Bridgewater Wastewater Treatment Plant (Board decision, April 7, 2017)

Plain-English summary

The Town of Bridgewater, Massachusetts, asked the Environmental Appeals Board to dismiss its petition challenging NPDES Permit No. MA0100641. The Town reported that the parties had reached a settlement and filed a motion for voluntary dismissal on April 5, 2017. The Board granted the motion under 40 C.F.R. § 124.19(k) and dismissed the petition. The Board noted that any later agency action associated with the permit remains subject to applicable permitting regulations.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The Town’s motion was granted, and the petition for review was dismissed.
• Key point: A petitioner may voluntarily dismiss a permit appeal after reporting a settlement, while later permit action remains subject to applicable regulations.

Full text (EPA EAB public release)

F I L E D
APR 7 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Bridgewater Wastewater Treatment Plant

NPDES Permit No. MA0100641

NPDES Appeal No. 16-01

ORDER GRANTING PETITIONER’S MOTION AND
DISMISSING PETITION FOR REVIEW

On April 5, 2017, the Town of Bridgewater, Massachusetts (“Town”) filed a motion for voluntary dismissal of its Petition for Review of NPDES Permit No. MA0100641, issued by the U.S. Environmental Protection Agency, Region 1. The Town reports that the parties have reached a settlement, and the Town requests that the Environmental Appeals Board (“Board”) dismiss its Petition for Review. The Board notes that any agency action associated with the permit that the Region may take must be done in accordance with, and is subject to, applicable permitting regulations.

The Board GRANTS the Town’s motion filed pursuant to 40 C.F.R. § 124.19(k), and the Town’s Petition for Review is DISMISSED.

So ordered.

ENVIRONMENTAL APPEALS BOARD¹

Dated: APR - 7 2017

By: Aaron P. Avila
Aaron P. Avila
Environmental Appeals Judge

¹ The panel deciding this matter is comprised of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Bridgewater Wastewater Treatment Plant, NPDES Appeal No. 16-01, were sent to the following persons in the manner indicated:

By First Class U.S. Mail and Electronic Mail:

Bernice I. Corman, Esq.
Rubin and Rudman, LLP
800 Connecticut Ave. NW
Suite 400
Washington, DC 20006
[email protected]

Mark C. Gildea, Esq.
Clark, Balboni & Gildea
72 Main Street
Bridgewater, Massachusetts 02324
[email protected]

Susannah King
Massachusetts Wastewater Management Program
DEP-Commonwealth of Massachusetts
One Winter Street
Boston, Massachusetts 02108
[email protected]

By EPA Pouch Mail and Electronic Mail:

Samir Bukhari, Esq.
U.S. Environmental Protection Agency, Region 1
Office of Regional Counsel
5 Post Office Square – Suite 100
Mail Code ORA 18-1
Boston, Massachusetts 02109-3912
[email protected]

Dated: APR - 7 2017

Annette Duncan
Administrative Specialist