STATE OF |
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BEFORE THE INDIANA
DEPARTMENT |
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COMMISSIONER OF THE
DEPARTMENT Complainant, v. NISOURCE, INC., Respondent. |
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AGREED ORDER
Complainant and 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 (“IDEM”), a department of the State of
2.
Respondent is NiSource
(“Respondent”), which owns and operates the Northern Indiana Public Service
Company-R. M. Schahfer Generating Station (NIPSCO- Schahfer) with Plant I.D.
No.
3.
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 (“NOV”) on
Mr. Robert C. Skaggs, Jr, President |
Mr. Gary Pottorff, Registered Agent |
NiSource Inc. |
NiSource Inc. |
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5. Pursuant
to Part 70 Operation Permit No. T 073- 6792-00008, Condition D.3.2(a)
particulate matter emissions to the atmosphere from Unit 18, a coal fired
boiler shall be limited to 0.03 pounds per million Btu of energy input. On May
28, 2008 Respondent conducted compliance testing at Unit 18. During this test
particulate matter emissions measured 0.039 lb/MMBTU in violation of Condition
D.3.2(a), Pt 70 Operation Permit No.073- 6792-00008.
6. 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 Complainant
or Complainant’s delegate, and has been received by Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondent shall
comply with Part 70 Permit No. T
3.
All submittals
required by this Agreed Order, unless Respondent is notified otherwise in
writing by IDEM, shall be sent to:
Jay
Rodia, Case Manager |
Office
of Air Quality – Mail Code 60-02 |
Indiana
Department of Environmental Management |
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4. Respondent
is assessed a civil penalty of Eight Thousand Seven Hundred Fifty Dollars
($8,750.00). Within thirty (30) days of
the Effective Date of the Agreed Order, Respondent shall pay a portion of this
penalty in the amount of One Thousand Seven Hundred Fifty Dollars ($1,750.00).
Said penalty amount shall be due and payable to the Environmental Management
Special Fund. In lieu of payment to IDEM
of the remaining civil penalty, Respondent shall make a cash payment to the
Indiana Finance Authority (“IFA”) to fund a Supplemental Environmental Project
(“SEP”) of activities related to brownfield redevelopment at a brownfield site
(“Brownfield Site”) in
The Brownfield Site at which the SEP proceeds will be spent will be agreed upon
among Complainant, Respondent, the City of
In the event that Respondent does not make its SEP payment within thirty (30)
days of the Effective Date of this Agreed Order, the full amount of the civil
penalty as stated in this paragraph, plus interest established by IC
24-4.6-1-101 on the remaining amount, less the portion of the civil penalty
Respondent has already paid, will be due to IDEM within fifteen (15) days from
Respondent
Payment
for the SEP is payable by check to the “Indiana Finance Authority.” The text “SEP-City of
Andrea
Robertson Habeck |
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Room
1275 |
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Respondent
shall provide Complainant with documentation of payment to the Indiana Finance
Authority within one (1) week of such payment.
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 |
Cashier
– Mail Code 50-10C |
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6.
This Agreed
Order shall apply to and be binding upon Respondent and its successors and
assigns. Respondent’s signatories to this Agreed Order certify that they are
fully authorized to execute this Agreed Order and legally bind the party they
represent. No change in ownership,
corporate, or partnership status of Respondent shall in any way alter its
status or responsibilities under this Agreed Order.
7.
In the event
that any terms of this 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 this Agreed Order did not contain the invalid terms.
8.
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.
9.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
11.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the NOV.
12.
Nothing in this
Agreed Order shall prevent IDEM [or anyone acting on its behalf] from
communicating with the EPA or any other agency or entity about any matters
relating to this enforcement action.
IDEM or anyone acting on its behalf shall not be held liable for any
costs or penalties Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
13.
This Agreed
Order shall remain in effect until IDEM issues a Resolution of Case letter to
Respondent.
TECHNICAL RECOMMENDATION: |
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RESPONDENT: |
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Department of Environmental Management |
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By: |
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By: |
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Craig Henry, Chief |
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Printed: |
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Compliance and Enforcement Section 4 |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of Environmental Management |
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By: |
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Deputy Attorney General |
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COUNSEL FOR INDIANA FINANCE AUTHORITY |
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Assistant Director & General Counsel |
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COUNSEL AND /OR AUTHORIZED REPRESENTATIVE |
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For the City of |
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APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL |
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MANAGEMENT THIS |
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OF |
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, 2009. |
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For the Commissioner: |
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Signed on June 3, 2009 |
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Daniel Murray |
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Assistant Commissioner |
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Office of Air Quality |
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