Atlantic States Legal Foundation, Inc. v. Eastman Kodak Company

12 F.3d 353 (1994)

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Nature of the Case

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Facts

D operates an industrial facility that discharges wastewater into the Genesee River under a State Pollutant Discharge Elimination System ('SPDES') permit. D first received a federal permit in 1975. At that time, an NPDES was administered directly by the EPA. The EPA delegated authority to the states to establish their own programs in place of the EPA's. D applied in July 1979 to renew its permit to the New York State Department of Environmental Conservation ('DEC'). The DEC declined to act on D's renewal application, and d's NPDES permit remained in effect. D provided the DEC the estimated discharges of 164 substances from each of its outfalls. The DEC restricted the inquiry to chemicals used in excess of specified minimum levels. DEC issued D a SPDES permit establishing specific effluent limitations for approximately 25 pollutants. The SPDES permit contains both 'general provisions' and 'special reporting requirements.' P has claimed that D both exceeded the effluent limits imposed by its SPDES permit and discharged pollutants for which D had no discharge authorization. The court granted D’s motion for summary judgment and dismissed the case. P appealed. P argues that the SPDES permit and Section 301 of the CWA prohibit absolutely the discharge of any pollutant not specifically authorized under D's SPDES permit.