City of Rochester, New Hampshire (Board decision, March 29, 2024)

Plain-English summary

The City of Rochester, New Hampshire, petitioned the Environmental Appeals Board to review its NPDES permit, which was identified as Permit No. NH0100668. On March 28, 2024, the City filed a notice withdrawing its petition. The City stated that the parties had executed an agreement for an Administrative Order on Consent addressing the total phosphorus limit and a schedule for upgrades at the City's wastewater treatment facility. The Board dismissed the petition based on the filing and the representations it contained.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19
• Outcome: The petition was dismissed after the City withdrew it while the parties pursued an Administrative Order on Consent.
• Key point: An EAB permit appeal may be dismissed when the petitioner withdraws it in connection with an agreement resolving the contested issues.

Full text (EPA EAB public release)

                                                                             F I L E D
                                                                                 Mar 29, 2024
                                                                            Clerk, Environmental Appeals Board
                                                                            INITIALS ________________________
                  ENVIRONMENTAL APPEALS BOARD
         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.

                                               )
                                               )

In re City of Rochester, New Hampshire ) NPDES Appeal No. 23-01
)
NPDES Permit No. NH0100668
)
)

                    ORDER DISMISSING PETITION FOR REVIEW

    On March 28, 2024, the City of Rochester, New Hampshire, filed a notice withdrawing

its petition for review in this matter. In support of its filing, the City states that the parties have

executed an agreement for an Administrative Order on Consent that will resolve the contested

issues in the appeal, “specifically the total phosphorus limit and a schedule for implementation of

necessary upgrades at the City’s wastewater treatment facility.” City of Rochester Notice of

Withdrawal of Petition for Review at 2 (March 28, 2024). The City further states that its notice

is consistent with the terms of a July 21, 2023 agreement between the parties to engage in

continued settlement negotiations towards resolution of outstanding issues. Id. at 1-2.

    In light of the City’s filing and the representations contained therein, the Environmental

Appeals Board dismisses the City’s petition for review.

    So ordered. 1

                                                     ENVIRONMENTAL APPEALS BOARD

Dated: March 29, 2024 By: ________
Aaron P. Avila
Environmental Appeals Judge

    1
    The two-member panel deciding this matter is composed of Environmental Appeals

Judges Aaron P. Avila and Wendy L. Blake.
CERTIFICATE OF SERVICE

    I certify that copies of the foregoing Order Dismissing Petition for Review in the matter

of City of Rochester, New Hampshire, NPDES Appeal No. 23-01, were sent to the following
persons in the manner indicated:

By Email:

For: City of Rochester
Sherilyn Burnett Young
James J. Steinkrauss
Craig Thomas McMahon
Rath, Young and Pignatelli, P.C.
One Capital Plaza
Concord, New Hampshire 03302-1500
Tel. (603) 226-2600
[email protected]
[email protected]
[email protected]

For: EPA Region 1
Michael Knapp
Senior Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 1
5 Post Office Square, Suite 100
Mail Code: 4-02
Boston, Massachusetts 02109
Tel. (617) 918-1053
[email protected]

Dated: ____
Mar 29, 2024 ______
Emilio Cortes
Clerk of the Board