Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

I. INTRODUCTION

Laidlaw Environmental Services (TOC), Inc. (“Laidlaw”), owns and operates a hazardous waste incinerator in Roebuck, South Carolina. As part of that facility, Laidlaw maintains a wastewater treatment plant for water used in the incineration process. Laidlaw discharges the treated wastewater into the North Tyger River pursuant to a National Pollutant Discharge Elimination System (“NPDES”) permit issued by the South Carolina Department of Health and Environmental Control (“DHEC”).

Plaintiffs…