Martha M. Menzel Mary B. Rice, and Barbara G. Racine and Virginia W. Grubbs v. County Utilities Corporation

JAMES DICKSON PHILLIPS, Circuit Judge:

In this action brought under the citizens’ suit provisions of the Federal Water Pollution Control Act (the Act), 33 U.S.C. §§ 1251-1376, plaintiffs appeal from an order of the district court granting defendant County Utilities’s motion for summary judgment. Finding that there remain genuine issues of fact regarding whether County Utilities has complied fully with federal law, we reverse the judgment and remand to the district court for further proceedings.

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County Utilities operates a sewage treatment system in Virginia Beach, Virginia, which discharges…