City of Portsmouth, New Hampshire Peirce Island Wastewater Treatment Facility and Combined Sewer Overflows (Board decision, January 23, 2008)

Plain-English summary

The Conservation Law Foundation petitioned for review of the NPDES permit for the City of Portsmouth's Peirce Island Wastewater Treatment Facility and Combined Sewer Overflows. The foundation reported that EPA Region 1, the permit issuer, and the City had settled the disputed permit issues and entered a fully executed settlement agreement on January 18, 2008. The Environmental Appeals Board dismissed the petition with prejudice. The order does not state a penalty or decide the permit issues on the merits.

Decision snapshot

• Cited authorities: None expressly cited in the released order.
• Outcome: Settled. The petition for review was dismissed with prejudice after the parties entered a settlement agreement.
• Key point: A fully executed settlement agreement resolving the disputed permit issues led to dismissal of the appeal.

Full text (EPA EAB public release)

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

In re:

City of Portsmouth, New Hampshire NPDES Appeal No. 07-13 Peirce Island Wastewater Treatment Facility and Combined Sewer Overflows

NPDES Permit No. NH0100234

                   ORDER DISMISSING PETITION FOR REVIEW


     On January 22, 2008, the petitioner in the above-captioned case, Conservation Law

Foundation (“CLF”), filed a notice of settlement and voluntary motion to dismiss its pending petition for review of NPDES Permit No. NH0100234. CLF reports that the parties to this appeal, which include EPA Region 1, the permit issuer, and the City of Portsmouth, New Hampshire, the permittee, have settled the issues in dispute regarding the permit and entered a fully executed settlement agreement to that effect on January 18, 2008.

     Accordingly, CLF’s petition for review of NPDES Permit No. NH0100234 is hereby

DISMISSED WITH PREJUDICE.

     So ordered.


                                       ENVIRONMENTAL APPEALS BOARD

                                       By: Scott C. Fulton
                                           Environmental Appeals Judge

Dated: January 23, 2008

                         CERTIFICATE OF SERVICE

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

matter of City of Portsmouth, NPDES Appeal No. 07-13, were sent to the following persons in the manner indicated:

By Facsimile and First Class U.S. Mail:

     Thomas F. Irwin, Esq.
     Conservation Law Foundation
     27 North Main Street
     Concord, New Hampshire 03301
     telephone: (603) 225-3060
     facsimile:   (603) 225-3059

     E. Tupper Kinder, Esq.
     Nelson, Kinder, Mosseau & Saturley, P.C.
     99 Middle Street
     Manchester, New Hampshire 03101
     telephone: (603) 647-1800
     facsimile: (603) 647-1900

By Facsimile and EPA Pouch Mail:

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

Dated: January 23, 2008