Middlesex School Wastewater Treatment Facility (Board decision, May 26, 2005)

Plain-English summary

Middlesex School of Concord, Massachusetts, petitioned for review of NPDES Permit No. MA0102466. The school and EPA Region 1 jointly asked the Environmental Appeals Board to dismiss the appeal after Region 1 withdrew a contested permit condition and proposed a permit modification that satisfied both parties. The Board found good cause and dismissed the petition with prejudice. The order did not decide the merits of the permit challenge or impose a penalty.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The petition for review was dismissed with prejudice after the contested permit condition was withdrawn.
• Key point: The EAB ended the permit appeal after the parties reported that EPA Region 1's proposed permit modification resolved the dispute.

Full text (EPA EAB public release)

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

)
In re: )
)
Middlesex School Wastewater
) NPDES Appeal No. 05-03
Treatment Facility
)
)
NPDES Permit No. MA0102466
)
)

ORDER DISMISSING PETITION FOR REVIEW

On May 24, 2005, counsel for Middlesex School of Concord, Massachusetts, filed a

motion to withdraw the petition for review it had filed on April 1, 2005, in the above-captioned

matter. Counsel simultaneously filed a joint motion, along with counsel for Region I of the U.S.

Environmental Protection Agency, to dismiss the appeal, on the ground that the issues raised by

Middlesex School in its petition have been resolved by Region I’s withdrawal of a contested

permit condition and proposed issuance of a permit modification that satisfies both parties.

For good cause shown, Middlesex School’s petition for review of NPDES Permit

No. MA0102466 is hereby DISMISSED WITH PREJUDICE.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: May 26, 2005 By: /s/
Anna L. Wolgast
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Middlesex School Wastewater Treatment Facility, NPDES Appeal No. 05-03, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

James A. Saltonstall, Business Manager
Middlesex School
1400 Lowell Road
Concord, Massachusetts 01742-9122

By EPA Pouch Mail:

Samir Bukhari, Esq.
U.S. Environmental Protection Agency, Region I
One Congress Street, Suite 1100 (RCA)
Boston, Massachusetts 02114-2023

Date: May 27, 2006
/s/
Annette Duncan
Secretary