Waste Action Project v. Astro Auto Wrecking, LLC

摘要

Auto wrecking facility is liable for deferred $50,000 penalty under Clean Water Act and must complete injunctive relief, because: (1) even though environmental group did not establish that facility failed to submit certain discharge monitoring reports or that facility discharged stormwater containing copper in violation of its national pollutant discharge elimination system permit, group established in citizen suit 1,595 previously determined violations and that facility failed to implement best management practices required by its stormwater pollution prevention plan, complete corrective action for oil sheen, and sample stormwater discharges during 19 quarters, totalling roughly 4,015 violations; (2) facility did not establish affirmative defense that its berm and trench system was as effective as required BMPs; (3) federal district court determined that injunction was appropriate equitable remedy; and (4) substantial penalty would put facility out of business, hamper facility's efforts to comply with required injunction, and not further purposes of act.