ELR Citation: ELR 20825
No(s). s. 89-3146 (HLS), 90-968 (HLS) (D.N.J. Oct 15, 1990)

The court holds that the five-year statute of limitations in 28 U.S.C. §2462 does not begin to run in a Federal Water Pollution Control Act citizen suit until the date the defendant files its discharge monitoring reports, and not from the date of violation. A plaintiff's cause of action accrues at the time the defendant files its discharge monitoring reports because the filing of the reports is the earliest time that the public can be deemed to know about the violations. The court holds that unreported violations are not subject to the five-year statute of limitations. Unreported violations are subject to the five-year statute of limitations only from the time that the public could reasonably have known of the violations. Since plaintiff became aware of the unreported violations only during discovery, the five-year statute of limitations does not bar any of the violations before the court.

[An earlier decision is this case is published at 21 ELR 20820.]

Counsel are listed at 21 ELR 20820.