In a Clean Water Act civil enforcement action against a county brought by the United States and the Commonwealth of Kentucky for violations involving the county's sanitary and storm sewer systems, district court's refusal to approve a civil penalty is remanded where the district court's finding that the proposed civil penalty of $425,000 could be better directed toward alleviating the conditions that violated the Clean Water Act cannot, by itself, support rejection of an otherwise proper settlement in light of the express provision for civil penalties in the Clean Water Act.
Argued: December 3, 2009
Decided and Filed: January 7, 2010
Opinion by Circuit Judge Rogers
For Appellant: Michael T. Gray, US Department of Justice
For Appellee: Scott White, Morgan & Pottinger, PSC