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State Water Control Bd. v. Train

Citation: 7 ELR 20571
No. No. 76-1320, 559 F.2d 921/10 ERC 1321/(4th Cir., 07/13/1977) Aff'd

Publicly owned sewage treatment plants that have not yet received federal funding under Title II of the Federal Water Pollution Control Act are still bound to comply with § 301(b)(1)(B)'s requirement of secondary treatment by July 1, 1977. Both the text of § 301(b) and its legislative history indicate that Congress intended the 1977 effluent limitations to be unconditional. The court notes that its holding does not mean that severe sanctions will inevitably be imposed on municipalities which are physically or economically unable to comply with the 1977 deadline. The Environmental Protection Agency will undoubtedly exercise its prosecutorial discretion and decline to institute enforcement proceedings against such municipalities. In any event, the courts retain equitable discretion to determine whether fines or injunctive sanctions are appropriate in each particular case.

Counsel for Plaintiff-Appellant
John E. Ryan, Jr., Deputy Attorney General; David E. Evans, Ass't Attorney General
1101 E. Broad St., Richmond VA 23219
(804) 786-2071

Counsel for Defendants-Appellees
Larry A. Boggs, Edmund B. Clark, Jacques B. Gelin
Department of Justice, Washington DC 20530
(202) 737-8200

William B. Cummings, U.S. Attorney; Charles L. Beard, Ass't U.S. Attorney
117 S. Washington St., Alexandria VA 22313
(703) 557-9100

Counsel for Amicus Curiae Natural Resources Defense Council
Edward L. Strohbehn, Jr.
Natural Resources Defense Council, Inc.
917 15th St., NW, Washington DC 20005
(202) 737-5000