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Health Department Can Assess Penalties and Damages for Discharge of Pollutants
Publication year - 1991
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1991.tb07109.x
Subject(s) - damages , health department , sewage treatment , wastewater , environmental science , law , business , environmental protection , environmental planning , environmental engineering , public health , political science , medicine , nursing
The city of Rock Hill, S.C., owned and operated a wastewater treatment plant and was authorized to discharge treated wastewater into the Catawba River in accordance with conditions contained in a permit issued by the state's Department of Health and Environmental Control (DHEC). In 1987, investigation revealed that 2 mil gal of sludge were discharged into the river, destroying fish valued at more than $100,000. The DHEC sought the city's compliance with the Water Pollution Control Act and subsequently ordered the city to pay the Wildlife Department approximately $123,000 for damages and $30,000 in civil penalties. The city then brought suit seeking a declaration that the DHEC lacked authority to make administrative assessment of damages against a governmental entity such as a city. The trial court ruled against the city.