Puget Soundkeeper AH. v. Whitley Mfg. Co.

摘要

Company is liable in Clean Water Act citizen suit for unpermitted stormwater discharges associated with its industrial activities, because: (1) company concedes it discharged stormwater associated with industrial activity without stormwater discharge permit required under Section 402(p) of act; (2) even though there is no private right of action to enforce Section 402(p)'s permit requirement and group must allege unpermitted discharge of pollutant to bring citizen suit claim, under Section 402(p) stormwater associated with industrial sources constitutes pollutant under act; and (3) group provided company with pre-suit notice required to bring citizen suit claim.