Town of Marion, Massachusetts (Board decision, July 17, 2007)

Plain-English summary

The Town of Marion, Massachusetts withdrew its petition for review of NPDES Permit No. MA0100030 and jointly moved with EPA Region 1 to dismiss the appeal. The parties reported that they had settled their differences through a permit modification issued by Region 1 on May 22, 2007. No other entity appealed that modification, so it could take effect under the parties' agreement. The Environmental Appeals Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: None expressly cited in the released order.
• Outcome: Procedural. The petition for review was dismissed with prejudice after settlement through a permit modification.
• Key point: A settled permit appeal may be dismissed when the challenged dispute is moot and no other party has appealed the modification.

Full text (EPA EAB public release)

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

In re:

Town of Marion, Massachusetts NPDES Appeal No. 06-15

NPDES Permit No. MA0100030

                   ORDER DISMISSING PETITION FOR REVIEW

     On July 13, 2007, the Town of Marion, Massachusetts, petitioner, filed a notice of

withdrawal of its petition for review in the above-captioned matter, along with a joint motion with Region I of the U.S. Environmental Protection Agency to dismiss the appeal in its entirety on the ground that the appeal is moot. The parties report that they successfully settled their differences through a permit modification issued by Region I on May 22, 2007, which has not been appealed by any other entity and which thus is free to go into effect pursuant to their agreement.

     For good cause shown, the petition for review of NPDES Permit No. MA0100030 is

hereby DISMISSED WITH PREJUDICE.

     So ordered.


                                       ENVIRONMENTAL APPEALS BOARD

                                       By: [signature]
                                           Anna L. Wolpert
                                           Environmental Appeals Judge


                          CERTIFICATE OF SERVICE

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

matter of Town of Marion, NPDES Appeal No. 06-15, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

     Robert C. Zora
     Superintendent of Public Works
     Town of Marion Department of Public Works
     50 Benson Brook Road
     Marion, Massachusetts 02738

     Bill McConnell, Esq.
     Camp Dresser McKee
     56 Exchange Terrace
     Fourth Floor
     Providence, Rhode Island 02903

By Facsimile and 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

     Dated: July 17, 2007