ELR Citation: ELR 21463
No(s). 89-5371 (AET) (D.N.J. Apr 8, 1992)

The court preliminarily enjoins a New Jersey industrial company in a Federal Water Pollution Control Act citizen suit from further violating its New Jersey pollutant discharge elimination system permit at one of its facility's discharge points, after it was previously found liable for multiple violations of its permit. The court grants only preliminary injunctive relief, because the company may be able to present new evidence requiring review of its liability. The court holds that a handful of monitoring violations do not support a finding of irreparable harm where the company is substantially in compliance with its monitoring requirements. Nonetheless, the company's permit violations for several pollutant parameters raises the specter of permanent damage. Moreover, the type of harm resulting from the continued discharge violations is not reparable through monetary damages and outweighs any harm to the company. The court holds that an injunction is necessary to ensure compliance that is quick, in light of the seriousness of the company's continuing permit violations, and orders each party to submit proposed permit compliance schedules.

[A previous court decision in this case is published at 22 ELR 20343.]

Counsel are listed at 22 ELR 20343.