Rockland Wastewater Treatment Plant (Board decision, April 10, 2007)

Plain-English summary

The North and South Rivers Watershed Association asked to withdraw its petition for review of NPDES Permit No. MA0101923. The parties had settled the issues raised in the petition, and EPA Region 1 issued a permit modification incorporating the settlement terms. The modification took effect on April 1, 2007, and the permittee did not appeal during the appeal period. The Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: None expressly cited in the released order.
• Outcome: Procedural dismissal. The petition for review was dismissed with prejudice.
• Key point: The Board closed the appeal after a settlement-based permit modification took effect and was not appealed.

Full text (EPA EAB public release)

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

In re:

Rockland Wastewater Treatment Plant NPDES Appeal No. 06-06

NPDES Permit No. MA0101923

                   ORDER DISMISSING PETITION FOR REVIEW

     On April 2, 2007, the North and South Rivers Watershed Association, Inc. ("the

Association") filed a motion to withdraw its petition for review in the above-captioned matter. The Association reports that the parties have successfully settled the issues raised in its petition, that EPA Region 1 has issued a permit modification incorporating the settlement terms, and that the permit modification took effect on April 1, 2007. The Association reports further that the Town of Rockland, permittee, has not filed an appeal of the permit modification, and the appeal period has now expired. With the assent of EPA Region 1, the Association moves the Environmental Appeals Board to grant a withdrawal of its petition.

     For good cause shown, the Association's petition for review of NPDES Permit

No. MA0101923 is hereby DISMISSED WITH PREJUDICE.

     So ordered.

                                          ENVIRONMENTAL APPEALS BOARD


                           CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of Rockland Wastewater Treatment Plant, NPDES Appeal No. 06-06, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

   Gary D. Thomas, Esq.
   Kethro & Thomas, P.C.
   1165 Washington Street
   Hanover, Massachusetts 02339
   telephone: (781) 826-4450
   facsimile: (781) 826-3173

   Samantha Woods, Executive Director
   North & South Rivers Watershed Association
   Post Office Box 43
   Norwell, Massachusetts 02061
   telephone: (781) 659-8168
   facsimile: (781) 659-7915

By EPA Pouch Mail:

   Ann H. Williams, Esq.
   Senior Assistant Regional Counsel
   U.S. Environmental Protection Agency, Region 1
   One Congress Street, Suite 1100 (SEL)
   Boston, Massachusetts 02114-2023
   telephone: (617) 918-1097
   facsimile: (617) 918-1029

Dated: APR 10 2007
[signature]
Secretary