Easley Combined Utilities (Board decision, August 24, 2007)

Plain-English summary

Easley Combined Utilities appealed an NPDES permit issued by EPA Region 4. The Region later issued a final permit incorporating the changes agreed to in settlement of the appealed issues. Easley withdrew its appeal, and the Environmental Appeals Board dismissed the petition for review with prejudice. The order does not state a penalty.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The petition for review was dismissed with prejudice after settlement and withdrawal.
• Key point: A permit appeal can end with prejudice after the permitting Region incorporates settlement changes into a final permit and the petitioner withdraws the appeal.

Full text (EPA EAB public release)

             BEFORE THE ENVIRONMENTAL APPEALS BOARD
         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.
                                                                             AUG 24 2007
                                                                             Clerk, Environmental Appeals Board
                                                                             INITIALS

In re:

Easley Combined Utilities NPDES Appeal No. 06-10

NPDES Permit No. SC0039853

                   ORDER DISMISSING PETITION FOR REVIEW

     On August 20, 2007, Region IV of the U.S. Environmental Protection Agency filed a

status report and motion to dismiss in the above-captioned case. The Region reports that on
August 9, 2007, it issued a final NPDES permit incorporating all the changes agreed to in
settlement of the issues appealed by Easley Combined Utilities, permittee and petitioner. On
August 22, 2007, Easley filed a notice of withdrawal of its appeal of the NPDES permit.

     We therefore DISMISS WITH PREJUDICE the pending petition for review,

designated NPDES Appeal No. 06-10.

     So ordered.

                                    ENVIRONMENTAL APPEALS BOARD

                                    By: [signature]
                                    Kathie A. Stein
                                    Environmental Appeals Judge


                          CERTIFICATE OF SERVICE

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

matter of Easley Combined Utilities, NPDES Appeal No. 06-10, were sent to the following
persons in the manner indicated:

By Facsimile and First Class U.S. Mail:

  F. Paul Calamita, Esq.
  Richard H. Sedgley, Esq.
  Aqualaw P.L.C.
  801 East Main Street
  Richmond, Virginia 23219
  telephone: (804) 716-9021
  facsimile: (804) 716-9022

By Facsimile and EPA Pouch Mail:

  Philip G. Mancusi-Ungaro, Esq.
  U.S. Environmental Protection Agency, Region IV
  Atlanta Federal Center
  61 Forsyth Street, S.W.
  Atlanta, Georgia 30303-8960
  telephone: (404) 562-9519
  facsimile: (404) 562-9486

Dated: AUG 24 2007
Annette Duncan
Secretary