United States District Court, W.D. Pennsylvania
For CITIZENS FOR PENNSYLVANIA'S FUTURE, Plaintiff: Brian G. Glass, LEAD ATTORNEY, Citizens for Pennsylvania's Future (PennFuture), Philadelphia, PA; Heather M. Langeland, LEAD ATTORNEY, Citizens for Pennsylvania's Future, Pittsburgh, PA.
For PITTSBURGH WATER & SEWER AUTHORITY, Defendant: Mark F. Nowak, LEAD ATTORNEY, Danny P. Cerrone, David G. Ries, Thorp Reed & Armstrong, LLP, Pittsburgh, PA.
For CITY OF PITTSBURGH, Defendant: Michael E. Kennedy, LEAD ATTORNEY, Daniel D. Regan, City of Pittsburgh Department of Law, Pittsburgh, PA.
ROBERT C. MITCHELL, United States Magistrate Judge.
Presently for disposition is the Defendants', Pittsburgh Water and Sewer Authority's (" PWSA" ) and the City of Pittsburgh's (the " City" ), Renewed Motion for Summary Judgment [ECF No. 71]. For the following reasons, the Defendants' motion is granted in part and denied in part.
Defendants have previously moved for summary judgment on the basis argued herein, however because of the lack of legal authority in both parties' briefs justifying the applicability of the 2010 Ordinance, this court temporarily denied summary
judgment, and permitted the parties to re-brief the issue. Therefore, because the motion before the court is a renewed motion for summary judgment, this court will only discuss the facts necessary for the disposition of the renewed motion.
The instant action is a citizen suit brought by Plaintiff, Citizens for Pennsylvania's Future (" PennFuture" ) and against Defendants for alleged violations of Section 505 of the Federal Water Pollution Control Act (" Clean Water Act" or " CWA" ), 33 U.S.C. § 1365 and Section 601 of the Pennsylvania Clean Streams Law (" Clean Streams Law" ), 35 P.S. § 691.601. Plaintiff generally argues that Defendants failed to enforce ordinances enacted pursuant to those laws in connection with discharge of storm water from a municipal separate storm sewer system to the Allegheny River.
In September 2004, the Pennsylvania Department of Environmental Protection (" DEP" ) issued the City and the PWSA a National Pollutant Discharge Elimination System (" NPDES" ) Permit for stormwater discharges from small municipal separate storm sewer systems (MS4s). This permit authorized the Defendants to discharge stormwater from their MS4s into the Monongahela, Allegheny and Ohio Rivers. The permit required that Defendants " implement a stormwater management program approved by [the DEP] . . . to reduce the discharge of pollutants from its [MS4s] to the maximum extent practicable . . . with the goal of protecting water quality and ...