Barnhardt Manufacturing Company (Board decision, November 3, 2011)

Plain-English summary

Barnhardt Manufacturing Company sought review of several conditions in an NPDES permit issued by EPA Region 1. Barnhardt later filed a motion to withdraw its appeal. The Environmental Appeals Board granted the request and dismissed NPDES Appeal No. 10-17 with prejudice. The order does not state a penalty.

Decision snapshot

• Cited authorities: None stated in the release
• Outcome: The appeal was withdrawn and dismissed with prejudice.
• Key point: The Board ended the permit appeal after granting the petitioner's request to withdraw it.

Full text (EPA EAB public release)

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

Permit No. MA-0003697

                                         )

In re: ) NOV 3 2011
)
Barnhardt Manufacturing ) NPDES Appeal No. 10-17 Company )
)

                 ORDER GRANTING MOTION TO WITHDRAW PETITION

On October 28, 2011, the petitioner in the above-captioned matter, Barnhardt Manufacturing Company ("Barnhardt"), filed a motion to withdraw NPDES Appeal No. 10-17, a petition seeking review of several permit conditions of a National Pollutant Discharge

Elimination System ("NPDES") permit issued by U.S. EPA Region 1.

The Environmental Appeals Board hereby grants Barnhardt's request to withdraw

NPDES Appeal No. 10-17, and dismisses with prejudice the appeal in its entirety.

So ordered.

ENVIRONMENTAL APPEALS BOARD
Dated: November 3, 2011 By: [signature]
Anna L. Wolgast
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Motion to Withdraw Petition in the matter of Barnhardt Manufacturing Company, NPDES Appeal No. 10-17, were sent to the following persons in the manner indicated:

By Pouch Mail and FAX:

Ronald A. Fein

Assistant Regional Counsel

U.S. Environmental Protection Agency, Region 1

5 Post Office Square, Suite 100 (Mailcode ORA18-1)
Boston, MA 02109-3912

Fax: 617-918-0040

By First Class Mail Certified Mail/Return Receipt Requested and FAX:

Peter J. Feuerbach, Esq.
Rubin and Rudman LLP
50 Rowes Wharf
Boston, MA 02110

Fax: (617) 330-7550

Dated: November 3, 2011

[signature]
Annette Duncan
Secretary