Town of North Attleborough Wastewater Treatment Facility (Board decision, March 25, 2008)

Plain-English summary

The Town of North Attleborough, Massachusetts, and the Rhode Island Department of Environmental Management filed petitions for review in two NPDES appeals. Both petitioners later notified the Environmental Appeals Board that they were withdrawing their petitions after reaching an agreement with EPA Region 1 addressing all issues raised in the petitions. The Board dismissed both petitions for review with prejudice. The order does not state a penalty.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The petitions in NPDES Appeal Nos. 07-02 and 07-04 were dismissed with prejudice after withdrawal.
• Key point: An agreement addressing all issues in two permit appeals led the petitioners to withdraw, and the Board dismissed both petitions with prejudice.

Full text (EPA EAB public release)

               BEFORE THE ENVIRONMENTAL APPEALS BO
           UNITED STATES ENVIRONMENTAL PROTECTION
                           WASHINGTON.D.C.
                                                                           2 5 m08
                                                                      c+,tAR            d

In re:

Town of North Attleborough
Wastewater Treatment Facility NPDES Appeal Nos. 07-02 & 07-04
NPDES Permit No. MA-0101036

                   ORDER DISMISSING PETITIONS FOR REVIEW


     On March 24, 2008, the Petitioners in the above-captioned matters, the Town of North

Attleborough, Massachusetts (NPDES Appeal No. 07-04) and the Rhode Island Department of

Environmental Management (NPDES Appeal No. 07-02), filed notices withdrawing their petitions for

review with the Environmental Appeals Board. Both Petitioners state that they have reached an

agreement with U.S. EPA Region 1 which addresses all issues raised in their respective petitions.

     Under these circumstances, the petitions for review filed in the above-captioned matters are

hereby dismissed with prejudice.

     So ordered.

Dated: [illegible] ENVIRONMENTAL APPEALS BOARD
By: [signature]

                                       Environmental Appeals Judge



                         CERTIFICATE OF SERVICE

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

matter of Town of North Attleborough, Wastewater Treatment Facility, NPDES Appeal Nos. 07-02 &
07-04, 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 02110-1109

                            Susan B. Forcier
                            Rhode Island Department of
                            Environmental Management
                            Office of Legal Services
                            235 Promenade St., 4th Floor
                            Providence, RI 02908-5767

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

Dated: [illegible]