Buckley Air Force Base Municipal Storm Sewer System (Board decision, December 19, 2014)

Plain-English summary

The United States Department of the Air Force petitioned for review of an NPDES permit for the Buckley Air Force Base municipal storm sewer system. The Air Force later moved to dismiss the petition with prejudice, reporting that the parties had resolved all outstanding issues through the EAB's Alternative Dispute Resolution process. The Board granted the dismissal with prejudice. The permit appeal was therefore closed without a merits ruling on the permit conditions.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The petition for review was dismissed with prejudice after ADR resolved the outstanding issues.
• Key point: The EAB may close a permit appeal with prejudice after the parties resolve the issues through its Alternative Dispute Resolution process.

Full text (EPA EAB public release)

F I L E D
DECEMBER 19, 2014
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

Buckley Air Force Base
Municipal Storm Sewer System ) NPDES Appeal No. 13-07
)
NPDES Permit No. CO-R042003 )

                     ORDER DISMISSING PETITION FOR REVIEW


     On December 17, 2014, the petitioner in the above-captioned matter, the United States

Department of the Air Force ("Air Force"), moved for dismissal with prejudice of its petition for

review filed with the Environmental Appeals Board ("EAB"). Motion to Dismiss Petition for

Review with Prejudice (Dec. 17, 2014) ("Motion"). The Air Force states that the parties have

"resolved all outstanding issues raised in the petition through the EAB's Alternative Dispute

Resolution process." Motion at 1.

     Under these circumstances, the above-captioned petition for review is hereby dismissed

with prejudice.

     So ordered. 1

Dated: DECEMBER 19, 2014
[signature]
Randolph L. Hill
Environmental Appeals Judge

     1
     The panel deciding this matter is comprised of Environmental Appeals Judges Randolph
     L. Hill and Kathie A. Stein. See 40 C.F.R. § 1.25(e)(1).


                                            2

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

matter of Buckley Air Force Base, Municipal Separate Storm Sewer System, NPDES Appeal No.
13-07, were sent to the following persons in the manner indicated:

First Class Mail:
Rebecca Hammer
Natural Resources Defense Council
1152 15th Street, NW, Suite 300
Washington, DC 20005

Caitlin Peale
Conservation Law Foundation
62 Summer Street
Boston, MA 02110

Certified Mail Return Receipt Requested:
Jerald C. Thompson
Kent I. Scott-Smith
AFLOA/JACE
1500 West Perimeter Rd., Suite 1500
Joint Base Andrews, MD 20762
Fax. No. (240) 612-4359

Inter-Office Mail:
Sylvia Horwitz
EPA, Office of General Counsel
MC-2355A

Pouch Mail and Facsimile:
Everett Yolk
Associate Regional Counsel
U.S. EPA Region 8
1595 Wynkoop St.
Denver, CO 80202-2466
Fax. No. (303) 312-6859

Dated: DECEMBER 19, 2014
[signature]
Annette Duncan
Secretary