Haverhill Wastewater Treatment Facility (Board decision, February 28, 2008)

Plain-English summary

EPA Region 1 issued an NPDES permit for the Haverhill Wastewater Treatment Facility in Bradford, Massachusetts. The City of Haverhill petitioned for review of nitrogen monitoring requirements in the permit. EPA later withdrew the challenged conditions and moved to dismiss the petition. The Environmental Appeals Board dismissed the petition as moot. The order does not state a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. pt. 124.
• Outcome: The petition for review was dismissed as moot after the challenged permit conditions were withdrawn.
• Key point: Withdrawal of the challenged permit conditions made the petition moot.

Full text (EPA EAB public release)

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

In re:

Haverhill Wastewater Treatment Facility NPDES Appeal No. 08-01

Permit No. MA0101621

                         ORDER DISMISSING PETITION FOR REVIEW


      On December 5, 2007, Region 1 of the U.S. Environmental Protection Agency issued

National Pollutant Discharge Elimination System Permit No. MA0101621 to the City of Haverhill, located in Bradford, Massachusetts, to discharge pollutants from its wastewater treatment facility into the Merrimack River Basin (the "permit"). On January 3, 2008, the City of Haverhill filed a petition for review with the Environmental Appeals Board ("Board") under the provisions of 40 C.F.R. pt. 124, seeking review of the nitrogen monitoring requirements in the permit.

      On February 21, 2008, the Region filed a notice of contested and uncontested conditions

and of withdrawal of permit conditions. Specifically, the Region withdrew the permit's monitoring requirements for Total Ammonia Nitrogen, as N, Total Kjeldahl Nitrogen, Total Nitrate and Total Nitrite (collectively referred to as "Nitrogen monitoring requirements").

      With the challenged permit conditions withdrawn, the Region moved to dismiss the

petition for review on the grounds of mootness and requested that the Board stay its requirement that the Region produce and submit a written portion of the administrative record, pending the Board's decision on the motion to dismiss. In its motion, the Region represents that the City of Haverhill has consented to the Region's request to dismiss the petition.

      Under the circumstances, with the challenged permit conditions now withdrawn, the

Board dismisses Haverhill's petition as moot.

      So ordered.


                                  ENVIRONMENTAL APPEALS BOARD

Dated: [illegible] [signature]
Annette Duncan, Environmental Appeals Judge

                          CERTIFICATE OF SERVICE

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

matter of City of Haverhill Wastewater Treatment Facility, NPDES Appeal No. 08-01, were sent to the following persons in the manner indicated:

By Pouch Mail and via fax:

          Jonathan Binder
          Office of Regional Counsel
          U.S. EPA, Region 1
          One Congress Street, Suite 1100 (RAA)
          Boston, MA 02114
          Fax #: (617) 918-0071
          Phone #: (617) 918-1071

By First Class Mail Postage Prepaid
and via fax:

          Facility Manager
          City of Haverhill Wastewater Treatment Facility
          40 South Porter Street
          Haverhill, MA 01835-7646
          Fax #: (978) 521-4083
          Phone #: (978) 314-2382


        [illegible]

Dated: [illegible] Annette Duncan