Leominster Water Pollution Control Facility (Board decision, September 5, 2007)

Plain-English summary

The City of Leominster petitioned for review of NPDES Permit No. MA-0100617. The City later reported that it had reached an agreement with EPA Region 1 that would facilitate compliance with the permit and make the appeal unnecessary. The Environmental Appeals Board dismissed the City's 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 the City withdrew it.
• Key point: An agreement that makes an NPDES appeal unnecessary can support dismissal with prejudice after the petitioner withdraws the appeal.

Full text (EPA EAB public release)

             BEFORE THE ENVIRONMENTAL APPEALS BOARD
         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.
                                                                             SEP - 5 2007
                                                                             Clerk, Environmental Appeals Board
                                                                             INITIALS

In re:

Leominster Water Pollution
Control Facility NPDES Appeal No. 06-16

NPDES Permit No. MA-0100617

                   ORDER DISMISSING PETITION FOR REVIEW

     By submission dated August 24, 2007, the City of Leominster ("City"), the petitioner in the

above-captioned matter, states that it is withdrawing its Petition for Review. See Notice of
Withdrawal of Appeal ("Notice"). The Notice states that the City has reached an agreement with U.S.
EPA Region 1 "that will facilitate compliance with the conditions of the appealed NPDES permit
therefore making the instant appeal unnecessary." Notice at 1. Accordingly, the City's Petition for
Review is hereby dismissed with prejudice.

     So ordered.


                                ENVIRONMENTAL APPEALS BOARD

                                By: [signature]
                                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 Leominster Water Pollution Control Facility, NPDES Appeal No. 06-16, were sent to the
following persons in the manner indicated:

First Class Mail: Jeffrey T. Blake
Kopelman and Paige, P.C.
101 Arch Street, 12th Floor
Boston, MA 02110-0007

Pouch Mail: Joshua Caditz
Assistant Regional Counsel
U.S. EPA Region 1 (RAA)
One Congress Street - Suite 1100
Boston, MA 02114-2023

Dated: SEP - 5 2007