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In re Town of Concord, Department of Public Works

08/28/2014
Case Number:NPDES Appeal No. 13-08
ELR Citation:47 ELR 41378

The Town of Concord, Massachusetts (“Concord”), petitions the Environmental Appeals Board (“Board”) to review a National Pollutant Discharge Elimination System (“NPDES”) permit that authorizes discharges from the Concord Wastewater Treatment Plant to the Concord River. The United States Environmental Protection Agency, Region 1 (“Region”), issued the permit on August 1, 2013, pursuant to Clean Water Act section 402, 33 U.S.C. § 1342. Concord challenges, on various procedural and substantive grounds, five of the permit’s components, including effluent limitations for aluminum, pH, and wastewater flow, a quarterly monitoring requirement for di(2- ethylhexyl) phthalate (“DEHP”), and sewage collection system mapping, operations/maintenance planning, and reporting requirements.

Held: The Board remands the aluminum and pH limits to the Region for further explanation and denies review of all other issues.