ELR Citation: ELR 20006
No(s). HM-84-4019 (D. Md. Jul 11, 1989)

The court holds that it has jurisdiction over a Federal Water Pollution Control Act (FWPCA) citizen suit filed against a manufacturing plant, which closed down before the suit was filed, since the defendant continues to violate the recordkeeping requirements of its National Pollutant Discharge Elimination System (NPDES) permit. The court holds that due to the pendency of the Supreme Court's Gwaltney II decision during this case, and subsequent interpretation on remand by the Fourth Circuit, which held that citizen-plaintiffs must prove continuing violations to recover damages, the court must reconsider its prior ruling on liability. The NPDES permit—which was automatically extended during the course of litigation—required the manufacturing plant to maintain its records regarding its discharges for three years. The court finds that the manufacturing plant did not file required reports, and to this day continues to violate its NPDES permit. The court holds that the number of days of violation should begin with the date on which a report was due under the permit, or 575 days. The court holds that the defendant's discharges were consistently in excess of its NPDES permit limits and awards $500 per day of violation, or $287,500.

Counsel for Plaintiff
G. Macy Nelson
Anderson, Coe & King
Ste. 2000, 201 N. Charles St., Baltimore MD 21201
(301) 752-1630

Counsel for Defendant
Ralph K. Rothwell Jr.
Maslan, Maslan & Rothwell
7508 Eastern Ave., Baltimore MD 21224
(301) 282-2700