United States v. City of Niagara Falls

CURTIN, District Judge.

By order dated December 7, 1987, this court granted plaintiffs’ motion for partial summary judgment finding that the discharge of untreated dry weather flows from the Falls Street Tunnel [FST] into the Niagara River constituted a violation by defendant of the Clean Water Act, 33 U.S.C. § 1251 et seq., and its 1975 National Pollutant Discharge Elimination System [NPDES] permit, and ordered defendant to remedy that violation by abating the flow or re-diverting it through the Niagara Falls Wastewater Treatment Plant [WWTP] unless defendant could sufficiently demonstrate to…