Town of Uxbridge Wastewater Treatment Facility (Board decision, April 15, 2014)

Plain-English summary

The Town of Uxbridge Sewer Commission sought review of an NPDES permit for the Uxbridge Wastewater Treatment Facility in Massachusetts. Uxbridge told the Environmental Appeals Board that it and EPA Region 1 had executed settlement terms and asked to withdraw its petition. Region 1 agreed to the dismissal. The Board granted the motion and dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition for review was withdrawn and dismissed with prejudice.
• Key point: The EAB dismissed the settled permit appeal after the petitioner requested withdrawal and the Region assented.

Full text (EPA EAB public release)

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

                                            )

In re: )
)
Town of Uxbridge )
Wastewater Treatment Facility ) NPDES Appeal No. 13-06
)
Permit No. MA0102440 )
)
)
)

                   ORDER DISMISSING PETITION FOR REVIEW

     By Motion filed with the Board on April 10, 2014, the town of Uxbridge Sewer

Commission ("Uxbridge"), the petitioner in the above-captioned matter, seeks leave to

voluntarily withdraw its petition for review. See Request of Petitioner Town of Uxbridge Sewer

Commission for Leave to Withdraw Petition ("Motion"). The Motion states that Uxbridge and

the United States Environmental Protection Agency, Region 1 ("Region"), have "agreed to the

terms of a settlement which has been executed by both parties." Motion at 1. Uxbridge

therefore "requests leave to withdraw its petition and requests dismissal of its petition." Id. at 2;

see 40 C.F.R. § 124.19(k) (Petitioner request for dismissal of petition). The Motion states that

the Region assents to the dismissal. Id.

     For good cause shown, the Board grants Uxbridge's Motion to withdraw its appeal and

hereby DISMISSES WITH PREJUDICE the Petition, NPDES Appeal No. 13-06, in its entirety.

     So ordered.

                                                  ENVIRONMENTAL APPEALS BOARD

Dated: April 15, 2014
By: ________
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 Town of Uxbridge Wastewater Treatment Facility, NPDES Appeal No. 13-06, were
sent to the following persons in the manner indicated:

By Certified Mail and Facsimile:

John F. Shea
Mackie Shea O'Brien, P.C.
420 Boylston Street, 5th Floor
Boston, MA 02116
Fax. # (617) 266-5237

By Facsimile and Pouch Mail:

Michael Curley (MC: ORA18-1)
Office of Regional Counsel
U.S. EPA Region 1
5 Post Office Square, Suite 100
Boston, MA 02109-3912
Fax # (617) 918-0623

Dated: APR 15 2014

                                                              Annette Duncan
                                                              Secretary