ELR Citation: ELR 20467
No(s). 89-72937 (E.D. Mich. Oct 1, 1996)

The court holds that federal and state governments may not sue a city for failing to release public information required by an industrial pretreatment program (IPP) if the IPP was never adopted into a national pollution discharge elimination system (NPDES) permit. Michigan granted Detroit an NPDES permit for the operation of a publicly owned treatment works. The permit provided that the city would implement and enforce its IPP within 30 days of state approval, and that the permit would be modified to incorporate the IPP. The parties disagreed over the terms of the modification and as a result the IPP was never incorporated. The court holds that the regulatory language clearly implies that an IPP is only enforceable when it is incorporated into an NPDES permit. Its enforceability is linked to the public's ability to comment on program conditions before the IPP is incorporated.

Counsel for Plaintiffs
Pater Caplan, Ass't U.S. Attorney
U.S. Attorney's Office
211 W. Fort St., Ste. 2300, Detroit MI 48234
(313) 234-9100

Counsel for Defendant
Beth S. Gotthelf
Seyburn, Kahn, Ginn, Bess, Deitch & Serlin
2000 Town Ctr., Ste. 1500, Southfield MI 48075
(810) 353-7620