ELR Citation: ELR 20676
No(s). 88-1128-HO (D. Or. Jul 26, 1990)

The court holds that a consent decree in which a municipal sewer agency agrees to pay $1 million properly resolves claims brought in a citizen suit under the Federal Water Pollution Control Act (FWPCA), even though no provision is made for payment to the U.S. Treasury. The decree requires an expenditure of approximately $50 million by the sewer system operator to bring the system into compliance with the FWPCA. The decree also requires the sewer agency to pay $100,000 to a state environmental quality agency to fund enforcement staff positions and $900,000 to an endowment fund created to restore river basin waters. The court holds that the terms of the consent decree constitute a penalty within the meaning of the FWPCA, even though payment will not be made to the U.S. Treasury. The court also holds that the decree fulfills the FWPCA's purpose of improving water quality.

[Pleadings in this case are digested at ELR Pend. Lit. 66101.]

Counsel for Plaintiffs
Mary Kyle McCurdy
Mitchell, Lang & Smith
2000, One Main Place, 101 S.W. Main St., Portland OR 97204
(503) 221-1011

Counsel for Defendants
Paul T. Fortino
Perkins Coie
U.S. Bancorp Tower, Ste. 2500, 111 S.W. Fifth Ave., Portland OR 97204
(503) 295-4400