Reynolds v. RUCK'S MUSHROOM SERVICE, INC.

MEMORANDUM

RUFE, District Judge.

This is a citizens suit seeking to enforce provisions of the Clean Water Act, the Pennsylvania Clean Streams Law, and Pennsylvania common law. Presently before the Court is Plaintiffs’ motion for partial summary judgment. For the reasons set forth below, Plaintiffs’ motion is granted in part and denied in part.

I. FACTUAL BACKGROUND

Plaintiffs in this case, Warren Reynolds, John Reynolds and Wilmington Trust Company, as Trustee, own property located east of Penn Green Road in New Garden Township, Chester County, Pennsylvania. Located on this property is a acre…