Easley Combined Utilities (Board decision, February 13, 2008)

Plain-English summary

Easley Combined Utilities petitioned for review of conditions in NPDES Permit No. SC0039853. The utility later moved to withdraw its petition and represented that EPA Region 4 had modified the permit conditions at issue. The Environmental Appeals Board granted the request and dismissed the appeal in its entirety with prejudice. The order does not state a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. pt. 124.
• Outcome: The request to withdraw the petition was granted, and the appeal was dismissed with prejudice.
• Key point: Modification of the challenged permit conditions led the petitioner to withdraw its appeal.

Full text (EPA EAB public release)

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

In re:

         Easley Combined Utilities                         NPDES Appeal No. 07-17

Permit No. SC0039853

       ORDER GRANTING REQUEST TO WITHDRAW PETITION FOR REVIEW


       By motion dated February 8, 2008, Petitioner Easley Combined Utilities moves to

withdraw its Petition for Review filed with the Environmental Appeals Board under the provisions
of 40 C.F.R. pt. 124. In its motion, Petitioner represents that the permitting authority, U.S. EPA
Region IV, modified the NPDES permit conditions that are the subject of this appeal.

     Upon consideration, Petitioner's request to withdraw NPDES Appeal No. 07-17 is

granted. The Board hereby dismisses the appeal in its entirety with prejudice.

       So ordered.

                                                                          ENVIRONMENTAL APPEALS BOARD

Dated: [illegible] Anna L. Wolgast
Environmental Appeals Judge

                            CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Order Granting Request to Withdraw Petition

for Review in the matter of Easley Combined Utilities, NPDES Appeal No. 07-17, were sent to the
following persons in the manner indicated:

By Pouch Mail and via fax:

         Philip G. Mancusi-Ungaro
         Office of Regional Counsel
         U.S. EPA, Region IV
         Atlanta Federal Center
         61 Forsyth St., S.W.
         Atlanta, Georgia 30303-8960
         Fax #: (404) 562-9664
         Phone: (404) 562-9519

By First Class Mail Postage Prepaid
and via fax:

         F. Paul Calamita, Esq.
         Richard H. Sedgley, Esq.
         Aqualaw PLC
         801 E. Main St., Suite 1002
         Richmond, VA 23219
         Fax #: (804) 116-9022
         Phone: (804) 116-9021

Dated: [illegible] Annette Duncan
Secretary