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

Plain-English summary

The Town of Marion and Buzzards Bay Coalition filed petitions for review concerning the Town of Marion wastewater treatment plant and Permit No. MA0100030. Both petitioners moved to dismiss their appeals 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: The order resolves petitions concerning NPDES Permit No. MA0100030.
• Outcome: The petitions for review were dismissed.
• Key point: The Board dismissed the petitions after the parties reached an agreement and executed an Administrative Order on Consent.

Full text (EPA EAB public release)

F I L E D

OCT 26 2017

Clerk, Environmental Appeals Board

INITIALS [illegible]

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

In re:

Town of Marion, Wastewater Treatment
Plant

Permit No. MA0100030

NPDES Appeal Nos. 17-01 & 17-02

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

OCT 26 2017

Dated:

ENVIRONMENTAL APPEALS BOARD

By: [signature]

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

[signature]

Annette Duncan
Administrative Specialist