STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

INDIANAPOLIS POWER AND LIGHT
COMPANY,

Respondent.

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Case No 2005-15145-A

 

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.

 

Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent’s entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

 

I.        FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is the Indianapolis Power and Light Company (“Respondent”), which owns and operates the Indianapolis Power and Light Eagle Valley Generating Station, an electricity generating station located at 4040 Blue Bluff Road in Martinsville, Morgan County, Indiana (the “Site”).

 

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, IDEM issued a Notice of Violation via Certified Mail to:

 

Ann D. Murtlow, President

S Michael Woodard, Registered Agent

Indianapolis Power & Light Company

Indianapolis Power & Light Company

One Monument Circle

One Monument Circle

Indianapolis, IN  46204

Indianapolis, IN  46204

 

5.                  A compliance test, on August 12, 2005, was conducted at the Site, the results of this test were reviewed by a representative of IDEM’s Office of Air Quality (“OAQ”).  The following violations were in existence or observed at the time of this compliance test:

 

a.                  Pursuant to 326 IAC 6-2-2(b) and condition D.1.1(b) of permit No. T109-6569-00004, particulate emissions from the auxiliary boiler shall not exceed 0.015 pounds per million BTU on a higher heating value basis.

 

During a stack test, conducted at the Site on August 12, 2005, the average measured particulate emissions rate from the auxiliary boiler was 0.018 pounds per million BTU, a violation of permit condition D.1.1(b).

 

6.                  The source conducted a retest on October 4, 2005, the results of this test showed the source to be in compliance with 326 IAC 6-2-2(b) and condition D.1.1(b) of permit No. T109-6569-00004.

 

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 his delegate and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Upon the effective date Respondent shall comply with 326 IAC 6-2-2(b) and condition D.1.1(b) of permit #T109-6569-00004.

 

3.                  All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

 

Kristopher M. Grinnell, Enforcement Case Manager

Office of Enforcement – Mail Code 60-02

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, Indiana  46204-2251

 

4.                  Respondent is assessed a civil penalty of Eight Thousand Seven Hundred Fifty Dollars ($8,750.00).  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:

 

Indiana Department of Environmental Management

Cashiers Office – Mail Code 50-10C

100 North Senate Avenue

Indianapolis, Indiana  46204-2251

 

6.                  In the event that the civil penalty required by Order paragraph No. 4 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 paid the civil penalty required by Order paragraph No. 4.

 

11.             This Agreed Order resolves all violations stated in Findings of Fact paragraph No. 5 of this Agreed Order.

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Indianapolis Power and Light

Company

 

By:

 

 

By:

 

 

Paul Higginbotham

 

Printed:

 

 

Chief, Solid Waste Section

 

Title:

 

 

Office of Enforcement

 

 

 

Date:

 

 

Date:

 

 

COUNSEL FOR COMPLAINANT:

 

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By:

 

 

By:

 

 

 

 

 

 

 

Office of Legal Counsel

 

 

 

Date:

 

 

Date:

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

 DAY OF

 

, 200

 

.

 

 

For The Commissioner:

 

 

 

Signed on July 21, 2006

 

Matthew T. Klein

 

Assistant Commissioner for

 

Compliance and Enforcement