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Pymatuning Water Shed Citizens for a Hygienic Env't v. Eaton

Citation: 11 ELR 20498
No. No. 79-70 B Erie, 506 F. Supp. 902/14 ERC 2094/(W.D. Pa., 08/14/1980)

Finding that plaintiff is a citizen within the meaning of § 505 of the Federal Water Pollution Control Act (FWPCA), the court orders defendants to comply with their national pollutant discharge elimination system (NPDES) permit without proof of violations of effluent standards or limitations under § 301 of the Act. The court rules that plaintiff is a citizen within the meaning of § 505, the citizen suit provision, because it has demonstrated that it and its members have a special interest in the body of water that may be adversely affected by defendants' actions. The court also finds that defendants have violated the NPDES permit by discharging raw sewage from their sewage treatment plant into the Shenango River. Since defendants have violated the terms of the permit, plaintiff need not prove violations of effluent standards or limitations under § 301 of the Act. The court orders defendants to produce a compliance plan within 90 days and to use the "best control technology currently available" to attain compliance with the permit.

Counsel for Plaintiff
John V. Adams
Adams, Hillen & Shoemaker
1918 Frick Bldg., Pittsburgh PA 15219
(412) 391-8361

Counsel for Defendants
Paul D. Shafer Jr., Robert S. Bailey, James R. Irwin
Shafer, Dornhaffer, Swick & Bailey
360 Chestnut St., Meadville PA 16335
(814) 724-4540