City of Newburyport, Wastewater Treatment Facility (Board decision, November 2, 2006)

Plain-English summary

The City of Newburyport and EPA Region 1 reached a settlement under which the Region agreed to modify the City's NPDES permit. After the permit modification was finalized, the Region asked the Environmental Appeals Board to affirm withdrawal of the City's petition for review. The City did not oppose the request. The Board granted the withdrawal and dismissed the petition with prejudice. The order does not state the settlement terms or a penalty.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: The petition was withdrawn after a permit settlement and dismissed with prejudice.
• Key point: The EAB may dismiss a permit appeal with prejudice after the parties resolve it through a permit modification and settlement.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

                                                           FILED
                                                           NOV 2 2006
                                             CLERK, ENVIRONMENTAL APPEALS BOARD
                                             INITIALS __________

In re: )
)
City of Newburyport, Wastewater )
Treatment Facility ) NPDES Appeal No. 04-05
)
NPDES Permit No. MA-0101427 )

     ORDER GRANTING REQUEST TO WITHDRAW PETITION FOR REVIEW

By submission received on May 4, 2006, the parties in the above-captioned matter, the City of Newburyport (the “City”) and U.S. EPA Region I (the “Region”), informed the Board that they had reached a settlement agreement under which the Region agreed to modify the City's permit in certain respects. Once modification proceedings were completed in accordance with the agreement, the City would then withdraw its petition for review with this Board. On November 1, 2006, the Region informed the Board that a permit modification has now been finalized and requests that the Board “affirm the withdrawal of the City's pending Petition for Review in accordance with the remaining terms of the Settlement Agreement.” Notification of Issuance of Final Permit Modification and Request to Withdraw Pending City of Newburyport Petition for Review at 2 (Nov. 1, 2006). The City does not oppose the request.

Accordingly, the request to withdraw the City's Petition for Review is granted. The City's petition is hereby dismissed with prejudice.

So ordered.

Dated: Nov. 2, 2006 ENVIRONMENTAL APPEALS BOARD

By:

Kathie A. Stein
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Request to Withdraw Petition for Review in the matter of City of Newburyport, Wastewater Treatment Facility, NDPES Appeal No. 04-05, were sent to the following persons in the manner indicated:

Certified Mail:

Barry P. Fogel
Keegan, Werlin & Pabian, LLP
265 Franklin Street
Boston, MA 02110-3113

First Class Mail: M.R. Eigerman, President
David McFarlane
Island Futures Group, Inc
P.O. Box 1392
Newburyport, MA 01950

                                John A. Pike
                                Conservation Law Foundation
                                62 Summer Street
                                Boston, MA 02110-1016

Pouch Mail: Tonia Bandrowicz
U.S. EPA Region I
Office of Regional Counsel (SEL)
One Congress Street, Suite 1100
Boston, MA 02114-2023

Dated: NOV 13 2006

Annette Duncan
Secretary