United States v. Frezzo Brothers, Inc.
United States Court of Appeals for the Third Circuit
602 F.2d 1123 (1979)
- Written by Sharon Feldman, JD
Facts
Frezzo Brothers, Inc., which was operated by Guido and James Frezzo (collectively Frezzo) (defendants), was a mushroom-farming business. Frezzo produced compost as a mushroom-growing base. Frezzo’s farm had a concrete holding tank to contain water runoff from the compost and to recycle water back to it. The farm’s separate storm-water runoff system carried rainwater to a channel box that was connected to a tributary that flowed into a creek. High concentrations of pollutants were found in the channel box that flowed into the tributary. Frezzo was convicted of violating § 1311(a) of the Federal Water Pollution Control Act (FWPCA). On appeal, Frezzo argued that the indictment should have been dismissed because the Environmental Protection Agency (EPA) had not promulgated any effluent limitations applicable to compost manufacturing that Frezzo could have violated.
Rule of Law
Issue
Holding and Reasoning (Rosenn, J.)
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