United States v. Cutter Laboratories, Inc.

MEMORANDUM and ORDER

FRANK W. WILSON, Chief Judge.

This is an action pursuant to section 1319(b) and (d) of Title 33 of the Federal Water Pollution Control Act to collect civil money penalties for alleged violations of a National Pollutant Discharge Elimination System (NPDES) permit. The case is presently before the Court upon a motion by defendant to dismiss, or alternatively for summary judgment on the grounds that the Court lacks jurisdiction of the ease.

Plaintiff alleges that pursuant to section 1342(a) of the Federal Water Pollution Control Act and after opportunity for a public hearing,…