Snapperfarm, Inc. (Board decision, June 17, 2010)

Plain-English summary

Snapperfarm, Inc. sought review of its NPDES Permit No. PR0026361. The company asked to withdraw its petition after settlement negotiations with EPA Region 2. Region 2 clarified its interpretation of certain permit terms and issued an Administrative Order giving Snapperfarm additional time to comply with one contested special condition. The Environmental Appeals Board dismissed the petition for review 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 closed the permit appeal after the parties reached a satisfactory resolution of the disputed issues.

Full text (EPA EAB public release)

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

                                                 )

In re: )
)
Snapperfarm, Inc. ) NPDES Appeal No. 09-19
)
NPDES Permit No. PR0026361 )
-----------------------------)
ORDER DISMISSING PETITION FOR REVIEW

    On June 15, 2010, representatives of Snapperfarm, Inc. filed a motion for withdrawal of

their petition for review in the above-captioned case. They report that Region 2 of the U.S.

Environmental Protection Agency, the issuer of the permit in dispute, consents to the granting of

this motion. Snapperfarm's representatives explain that they have completed settlement

negotiations with Region 2 and have reached satisfactory resolution of all disputed issues. The

Region has clarified its interpretation of certain permit terms and has issued an Administrative

Order that includes additional time for Snapperfarm to comply with one of the special conditions

contested in the appeal.

    For good cause shown, the petition for review of NPDES Permit No. PR0026361 is

hereby DISMISSED WITH PREJUDICE.

    So ordered.

                                          ENVIRONMENTAL APPEALS BOARD

Dated: June 17, 2010 By: [signature]
Kathie A. Stein
Environmental Appeals Judge

                           CERTIFICATE OF SERVICE

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

matter of Snapperfarm, Inc., NPDES Appeal No. 09-19, were sent to the following persons in the
manner indicated:

By Facsimile and First Class U.S. Mail:

     Mildred Guzman, P.E.
     Vincenty, Heres & Associados
     Ingenieros Ambientales
     PMB 717, 89 Ave De Diego, Suite 105
     San Juan, Puerto Rico 00927
     telephone: (787) 300-2083
     facsimile: (787) 753-7200

By First Class U.S. Mail:

     Snapperfarm, Inc.
     Post Office Box 685
     Culebra, Puerto Rico 00775

By Facsimile and EPA Pouch Mail:

     Diane T. Gomes
     Assistant Regional Counsel
     Office of Regional Counsel
     U.S. Environmental Protection Agency, Region 2
     290 Broadway, 16th Floor
     New York, New York 10007
     telephone:     (212) 637-3235
     facsimile:     (212) 637-3202

Dated: June 17, 2010
____
Annette Duncan
Secretary