This matter is before the Environmental Appeals Board (“Board”) on appeal by USGen New England, Inc. (“USGen” or “Petitioner”) from a final National Pollutant Discharge Elimination System permit decision issued under the Clean Water Act (“CWA” or “Act”), 33 U.S.C. §§ 1251-1387, by Region I (“Region”) of the United States Environmental Protection Agency (“EPA” or “Agency”). The Region issued the permit decision, NPDES Permit No. MA 0003654, on October 6, 2003, for USGen’s power plant at Brayton Point Station in Massachusetts.

This proceeding arises from a discharge of manure-laden wastewater from the Bob Wallin Dairy (the “Dairy”), a dairy cattle operation owned and operated by Robert J. Wallin. On February 13, 1998, inspectors from the U.S. Environmental Protection Agency Region X (the “Region”) observed manure-laden wastewater entering a wetland on the Dairy property and then exiting the property in the direction of the White River. Sampling conducted by the inspectors on the Dairy property revealed that the wastewater contained high levels of fecal contamination.