On January 13, 2016, Polo Development, Inc., AIM Georgia, LLC, and Mr.Joseph Zdrilich (“Respondents”) filed a motion seeking to submit an out-of-time appeal of an Initial Decision and Order issued against them on December 1, 2015. Respondents claim that “special circumstances” justify an extension of time in this case.

The Massachusetts towns of Franklin, Medway, Millis, and Bellingham (“Towns”) own and operate satellite sewer collection systems that convey wastewater to a wastewater treatment plant (“WWTP”) for treatment and discharge into waters of the United States. The Charles River Pollution Control District (“Charles River”) owns the WWTP, which is part of a publicly owned treatment works. Charles River was the only entity that applied to the U.S.

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.

Idaho Conservation League (“ICL”) petitioned the Environmental Appeals Board (“Board”) to review certain effluent limitations in a National Pollutant Discharge Elimination System permit issued to the City of Homedale, Idaho, authorizing discharges from its wastewater treatment plant to the Snake River. The U.S. Environmental Protection Agency, Region 10, issued the permit on August 28, 2013, pursuant to Clean Water Act § 402, 33 U.S.C. § 1342.