Town of Marion Wastewater Treatment Plant (Board decision, October 26, 2017)

Plain-English summary

The Buzzards Bay Coalition and the Town of Marion each filed a petition for review concerning the NPDES permit for the Town of Marion Wastewater Treatment Plant. Both petitioners moved to dismiss their petitions after the parties reached an agreement to resolve the dispute. The Town of Marion and EPA Region 1 also executed an Administrative Order on Consent. The Environmental Appeals Board dismissed both petitions.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: NPDES Appeal Nos. 17-01 and 17-02 were dismissed after the parties reached an agreement.
• Key point: The EAB may dismiss permit-review petitions when the parties report that an agreement and Administrative Order on Consent resolve the dispute.

Full text (EPA EAB public release)

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

In re: )
)
Town of Marion, Wastewater Treatment ) NPDES Appeal Nos. 17-01 & 17-02 Plant )
)
Permit No. MA0100030 )

             ORDER DISMISSING PETITIONS FOR REVIEW

On October 25, 2017, Petitioner Buzzards Bay Coalition (NPDES Appeal No. 17-01) and Petitioner Town of Marion (NPDES Appeal No. 17-02) (collectively, "Petitioners") filed motions to dismiss their respective petitions for review. See Buzzards Bay Coalition's Motion to Withdraw Its Petition and Dismiss Its Appeal; [Town of Marion's] Motion for Voluntary Dismissal of Petition. In support of their motions, Petitioners state that the parties have reached an agreement to resolve their dispute and that the Town of Marion and the Environmental Protection Agency, Region 1, have executed an Administrative Order on Consent.

In light of the foregoing, the Environmental Appeals Board dismisses the petitions for review.

So ordered.¹

                                                   ENVIRONMENTAL APPEALS BOARD

Dated: October 26, 2017 By: Aaron P. Avila
Aaron P. Avila
Environmental Appeals Judge

¹ The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

                     CERTIFICATE OF SERVICE

I certify that copies of the foregoing Order Dismissing Petitions for Review in the matter of Town of Marion, Wastewater Treatment Plant, NPDES Appeal Nos. 17-01 & 17-02, were sent to the following persons in the manner indicated:

By First Class Mail:

Michael Leon, Esq.
Counsel for the Town of Marion
Nutter McClennen & Fish, LLP
Seaport West 155 Seaport Boulevard
Boston, MA 02210
[email protected]

Mark A. Chertok, Esq.
Counsel for Buzzards Bay Coalition
Sive, Paget & Reisel, P.C.
560 Lexington Ave., 15th floor
New York, NY 10022
[email protected]

By EPA Pouch Mail:

Michael Curley, Esq.
Assistant Regional Counsel EPA Region 1
U.S. Environmental Protection Agency
5 Post Office Square Boston, MA 02109
[email protected]

Dated: OCT 26 2017
Annette Duncan
Administrative Specialist