City of Fitchburg Wastewater Treatment Facilities Commission (Board decision, August 19, 2011)

Plain-English summary

The City of Fitchburg Wastewater Treatment Facilities Commission filed a petition for review involving NPDES Permit No. MA0100986. The City later filed a notice withdrawing its petition. The parties agreed to an Administrative Order for Compliance that they said would resolve the appeal without further litigation before the Board. The Environmental Appeals Board dismissed the matter in its entirety with prejudice.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The petition for review was dismissed in its entirety with prejudice.
• Key point: The EAB closed the appeal after the petitioner withdrew it and the parties agreed to an Administrative Order for Compliance.

Full text (EPA EAB public release)

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

                                                  )

In re: )
)
City of Fitchburg Wastewater Treatment )
Facilities Commission, ) NPDES Appeal No. 10-14
)
Petitioner, )
)
NPDES Permit No. MA0100986 )

------------------------------ )

                       ORDER DISMISSING PETITION FOR REVIEW


      On August 12, 2011, the City of Fitchburg Wastewater Treatment Facilities Commission

("the City") filed a notice of withdrawal of its petition for review in the above-captioned case.

The parties have agreed to an Administrative Order for Compliance that all parties agree will

resolve this appeal without further litigation before the Board. See Notice of Withdrawal; see

also Status Report (Docket # 17) (Aug. 5, 2011).

      Upon consideration, the Environmental Appeals Board dismisses the matter in its entirety

with prejudice.

      So ordered.
                                                  ENVIRONMENTAL APPEALS BOARD

Dated: August 19, 2011 By: Kathie A. Stein
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 City of Fitchburg Water Treatment Facilities Commission, NPDES
Appeal No. 10-14 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:

David E. Evans
McGuire Woods LLP
One James Center
Richmond, VA 23219
Fax: 804-698-2049

Dated: AUG 19 2011
Annette Duncan
Secretary