This case arises from an administrative complaint filed by the U.S. EPA Region 9 (“Region” or “Complainant”) against Mr. Frank Alo (“Respondent”) for alleged violations of section 301(a) of the Clean Water Act (“CWA”), 33 U.S.C. § 1311(a). The case involves the alleged discharge of fill material into waters of the United States without authorization under CWA section 404, 33 U.S.C. § 1344.

The City of Keene, New Hampshire, (“City”) petitions the Environmental Appeals Board (“Board”) to review a Clean Water Act (“CWA” or “Act”) National Pollutant Discharge Elimination System (“NPDES”) permit (“Final Permit”) issued by the United States Environmental Protection Agency Region 1 (“Region”). The Final Permit authorizes the City to discharge effluent from the Keene Wastewater Treatment Plant, a publicly owned treatment works, to the Ashuelot River in Swanzey, New Hampshire.

This matter involves two petitions for review of a National Pollutant Discharge Elimination System permit that the Environmental Protection Agency, Region 4, issued to Ocean Era, Inc. pursuant to the Clean Water Act. The permit authorizes discharges from a pilot-scale offshore marine aquaculture facility, referred to as the Velella Epsilon Project, into the Gulf of Mexico.