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CITY OF NEW BRUNSWICK v. BOROUGH OF MILLTOWN

Civ. A. No. 80-4040.

519 F.Supp. 878 (1981)

CITY OF NEW BRUNSWICK, Plaintiff, v. BOROUGH OF MILLTOWN and the Middlesex County Utilities Authority (formerly Middlesex County Sewerage Authority), Defendants, v. The MIDDLESEX COUNTY UTILITIES AUTHORITY (formerly Middlesex County Sewerage Authority), Defendant-Third Party Plaintiff, v. The UNITED STATES of America, by and through its Environmental Protection Agency, Third Party Defendant.

United States District Court, D. New Jersey.

August 11, 1981.

Attorney(s) appearing for the Case

James M. Cahill, Asst. City Atty., City of New Brunswick, New Brunswick, N. J., for plaintiff, City of New Brunswick.

Robert S. Sequin, Booream & Sequin, Milltown, N. J., and Roger S. Clapp, Arnold K. Mytelka, Clapp & Eisenberg, P.S., Newark, N. J., for defendant, Borough of Milltown.

Francis X. Journick, Richard P. Daingerfield, Wilentz, Goldman & Spitzer, P.C., Woodbridge, N. J., for defendant-third party plaintiff, The Middlesex County Utilities Authority (formerly Middlesex County Sewerage Authority).

William W. Robertson, U. S. Atty. by Rosanne Mayer, Pollution Control Section, Land and Natural Resources Division, U. S. Dept. of Justice, Washington, D.C. by Lee Dehihns, Acting Asst. Gen. Counsel, for Grants Office of General Counsel Environmental Protection Agency, Washington, D.C., for third party defendant, Environmental Protection Agency.

DEBEVOISE, District Judge.

This case presents a challenge to the Environmental Protection Agency's [EPA] decision to withhold part of its grant funds from the Middlesex County Utilities Authority [MCUA] because the Borough of Milltown, whose waste water is treated by the MCUA, had failed to adopt a system of user charges to pay for its proportionate share of the MCUA facility as mandated by section 204(b)(1) of the Clean Water Act, 33 U.S.C. § 1284(b)(1). The...

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