Greater Lawrence Sanitary District (Board decision, April 7, 2020)

Plain-English summary

Greater Lawrence Sanitary District petitioned the Environmental Appeals Board to review an NPDES permit issued by EPA Region 1 for discharges from its wastewater treatment facility to the Merrimack River in Massachusetts. The Board stayed the matter while the parties pursued settlement discussions. The District then moved to dismiss the petition, and the Region assented. The Board granted the motion and dismissed the petition. The order does not decide the permit issues on the merits or impose a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition for review was dismissed after the parties reported a negotiated resolution.
• Key point: An NPDES petitioner may dismiss an EAB appeal after negotiating a resolution with the permitting Region.

Full text (EPA EAB public release)

                                                                                  F I L E D
                                                                                            Apr 07 2020
                                                                                 Clerk, Environmental Appeals Board
                                                      INITIALS ________________________
                   ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.


                                             )

In re: )
) NPDES Appeal No. 19-05
Greater Lawrence Sanitary District )
)
NPDES Permit No. MA0100447 )
)

                 ORDER GRANTING PETITIONER’S MOTION AND
                     DISMISSING PETITION FOR REVIEW


      On October 25, 2019, Greater Lawrence Sanitary District (“GLSD”) petitioned the

Environmental Appeals Board (“Board”) to review the National Pollution Discharge Elimination

System permit U.S. EPA Region 1 (“Region”) issued to GLSD authorizing discharges from the

GLSD wastewater treatment facility to the Merrimack River in Massachusetts. At the request of

the parties, the Board stayed the matter through April 16, 2020, to provide the parties with an

opportunity to pursue a negotiated resolution of some or all issues in dispute. On April 6, 2020,

pursuant to 40 C.F.R. § 124.19(k), GLSD filed a motion to dismiss its petition for review.

GLSD represents that the Region assents to the motion.

      As grounds for dismissal, GLSD states that the parties have engaged in months-long

productive settlement discussions and have reached a negotiated resolution of GLSD’s petition.

Having considered GLSD’s motion and the representations therein, the Board GRANTS the

motion and DISMISSES GLSC’s Petition for Review.
 So ordered.

                                             ENVIRONMENTAL APPEALS BOARD 1

Dated: April 7, 2020 By: ________
Kathie A. Stein
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.

                                       -2-

CERTIFICATE OF SERVICE

    I certify that copies of the Order Granting Petitioner’s Motion and Dismissing Petition

for Review in the matter of Greater Lawrence Sanitary District, NPDES Appeal No. 19-05, were
sent to the following persons in the manner indicated:

By Email:

Matthew J. Connolly Samir Bukhari
Michael A. Leon Eve Vaudo
Matthew Snell John Kilborn
Valerie A. Moore Office of Regional Counsel
Nutter McClennen & Fish, LLP 5 Post Office Square, Suite 100
Seaport West MC: 04-6
155 Seaport Blvd. Boston, MA 02109-3912
Boston, MA Tel: (617) 918-1095
Email: [email protected] Fax: (617) 918-0095
[email protected] Email: [email protected]
[email protected] [email protected]
[email protected] [email protected]
Attorneys for Greater Lawrence Sanitary
District Attorneys for EPA Region 1

Courtesy Copy:
Steven Neugeboren
Office of General Counsel
USEPA Headquarters
William Jefferson Clinton Building
1200 Pennsylvania Avenue, N. W.
Mail Code: 2355A
Washington, DC 20460
Tel: 202-564-5488
Email: [email protected]
Associate General Counsel for EPA

Dated: Apr 07 2020 ________
Eurika Durr
Clerk of the Board