Invensys Systems, Inc. (Board decision, April 21, 2016)

Plain-English summary

Invensys Systems, Inc. petitioned for review of NPDES Permit No. MA0004120, issued by EPA Region 1. The parties later settled their differences by agreeing to an administrative order requiring compliance with the permit. The Board granted their joint request and dismissed the appeal in its entirety with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The NPDES appeal was dismissed in its entirety with prejudice after settlement.
• Key point: A settlement that resolves a permit challenge through an administrative compliance order can support dismissal of the appeal.

Full text (EPA EAB public release)

F I L E D

APR 21 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Invensys Systems, Inc.

NPDES Appeal No. 15-10

NPDES Permit No. MA0004120

ORDER DISMISSING PETITION FOR REVIEW

On September 4, 2015, Invensys Systems, Inc. (“Invensys”) filed a petition for review

challenging a National Pollutant Discharge Elimination System permit (“Permit”) issued to it on

July 17, 2015, by Region 1 (“Region”) of the U.S. Environmental Protection Agency. The

parties subsequently requested and the Environmental Appeals Board (“Board”) issued several

orders staying proceedings in this appeal to allow the parties to discuss settlement.

On April 19, 2016, Invensys and the Region filed a joint motion to dismiss this appeal.

The parties report that they have settled their differences by agreeing on the terms of an

administrative order to comply with the Permit. The parties jointly seek dismissal of the appeal

in its entirety, with prejudice.

In light of the parties’ settlement of this appeal, the Board grants the parties’ request and

dismisses NPDES Appeal No. 15-10 in its entirety, with prejudice.

So ordered.

ENVIRONMENTAL APPEALS BOARD¹

Dated: 4/21/2016

By: [signature]
Mary Beth Ward
Environmental Appeals Judge

¹ The panel deciding this matter is comprised of Environmental Appeals Judges
Mary Kay Lynch, Kathie Stein, and Mary Beth Ward. 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 Invensys Systems, Inc., NPDES Appeal No. 15-10, were sent to the following
persons in the manner indicated:

By Facsimile and First Class U.S. Mail:

Seth D. Jaffe, Esq.
Jesse Harlan Alderman, Esq.
Foley Hoag LLP
Seaport World Trade Center West
155 Seaport Boulevard
Boston, Massachusetts 02210-2600
telephone: (617) 832-1000
facsimile: (617) 832-7000

By Facsimile and EPA Pouch Mail:

Paul Schwartz, Esq.
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 4
61 Forsyth Street, S.W.
Mail Code 9T25
Atlanta, Georgia 30303-8960
telephone: (404) 562-9576
facsimile: (404) 562-9486

Date: APR 21 2016

[signature]
Annette Duncan
Secretary