University of Massachusetts Boston (Board decision, July 24, 2013)

Plain-English summary

The University of Massachusetts Boston asked the Environmental Appeals Board to let it withdraw its petition challenging an NPDES permit. The university and EPA Region 1 agreed to settlement terms resolving the issues raised in the petition, and the Region assented to the withdrawal and dismissal. The Board dismissed the petition with prejudice. The order does not state the settlement terms or any monetary penalty.

Decision snapshot

• Cited authorities: The order cites no statute or regulation.
• Outcome: The petition for review was dismissed with prejudice after the parties reached settlement terms.
• Key point: The EAB dismissed the permit appeal when the petitioner and EPA Region 1 agreed to resolve the issues and jointly assented to dismissal.

Full text (EPA EAB public release)

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

In re:
University of Massachusetts Boston
Permit No. MA0040304

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JUL 24 2013

Clerk, Environmental Appeals Board
INITIALS

NPDES Appeal No. 13-04

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ORDER DISMISSING PETITION FOR REVIEW

By motion filed on July 16, 2013, the Petitioner in the above-captioned matter, the University of Massachusetts Boston ("UMass Boston"), seeks leave to withdraw its petition for review with the Environmental Appeals Board. See Request of Petitioner University of Massachusetts Boston for Leave to Withdraw Petition ("Motion"). The Motion states that UMass Boston and the United States Environmental Protection Agency, Region 1 ("Region") have agreed to the terms of a settlement resolving the issues raised in the petition and "requests leave to withdraw its petition and requests dismissal of its petition." Motion at 2. The Motion states further that the Region assents to this request. Id. Under these circumstances, the petition for review filed in the above-captioned matter is hereby dismissed with prejudice. So ordered. ENVIRONMENTAL APPEALS BOARD

By: [illegible signature]

Randolph L. Hill
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of University of Massachusetts Boston, NPDES Appeal No. 13-04, were sent to the following persons in the manner indicated: By Facsimile and First Class Mail:

Ralph A. Child
Colin G. Van Dyke
Mintz, Levin, Cohen, Ferris, Glovsky and Popeo, P.C.
One Financial Center
Boston, MA 02111
Fax: # (617) 542-2241

By Facsimile and Pouch Mail:

Michael Curley
Mark Stein (ORA 18-1)
U.S. EPA Region 1
5 Post Office Square, Suite 100
Boston, MA 02109-3912
Fax # (617) 918-0623

Dated:

JUL 2 4 2013

[illegible signature]
Secretary