Brockton Advanced Water Reclamation Facility (Board decision, October 2, 2006)

Plain-English summary

Timothy and Douglas Watts, EPA Region 1, and the City of Brockton, Massachusetts, concluded settlement negotiations concerning the Brockton NPDES permit. The parties reported that a federal court had entered a consent decree memorializing the settlement. The Environmental Appeals Board granted the joint motion to withdraw the petition and dismissed the permit appeal 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• Outcome: The petition was withdrawn after settlement and dismissed with prejudice.
• Key point: A permit appeal may be dismissed with prejudice after the parties resolve the matter through a federal-court consent decree.

Full text (EPA EAB public release)

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

In re: )
)
Brockton Advanced Water ) NPDES Appeal No. 05-04
Reclamation Facility )
)
NPDES Permit No. MA0101010 )

                   ORDER DISMISSING PETITION FOR REVIEW

On September 27, 2006, counsel for EPA Region I and petitioners Timothy and Douglas Watts filed a joint motion to withdraw the petition for review in the above-captioned matter. The parties report that they, along with the City of Brockton, Massachusetts, have successfully concluded settlement negotiations and that a consent decree memorializing the outcome of those negotiations was entered in federal court on September 25, 2006.

For good cause shown, the petition for review of NPDES Permit No. MA0101010 is hereby DISMISSED WITH PREJUDICE.

So ordered.

                                         ENVIRONMENTAL APPEALS BOARD

Dated: OCT 2 2006 By:
Scott C. Fulton
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Brockton Advanced Water Reclamation Facility, NPDES Appeal No. 05-04, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

Timothy A. Watts
633 Wareham Street
Middleboro, Massachusetts 02346
telephone: (508) 946-6191

Douglas H. Watts
38 Northern Avenue
Augusta, Maine 04330
telephone: (207) 626-8178

George E. Olson, Esq.
Edwards Angell Palmer & Dodge, L.L.P.
111 Huntington Avenue
Boston, Massachusetts 02199-7613
telephone: (617) 239-0100

By EPA Pouch Mail:

Samir Bukhari, Attorney Advisor
U.S. Environmental Protection Agency, Region I
One Congress Street, Suite 1100 (RAA)
Boston, Massachusetts 02114-2023
telephone: (617) 918-1095
facsimile: (617) 918-0095

Secretary