Town of Jaffrey, New Hampshire Public Works Department (Board decision, August 25, 2010)

Plain-English summary

The Town of Jaffrey, New Hampshire, petitioned for review of its NPDES permit. After the Region modified the permit and the parties engaged in settlement discussions about an administrative compliance order, the Town no longer wished to pursue the appeal. The parties jointly requested dismissal, and the Environmental Appeals Board dismissed the petition in its entirety with prejudice.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The petition for review was dismissed with prejudice after the petitioner withdrew it.
• Key point: The EAB granted the parties' joint request to close the permit appeal after modification and settlement discussions.

Full text (EPA EAB public release)

                                                                                                              ~
                                                                            ?               I   I   @
                   BEFORE THE ENVIRONMENTAL APPEALS BOARD
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                               WASHINGTON, D.C.

                                                                        [illegible clerk stamp]
                                                   )

In re: ) NPDES Appeal No. 09-18
Town of Jaffrey, NH Public Works Department )
(
NPDES Permit No. NH0100595 )

-----------------------)
ORDER DISMISSING PETITION

     On November 2, 2009, the Town of Jaffrey, New Hampshire ("Petitioner") petitioned the

Environmental Appeals Board ("Board") for review of an NPDES permit issued to the Petitioner

by Region 1 of the United States Environmental Protection Agency ("the Region"). Following a

series of stays, and as a result of settlement negotiations, the Region has modified the permit. In

light of the final permit modification and of productive negotiations regarding an administrative

compliance order, the Petitioner no longer wishes to pursue its appeal. Petitioner has, therefore,

withdrawn its petition for review and the parties jointly request that the Board dismiss the petition

in its entirety.

     Having duly considered the motion and for good cause shown, the Board GRANTS the

joint motion and dismisses the petition with prejudice.

     So ordered.

Dated: August 25, 2010 ENVIRONMENTAL APPEALS BOARD

                                                       [signature]
                                                                Edward E. Reich
                                                          Environmental Appeals Judge

CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition, in the matter of

Town of Jaffrey, NH Public Works Department, NPDES Appeal No. 09-18, were sent to the
following persons in the manner indicated:

By Pouch Mail and FAX:

Ronald A. Fein
Assistant Regional Counsel
U.S. EPA Region 1
5 Post Office Square, Suite 100 (Mailcode ORA 18-1)
Boston, MA 02109-3912
Fax: 617-918-0040

By First Class Mail and FAX:

George Dana Bisbee
Devine, Millimet & Branch, P.A.
111 Amherst Street
Manchester, NH 03101
Fax: 603-666-4288

            AUG 25 2010

Dated: August 25, 2010