District of Columbia Municipal Separate Storm Sewer System (MS4) (Board decision, November 16, 2012)

Plain-English summary

Friends of the Earth, Anacostia Riverkeeper, Inc., Potomac Riverkeeper, Inc., and Natural Resources Defense Council sought review of the District of Columbia municipal separate storm sewer system permit. They moved to dismiss their petition after reaching a settlement with EPA Region 3 and reported that the Region had completed the actions required within 180 days of the agreement. The Environmental Appeals Board dismissed the petition for review with prejudice. The order does not describe the settlement terms or impose a penalty.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The petition for review was dismissed with prejudice after the petitioners reported completion of the Region's settlement obligations.
• Key point: Completion of obligations under a settlement agreement supported dismissal with prejudice of the permit petition.

Full text (EPA EAB public release)

                   ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION
                          WASHINGTON, D.C.
                                                                            NOV 16 2012
                                                                            Clerk, Environmental Appeals Board

In re: ) INITIALS
)
Government of the District of Columbia, )
Municipal Separate Storm Sewer System )
) NPDES Appeal No. 11-06
NPDES Permit No. DC 0000221 )

                   ORDER DISMISSING PETITION FOR REVIEW

     On November 15, 2012, petitioners Friends of the Earth, Anacostia Riverkeeper, Inc.,

Potomac Riverkeeper, Inc., and Natural Resources Defense Council moved for dismissal with

prejudice of its petition for review in the above-captioned matter. Petitioners' Motion to Dismiss

with Prejudice (Nov. 15, 2012). Petitioners state that they have entered into a settlement

agreement, dated May 18, 2012, with Region 3 of the U.S. Environmental Protection Agency

("Region"), and that both Petitioners and the Region consider the agreement "to be a just, fair,

and equitable resolution of the claims raised" in the petition for review. Id. The Settlement

Agreement required the Region to take certain actions within 180 days of the date of the

Agreement, which Petitioners aver the Region has completed. Petitioners now request that the

Environmental Appeals Board ("Board") dismiss their petition with prejudice pursuant to the

Region's fulfillment of its obligations under the Settlement Agreement.

     Upon consideration, the Board hereby dismisses the petition for review in the above-

captioned matter with prejudice.

     So ordered.

Dated: [illegible]
Catherine R. McCabe
Environmental Appeals Judge

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

matter of Government of the District of Columbia, Municipal Separate Storm Sewer System,
NPDES Appeal No. 11-06, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

Jennifer C. Chavez Amy E. McDonnell
Earthjustice Alan Barak
1625 Massachusetts Avenue, N.W. Office of the Attorney General
Suite 702 District Department of the Environment
Washington, D.C. 20036 1200 First Street NE, Seventh Floor
Washington, DC 20002
Rebecca J. Hammer
Natural Resources Defense Council
1152 15th Street, N.W.
Suite 300
Washington, D.C. 20005

Irvin B. Nathan
Attorney General for the District of Columbia
441 4th Street, N. W.
Washington, D.C. 20001

Ellen Efros
Assistant Deputy Attorney General
Civil Litigation Division
441 4th Street, N.W., Suite 600 South
Washington, D.C. 20001

By EPA Pouch Mail:

Kelly A. Gable
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 3
1650 Arch Street (3RC20)
Philadelphia, Pennsylvania 19103-2029

Date: [illegible] [signature]
Annette Duncan
Secretary