United States v. W. B. Enterprises, Inc.

OPINION

MacMAHON, District Judge.

Plaintiff and defendant cross-move for summary judgment, pursuant to Rule 56, Fed.R.Civ.P., in this action under § 311(b) of the Federal Water Pollution Control Act [“Act”], 33 U.S.C. § 1321(b). The parties have stipulated certain facts in a statement pursuant to Local Rule 9(g), and plaintiff has submitted supporting affidavits, as permitted by Rule 56. We agree with the parties that there is no genuine issue as to any material fact and that this action is ripe for summary judgment.

Plaintiff sues to recover a civil penalty of $500.00 assessed against the…