Joint Base Lewis-McChord Municipal Separate Storm Sewer System (Board decision, December 19, 2014)

Plain-English summary

The United States Department of the Army petitioned for review of an NPDES permit for the Joint Base Lewis-McChord municipal separate storm sewer system. The Army later moved to dismiss the petition with prejudice, reporting that the parties had reached a settlement agreement resolving the issues raised in the petition. The Board dismissed the petition 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 settlement.
• Key point: The EAB may close a permit appeal with prejudice after the parties resolve the issues through a settlement agreement.

Full text (EPA EAB public release)

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

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

                                          )

In re:

Joint Base Lewis-McChord
Municipal Separate Storm Sewer System ) NPDES Appeal No. 13-09
)
NPDES Permit No. WAS-026638 )
)

                     ORDER DISMISSING PETITION FOR REVIEW


     On December 15, 2014, the petitioner in the above-captioned matter, the United States

Department of the Army ("Army"), moved for dismissal with prejudice of its petition for review

filed with the Environmental Appeals Board. Motion to Dismiss (Dec. 15, 2014) ("Motion").

The Army states that the parties have reached a settlement agreement resolving the issues raised

in the petition. Motion at 1.

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

with prejudice.

     So ordered. 1


                                                 ENVIRONMENTAL APPEALS BOARD

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).

CERTIFICATE OF SERVICE

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

matter of Joint Base Lewis-McChord Municipal Separate Storm Sewer System, NPDES Appeal
No. 13-09, were sent to the following persons in the manner indicated:

By Certified Mail Return Receipt Requested:

Tiffany D. Pond
9275 Gunston Road, Suite 4304
Fort Belvoir, VA 22060

By First Class U.S. Mail:

Ronald L. Lavigne Jeffrey S. Longsworth
Christopher H. Reitz Barnes & Thornburg, LLP
State of Washington Department of Ecology 1717 Pennsylvania Ave., NW Suite 500
P.O. Box 40117 Washington, DC 20006
Olympia, WA 98504-0117

Kari L. Hadley Jan Hasselman
Rona Parsons Janette K. Brimmer
Department of the Army Earthjustice
9275 Gunston Road, Suite 4301 705 Second Avenue, Suite 203
Fort Belvoir, VA 22060 Seattle, WA 98104

By EPA Pouch Mail:

Courtney Weber
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 10
1200 Sixth Avenue, Suite 900, ORC-158
Seattle, WA 98101

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