Sewer Authority of the City of Scranton
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA, Plaintiff, v. Civ. No. __________________________ SEWER AUTHORITY OF THE CITY OF SCRANTON, Defendant. COMPLAINT The United States of America, by authority of the Attorney General of the United States and through the undersigned attorneys on behalf of the Administrator of the United States Environmental Protection Agency (“EPA”), files this Complaint, and allege as follows: NATURE OF ACTION 1. This is a civil action for injunctive relief and civil penalties brought against the Sewer Authority of the City of Scranton pursuant to Sections 309(b) and (d) of the Federal Clean Water Act (“CWA”), 33 U.S.C. §§ 1319(b) and (d), for permanent injunctive relief and assessment of civil penalties regarding the operation of a sewage treatment plant and collection system. The United States alleges that Defendant discharged, and continues to discharge, pollutants into waters of the United States in violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a), including discharges of raw sewage, storm water, and other wastewater (collectively, “combined sewage”) from at least 80 constructed combined sewer outfalls, and for violations of conditions established in the National Pollutant Discharge Elimination System (“NPDES”) permits issued to Defendant by the Pennsylvania Department of Environmental Protection (“PaDEP”), as authorized by the EPA under Section 402(b) of the CWA, 33 U.S.C. § 1342(b). 2. Section 309(e) of the Clean Water Act states that when a municipality is a party to a civil action brought by the United States under Section 309 of the Clean Water Act, “the State in which the municipality is located shall be joined as a party.” 33 U.S.C.
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