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United States v. Frezzo Bros.

ELR Citation: 13 ELR 20584
Nos. No. 82-1494, 703 F.2d 62/18 ERC 1984/(3d Cir., 03/29/1983) Judgment against defendants aff'd

The Third Circuit affirms the district court decision, 12 ELR 21133, denying appellants' petition to vacate their convictions for discharging pollutants from mushroom composting operations without a national pollutant discharge elimination system permit in violation of §§301 and 309(c) of the Federal Water Pollution Control Act (FWPCA). The court affirms the district court's ruling that appellants' operation was not agricultural activity, exempt from the permit requirement under Environmental Protection Agency (EPA) rules, but rather manufacturing activity. It also rejects appellants' contentions that the FWPCA and EPA definitions of point source are unconstitutionally vague, and that appellants were denied effective assistance of counsel.

Counsel for Appellants
John Rogers Carroll
Carroll & Carroll
Suite 1206, 1605 Chestnut St., Philadelphia PA 19106
(215) 925-4100

Counsel for Appellee
Bruce J. Chasan, Ass't U.S. Attorney
Rm. 3310, U.S. Cthse., 601 Market St., Philadelphia PA 19106
(215) 597-9482

Before HIGGINBOTHAM, SLOVITER, and VAN DUSEN, Circuit Judges.