Barnhardt Manufacturing Co. (Board decision, January 5, 2018)

Plain-English summary

Barnhardt Manufacturing Company sought review of conditions in an NPDES permit issued by EPA Region 1. The permit covered treated process water discharges from Barnhardt's facility in Colrain, Massachusetts, to the North River and Deerfield River Watershed. The parties jointly pursued settlement negotiations and agreed on draft permit-modification terms addressing the petition's issues. Barnhardt withdrew its petition, and the Board dismissed the appeal with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: NPDES Appeal No. 17-07 was dismissed with prejudice after the parties reached an agreement on draft permit modifications.
• Key point: A settled permit appeal may be withdrawn by the permittee and dismissed with prejudice when the agreed draft modifications address the issues raised.

Full text (EPA EAB public release)

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

In re: )
)
) NPDES Appeal No. 17-07
Barnhardt Manufacturing Co. )
)
NPDES Permit No. MA0003697 )

                     ORDER DISMISSING PETITION

Barnhardt Manufacturing Company ("Barnhardt") filed a petition before the Environmental Appeals Board ("Board") seeking review of several conditions in a National Pollutant Discharge Elimination System permit issued by U.S. EPA Region 1 ("Region"). The permit authorizes Barnhardt to discharge treated process water from its facility located in Colrain, Massachusetts into the North River and the Deerfield River Watershed. Shortly after the petition was filed, the parties filed a joint motion requesting a stay of the proceedings in this matter to allow the parties to undertake settlement negotiations. The Board granted the request so that those discussions could take place and directed the parties to submit periodic status reports regarding progress toward settlement.

The parties have now informed the Board that they have settled their differences over the petition. Specifically, the parties represent that they have agreed on Draft Permit Modification terms that address the issues raised in the petition, and that the Region has agreed to publish the Draft Permit Modification for public notice and comment following withdrawal and dismissal of the petition. In light of this agreement, the Permittee requests to withdraw its petition, and the parties jointly request that the Board dismiss the petition in its entirety, with prejudice.

In light of the foregoing, the Board DISMISSES NPDES Appeal No. 17-07 with prejudice.

So ordered.¹

                                                   ENVIRONMENTAL APPEALS BOARD

Dated: January 5, 2018 By: Mary Beth Ward
Mary Beth Ward
Environmental Appeals Judge

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

                     CERTIFICATE OF SERVICE

I certify that copies of the foregoing Order Dismissing Petition in the matter of Barnhardt Manufacturing Co., NPDES Appeal No. 17-07, were sent to the following persons in the manner indicated:

By First Class Mail/Return Receipt Requested:

Gregory R. Morand
Omni Environmental Group
6 Lancaster County Road
Harvard, MA 01451
Tel: (978) 256-6766
[email protected]

Michael Gorski, Regional Director
Massachusetts Department of Environmental Protection
Western Regional Office
436 Dwight Street
Springfield, Massachusetts, 01103
Tel: (413) 755-2213
[email protected]

By Pouch Mail:

Joshua Secunda, Esq.
US Environmental Protection Agency
Office of Regional Counsel, Region I
5 Post Office Square - Suite 100
Mail Code: OES-04-01
Boston, MA 02109-3912
Tel: (617) 918-1736
[email protected]

Dated: JAN 5 2018
Eurika Durr
Clerk of the Board