STATE
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BEFORE THE
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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CASE NO. 2004-14147-A |
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Company, a.k.a. Vectren Power |
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Supply, Inc., a.k.a. SIGECO/Vectren, |
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F. B. Culley Generation Station, |
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Respondent. |
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AGREED ORDER
The
Complainant and the Respondent desire to settle and compromise this action without
hearing or adjudication of any issue of fact or law, and consent to the entry
of the following Findings of Fact and Order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of the
Indiana Department of Environmental Management, a department of the State of
2.
Respondent is Southern Indiana Gas and Electric Company,
a.k.a. Vectren Power Supply, Inc., a.k.a. SIGECO/Vectren
(“Respondent”), which owns and operates the number 2 Unit at its F.
B. Culley Generation Station with federal ID number
173-00001 located at
3.
The Indiana Department of Environmental Management (“IDEM”)
has jurisdiction over the parties and the subject matter of this action.
4.
Pursuant to IC 13-30-3-3, on
Mr. William S. Doty, President |
Ronald E. Christian, Registered Agent |
SIGECO/Vectren |
for
SIGECO/Vectren |
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5.
A records review was conducted for the Site by a
representative of IDEM”s Office of Air Quality
(OAQ). The following violations were in
existence or observed at the time of this records review:
Pursuant to 326 IAC 6-2-3, and pursuant to condition
No. 5 of Operation Permit No. 87-01-90-0093 issued on March 18, 1986, as
amended by the December 21, 1998, IDEM’s letter, the total particulate matter
(PM) emissions from Unit 2 shall be limited to 0.38 lb/MMBtu
of energy input.
During the December 19,
2003, stack test conducted at Unit 2, the PM emissions were 0.393 lb/MMBtu, violations of 326 IAC 6-2-3 and condition No. 5 of
Operation Permit No. 87-01-90-0093 as amended by the December 21, 1998, IDEM’s
letter.
6.
Respondent conducted a re-test on
7.
In recognition of the settlement reached, Respondent
waives any right to administrative and judicial review of this Agreed Order.
II.
ORDER
1.
This Agreed Order shall be effective ("Effective
Date") when it is approved by the Complainant or her delegate, and has
been received by the Respondent. This
Agreed Order shall have no force or effect until the Effective Date.
2.
Respondent shall comply with 326 IAC
3.
All submittals required by this Agreed Order, unless
notified otherwise in writing, shall be sent to:
Michael Stonik,
Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental
Management
4.
Respondent is assessed a civil penalty of Eleven
Thousand Dollars ($11,000.00). Said
penalty amount shall be due and payable to the Environmental Management Special
Fund within thirty (30) days of the Effective Date of this Agreed Order
5.
Civil and stipulated penalties are payable by check
to the Environmental Management Special Fund.
Checks shall include the Case Number of this action and shall be mailed
to:
Cashier
Indiana Department of
Environmental Management
6.
In the event that the civil penalty required by Order
paragraph 4 of this Agreed Order is not paid within thirty (30) days of the
Effective Date of this Agreed Order, Respondent shall pay interest on the
unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall
continue to accrue until the civil penalty is paid in full.
7.
This Agreed Order shall apply to and be binding upon
the Respondent, its successors and assigns. The Respondent's signatories to
this Agreed Order certify that they are fully authorized to execute this
document and legally bind the parties they represent. No change in ownership, corporate, or
partnership status of the Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
8.
In the event that any terms of the Agreed Order are
found to be invalid, the remaining terms shall remain in full force and effect
and shall be construed and enforced as if the Agreed Order did not contain the
invalid terms.
9.
The Respondent shall provide a copy of this Agreed
Order, if in force, to any subsequent owners or successors before ownership
rights are transferred. Respondent shall
ensure that all contractors, firms and other persons performing work under this
Agreed Order comply with the terms of this Agreed Order.
10.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of Environmental Management |
SIGECO/Vectren |
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By: |
_____________________________ |
By: |
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David P. McIver |
Printed: |
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Chief, Air Section |
Title: |
_____________________________ |
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Office of Enforcement |
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Date: |
_____________________________ |
Date: |
______________________________ |
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COUNSEL FOR COMPLAINANT: |
COUNSEL FOR RESPONDENT: |
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Department of Environmental Management |
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By: |
_____________________________ |
By: |
______________________________ |
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Office of Legal Counsel |
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Date: |
_____________________________ |
Date: |
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APPROVED AND ADOPTED BY THE INDIANA
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________,
20__.
For the Commissioner:
Signed on
Linda Runkle
Assistant Commissioner
for Legal Affairs