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United States v. Asbury Park

Citation: 2 ELR 20126
No. No. 84-72, 340 F. Supp. 555/3 ERC 1714/(D.N.J., 02/17/1972)

Twelve New Jersey sea coast communities are permanently enjoined from discharging sludge, a product of primary sewage treatment, into the Atlantic Ocean in violation of the Refuse Act. The Atlantic Ocean is a navigable body of water within the meaning of the Act. The discharge of municipal raw sewage is exempted from the statute's prohibition. But the evidence demonstrates that sludge is significantlymore viscous than raw sewage and does not fall within the statute's exemption of sewage. Defendant's discharge of sludge will significantly increase the viral, bacterial and heavy metal content of the receiving waters and will cause a substantial increase in the chemical oxygen demand of the waters. These effects will result in a dangerous health hazard and will have an irreparably adverse impact on the ocean environment.

Counsel for Plaintiff
Jonathan L. Goldstein 1st Asst. U.S. Attorney
Herbert J. Stern U.S. Attorney
Newark, New Jersey 07101

Counsel for Defendant City of Asbury Park
James M. Coleman, Jr.
711 Bangs Avenue
Asbury Park, New Jersey 07712