City of Nashua Wastewater Treatment Facility (Board decision, February 18, 2016)

Plain-English summary

The City of Nashua, New Hampshire, sought review of conditions in an NPDES permit authorizing discharges from its Wastewater Treatment Facility and nine Combined Sewer Overflows into the Merrimack and Nashua Rivers. EPA Region 1 later withdrew portions of the permit, and the parties entered settlement discussions while the Board stayed the appeal. The parties reported that they had reached a settlement and later agreed that a draft permit modification accurately reflected its terms. The City moved to withdraw its petition. The Board granted the motion and dismissed NPDES Appeal No. 15-06 with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The City withdrew its petition, and the NPDES appeal was dismissed with prejudice after settlement.
• Key point: A settled permit appeal may be withdrawn and dismissed with prejudice after the parties agree that a permit modification reflects their settlement terms.

Full text (EPA EAB public release)

                                                                              F I L E D
                                                                                  FEB 18 2016
                                                                             Clerk, Environmental Appeals Board
                   ENVIRONMENTAL APPEALS BOARD                              INITIALS [illegible]
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.


                                             )

In re: )
)
City of Nashua ) NPDES Appeal No. 15-06
)
NPDES Permit No. NH0100170 )
)

                          ORDER DISMISSING PETITION

      On April 13, 2015, the City of Nashua, New Hampshire (the “City”) filed a petition

seeking review of several conditions in a National Pollutant Discharge Elimination permit issued

by U.S. EPA Region 1 (the “Region”) that authorizes discharges from the City’s Wastewater

Treatment Facility and nine Combined Sewer Overflows in the Merrimack and Nashua Rivers.

Subsequent to the City’s request for review, the Region withdrew portions of the permit,

rendering moot some of the challenges raised in the petition and the parties began settlement

discussions. The Board granted various requests by the parties to stay this matter to allow time to

fully engage in settlement discussions, and required periodic status reports. On October 9, 2015,

the parties informed the Board that they had arrived at a settlement that resolved the petition in

its entirety, but needed additional time to implement the settlement through a permit

modification process. The parties represented that they would file a motion to dismiss the

petition when they agreed that the draft permit accurately reflected the settlement terms. The

Board extended the stay until February 16, 2016.
 On February 17, 2016, the parties filed a joint motion requesting that the Board grant

leave to withdraw the petition and dismiss the petition in its entirety.1 The parties explain that

they agree that the draft permit modification accurately reflects the settlement terms, and the City

moves to withdraw its petition.

    Upon consideration the Board grants the City’s motion to withdraw its petition, and

DISMISSES NPDES Appeal No. 15-06 with prejudice.2

    So ordered.

Date: 2/18/2016 Mary Kay Lynch
Environmental Appeals Judge

1
The Board expects motions to be timely filed and advises the parties to do so in future
appearances before the Board or seek leave for an extension of time.

2
The three-member panel deciding this matter is composed of Environmental Appeals Judges
Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward. 40 C.F.R. § 1.25(e)(1).

                                               2

CERTIFICATE OF SERVICE

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

City of Nashua Wastewater Treatment Facility, NPDES Appeal No. 15-06, were sent to the
following persons in the manner indicated:

First Class Mail: Sherilyn Burnett Young, Esq.
Marcia A. Brown, Esq.
Rath, Young and Pignatelli, P.C.
One Capital Plaza
Concord, NH 03302-1500
Tel. (603) 226-2600
Fax. (603) 226-2700

By Pouch Mail: Samir Bukhari, Esq.
Michael Curley, Esq.
Office of Regional Counsel
5 Post Office Square,
Mailcode: ORA18-1
Boston, MA 02109-3912
Tel: (617) 918-1095
Fax: (617) 918-0095

Dated: FEB 18 2016 Annette Duncan
Secretary