ELR Citation: ELR 20278
No(s). 87-2034 (W.D. Ark. Aug 24, 1989)

The court holds that citizens' good-faith allegations of 43 separate Federal Water Pollution Control Act (FWPCA) violations, and substantial evidence demonstrating a reasonable likelihood of recurring violations, justify a civil penalty of $1,000 per day, rather than the maximum $10,000 per day penalty. Although the violators argue that a new facility has alleviated the previous violations, the court holds that the evidence established a reasonable likelihood of repetition. Witnesses testified to intermittent violations and extensive oil and sludge accumulations since the existing treatment facility was built. Considering the jury's finding of 43 separate FWPCA violations, the violators' ability to pay, and Environmental Protection Agency penalty guidance documents, the court assesses a $43,000 civil penalty—$1,000 for each day of violation.

Counsel for Plaintiffs
James Bruce McMath, Philip H. McMath
McMath Law Firm
711 W. Third St., P.O. Box 1470, Little Rock AR 72201
(501) 376-3021

Counsel for Defendants
John G. Lile III, M. Samuel Jones III
Wright, Lindsey & Jennings
2200 Worthen Bank Bldg., 200 W. Capitol Ave., Little Rock AR 72201
(501) 371-0808

Sidney P. Davis, Constance G. Clark
Davis, Cox & Wright
19 E. Mountain St., P.O. Drawer 1688, Fayetteville AR 72701
(501) 521-7600