WICONISCO CREEK WATERSHED v. KOCHER COAL CO.

Civ. A. No. 86-0608.

641 F.Supp. 712 (1986)

WICONISCO CREEK WATERSHED, Plaintiff, v. KOCHER COAL COMPANY, Defendant.

United States District Court, M.D. Pennsylvania.

August 19, 1986.


Attorney(s) appearing for the Case

John E. Childe, Jr., Harrisburg, Pa., for plaintiff.

Stephen C. Braverman, Baskin, Flaherty, Elliott & Mannino, Philadelphia, Pa., Allen Shaffer, Millersburg, Pa., for defendant.


MEMORANDUM

CALDWELL, District Judge.

Introduction

Plaintiff, Wiconisco Creek Watershed Association, initiated this "citizens suit" pursuant to § 1365(a) of the Clean Water Act, 33 U.S.C. § 1251 et seq., seeking injunctive relief and the imposition of civil penalties. Plaintiff alleges that defendant, Kocher Coal Company, discharged polluted water into the Wiconisco Creek without obtaining a National Pollution Discharge Elimination...

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