Town of Fairhaven (Board decision, May 8, 2018)

Plain-English summary

The Town of Fairhaven, Massachusetts, asked the Environmental Appeals Board to dismiss its challenge to NPDES Permit No. MA0100765. The Town reported that it had reached a settlement with EPA Region 1 and that the parties had executed an Administrative Order on Consent. The Board granted the motion and dismissed the Town's petition and appeal under 40 C.F.R. § 124.19(k). The order does not state a penalty or describe additional permit terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k) and § 1.25(e)(1)
• Outcome: The Town's petition for review and appeal were dismissed after settlement.
• Key point: The EAB may dismiss an NPDES permit appeal when the petitioner requests voluntary dismissal after reaching a settlement with EPA.

Full text (EPA EAB public release)

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

In re:

Town of Fairhaven NPDES Appeal No. 17-08

NPDES Permit No. MA0100765

ORDER DISMISSING PETITION FOR REVIEW

On May 4, 2018, the Town of Fairhaven, Massachusetts, filed a motion for voluntary dismissal of its petition for review of NPDES Permit No. MA0100765, which Region 1 of the U.S. Environmental Protection Agency issued to the Town last September. The Town reports that it has reached a settlement agreement with the Region and the parties have executed an Administrative Order on Consent. Pursuant to 40 C.F.R. § 124.19(k), the Town requests that the Environmental Appeals Board dismiss its petition for review.

Based on the foregoing, the Board GRANTS the Town's motion. The Board dismisses the Town's petition and appeal.

So ordered.¹

ENVIRONMENTAL APPEALS BOARD

Dated: MAY - 8 2018

By: ________
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 Kathie A. Stein. See 40 C.F.R. § 1.25(e)(1).

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Town of Fairhaven, NPDES Appeal No. 17-08, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

William E. Taylor, Esq.
Brian M. Rayback, Esq.
Pierce Atwood LLP
254 Commercial Street
Portland, Maine 04101
E-mail: [email protected]

By EPA Pouch Mail:

Michael Curley
Assistant Regional Counsel
U.S. Environmental Protection Agency
5 Post Office Square, Suite 100
Mail Code: ORC 04-6
Boston, Massachusetts 02109-3912
E-mail: [email protected]

Dated: 5/8/2018

Eurika Durr
Clerk of the Board