Town of Salisbury Sewer Commission (Board decision, January 14, 2016)

Plain-English summary

The Town of Salisbury Sewer Commission sought review of an NPDES permit matter. The Town moved to withdraw its petition and jointly asked the Board to dismiss the proceedings, explaining that the parties had settled their differences through an administrative order to comply with the Final Permit. The Environmental Appeals Board granted the motion and dismissed the appeal with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The NPDES appeal was dismissed with prejudice after the Town withdrew its petition following settlement.
• Key point: An administrative compliance order resolving the parties' differences supported dismissal of the permit appeal.

Full text (EPA EAB public release)

F I L E D

JAN 14 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Town of Salisbury Sewer Commission

NPDES Permit No. MA 0102873

NPDES Appeal No. 15-11

ORDER DISMISSING PETITION

On January 12, 2016, the Town of Salisbury Sewer Commission (the “Town”) filed a motion seeking to voluntarily withdraw its petition in the above-captioned matter and a joint motion to dismiss the proceedings. Town of Salisbury’s Motion for Leave to Withdraw the Petition and Joint Motion to Dismiss the Proceedings (Jan. 12, 2016). The motion explains that the parties “have settled their differences over the appeal by agreeing on the terms of an administrative order to comply with the Final Permit” and request that the Board “dismiss the Petition in its entirety, with prejudice.” Id. at 2.

For good cause shown, the Environmental Appeals Board grants the Town’s motion to withdraw its petition, and dismisses NPDES Appeal No. 15-11 with prejudice.

So ordered.¹

Date: 1/14/2016

[signature]
Kathie A. Stein
Judge, Environmental Appeals Board

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

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition in the matter of Town of Salisbury Sewer Commission, NPDES Appeal No. 15-11, were sent to the following persons in the manner indicated:

First Class Mail: Pierce Atwood LLP
100 Summer Street, Suite 2250
Boston, MA 02110
One Capital Plaza
Boston, MA 02110
Tel. (617) 488-8100
Fax. (617) 824-2020

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: JAN 14 2016

[signature]
Annette Duncan
Secretary