Michigan v. City of Allen Park

No. 80-1554 (6th Cir. October 8, 1981)

The court affirms the district court's holding, 11 ELR 21023, that appellant's failure to complete timely a sewer separation project violated a national pollutant discharge elimination system permit issued by the State of Michigan.

Counsel are listed at 11 ELR 21023.

Before Brown, Martin, and Cecil, JJ.

[11 ELR 21057]

Order

The City of Allen Park, defendant below, appeals from a decision of the district court in which the court held that the failure by Allen Park timely to complete the sewer separation project in question violated the applicable National Pollutant Discharge Elimination System (NPDES) permit issued by the State of Michigan. The court entered an order requiring Allen Park to proceed immediately with the financing and construction of its segment of the project. See State of Michigan v. City of Allen Park, 501 F. Supp. 1007 [11 ELR 21023] (E.D. Mich. 1980).

Upon examination of the record on appeal and consideration of the briefs and oral arguments of counsel the court concludes that the district court committed no reversible error and reached the correct result.

Accordingly, the judgment of the district court is Affirmed.