Palmer Wastewater Treatment Plant (Board decision, October 22, 1997)

Plain-English summary

The Puerto Rico Aqueduct and Sewer Authority asked the EAB to review EPA Region II's denial of a request to modify the NPDES permit for the Palmer Wastewater Treatment Plant. After considering the appeal and the Region's response, the Board declined review. The Board explained that the appeal would have been denied after 60 days even without an order, but issued this order as an explicit statement of its decision.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.5(b).
• Outcome: Review of the permit-modification denial was declined.
• Key point: The Board expressly declined review, confirming the denial rather than reopening the permit modification request.

Full text (EPA EAB public release)

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

In the Matter of:
Palmer Wastewater Treatment Plant ) NPDES Appeal No. 97-5

NPDES Permit No. PR0024538

ORDER

On September 5, 1997, the Puerto Rico Aqueduct and Sewer

Authority ("PRASA") filed an appeal under 40 C.F.R. § 124.5(b)
seeking the Board's review of U.S. EPA Region II's decision to
deny PRASA's request for a modification of the NPDES permit for
the Palmer Wastewater Treatment Plant. Upon consideration of

PRASA's appeal and the Region's response thereto, the Board
hereby declines to review the Region's denial of the permit
modification request.1

So Ordered.

ENVIRONMENTAL APPEALS BOARD

By: [illegible signature]
Kathie A. Stein
Environmental Appeals Judge

1Although 40 C.F.R. § 124.5(b) does not require that the Board issue an order declining review of the permit modification in this case, because under the regulation the appeal would be considered denied if the Board took no action within 60 days of receipt of the appeal, this order is an explicit indication of the Board's intentions.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order in the

matter of Palmer Wastewater Treatment Plant, NPDES Appeal No. 97-5,

were sent to the following persons in the manner indicated:

Certified Mail
Return Receipt Requested: Neil T. Proto Verner, Liipfert, Bernhard,
McPherson and Hand, Chtd.
901 Fifteenth Street, N.W.
Suite 700
Washington, D.C. 20005

Jorge Marrero-Narvaez, Esq.
Puerto Rico Aqueduct & Sewer
Authority
602 Barbosa Avenue, 5th Floor
Hato Rey, PR 00917

Phyllis S. Kaplan Feinmark
Assistant Regional Counsel
U.S. EPA Region II
290 Broadway, 16th Floor
New York, NY 10007-1866

Dated: OCT 23 1997
Mildred T. Johnson