ELR Citation: ELR 20364
No(s). 71-75 (W.D. Pa. Jul 26, 1971)

The Refuse Act prohibits the discharge of any refuse matter without a permit, regardless of its effect upon the water; it does not distinguish between "industrial waste" and "industrial discharge." The fact that defendant's discharge conformed to the water quality standards established by Pennsylvania under the Federal Water Pollution Control Act does not mitigate defendant's culpability under the Refuse Act, as these standards "were intended to assist rather than supplant" the permit application required by the latter. The promulgation of a Corps of Engineers' regulation enumerating the permit application procedure and fixing July 1, 1971, as the final date for such applications did not implicitly suspend the enforcement of the Refuse Act. Neither did the prior absence of such a procedure vitiate defendant's responsibility, as the Refuse Act requires those wishing to discharge to first secure a permit and "does not make it incumbent upon the Government to solicit applications."

Counsel for the United States:
Richard L. Thornburgh United States Attorney
Western District of Pennsylvania
633 U.S. Post Office & Courthouse
Pittsburgh, PA 15219
(412) 644-3500

Counsel for Pennsylvania Industrial Chemical Corporation:
Harold Gondelman
Baskin, Boreman, Sachs, Gondelman & Craig
1018 Frick Building
Pittsburgh, PA 15219
(412) 261-3424