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United States v. Genoa Coop. Creamery Co.

Citation: 2 ELR 20304
No. No. 71-CR-54, 336 F. Supp. 539/4 ERC 1040/(W.D. Wis., 01/06/1972)

The discharge by a creamery of liquid containing milk wastes and wash water with suspended solids flowing through a sewer into navigable water is in violation of the Refuse Act of 1899. The "streets and sewers" exemption from the Refuse Act covers only the discharge of organic solid matter present in municipal sewage, that is, typically, only human and animal and domestic wastes, as distinguished from industrial wastes.

Counsel for Federal Plaintiff:
John O. Olson United States Attorney
Western District of Wisconsin
P.O. Box 112
Madison, Wisconsin 53701

Counsel for Defendant:
Ernest O. Hanson
Hale, Skemp, Hanson, Schnurrer & Skemp
515 State Bank Building
La Crosse, Wisconsin 54601