South Essex Sewerage District (Board decision, July 15, 2026)

Plain-English summary

South Essex Sewerage District petitioned for review of an NPDES permit issued by EPA Region 1. The Board stayed the proceedings while the parties explored settlement, and the parties then reached an agreement. After Region 1 issued a draft permit modification and satisfied its obligations under the settlement, South Essex asked to dismiss the petition. The Board granted that motion and dismissed the appeal without deciding the permit's merits.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k)
• Outcome: The petition for review was dismissed after the parties reached a settlement.
• Key point: An EAB permit appeal may end procedurally when the petitioner moves to dismiss after a settlement and related agency obligations are addressed.

Full text (EPA EAB public release)

                                                                          F I L E D
                                                                              Jul 15, 2026
                                                                         Clerk, Environmental Appeals Board
                  ENVIRONMENTAL APPEALS BOARD   INITIALS ________________________

         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.


                                             )
                                             )

In re South Essex Sewerage District ) NPDES Appeal No. 26-03
)
NPDES Permit No. MA0100501
)
)

                    ORDER GRANTING PETITIONER’S MOTION
                     AND DISMISSING PETITION FOR REVIEW



                                   Decided July 15, 2026




   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.

   Order of the Board by Judge Avila:

   The South Essex Sewerage District (“SESD”) petitioned the Environmental Appeals

Board to review a National Pollutant Discharge Elimination System permit issued by U.S. EPA

Region 1 to SESD. Shortly afterward, the Board granted a request for a stay of the proceedings

in this matter so that the parties could explore the possibility of a negotiated settlement. Order

Granting Stay of Proceedings and Directing Status Report (Jan. 29, 2026); see Order Extending

Stay of Proceedings and Directing Status Report (Mar. 23, 2026); Second Order Extending Stay

of Proceedings and Directing Status Report (May 5, 2026). The parties reached a settlement

agreement, and SESD has now filed a motion to dismiss its petition for review under 40 C.F.R.

§ 124.19(k). South Essex Sewerage District’s Assented Motion to Dismiss at 1 (July 13, 2026)
(stating that Region 1 has “issued a draft permit modification for public notice and satisfied [its]

obligations under the settlement agreement” and that SESD’s request to dismiss the petition for

review is consistent with the terms of the settlement agreement). Based on the representations in

the motion, the Board GRANTS SESD’s motion and the petition for review in the above-

captioned matter is hereby DISMISSED.

   So ordered.




                                            -2-

CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Granting Petitioner’s Motion

and Dismissing Petition for Review in the matter of South Essex Sewerage District, NPDES
Appeal No. 26-03, were sent to the following persons on July 15, 2026, in the manner indicated:

By E-mail:

Erin Flannery-Keith Matthew J. Connolly
U.S. Environmental Protection Agency Nutter, McClennen & Fish, LLP
Office of Regional Counsel, Region 1 [email protected]
[email protected]

Alison Newman Matthew Snell
U.S. Environmental Protection Agency Nutter, McClennen & Fish, LLP
Office of Regional Counsel, Region 1 [email protected]
[email protected]

Pooja Parikh
U.S. Environmental Protection Agency
Office of General Counsel
[email protected]

                                                                       Digitally signed by
                                                                       TOMMIE MADISON
                                                                       Date: 2026.07.15
                                                                       12:15:25 -04'00'
                                                             Tommie Madison
                                                             Clerk of the Board