STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
v. ) Case No. 2002-11507-A
CINERGY POWER GENERATION SERVICES, LLC, )
GIBSON GENERATION FACILITY, )
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.
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 Cinergy Power Generation Services, LLC ("Respondent"), which owns and operates a Gibson Generating Station Unit 3 located on State Road 64 west of Princeton, Indiana, Gibson County ("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, on November 26, 2002, IDEM issued a Notice of Violation, and on February 11, 2003, IDEM issued an Amended Notice of Violation via Certified Mail to:
Chief Executive Officer CT Corporation System, Registered Agent
Cinergy Power Generation For Cinergy Power Generation
Services, LLC. Services, LLC.
139 East Fourth Street 36 S. Pennsylvania Street, Suite 700
Cincinnati, OH 45202 Indianapolis, IN 46204
5. A records review of the October 18, 2001, stack test 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 state operation permit number 26-02-90-0120, issued on August 1, 1988, condition 4 in accordance with 326 IAC 6-2, particulate matter (PM) emissions to the atmosphere from the Unit Nos. 3 and 4 combined stack shall be limited to 0.12 lbs. per million BTU of energy input.
During a stack test, conducted at the Gibson Generating Station Unit 3 on October 18, 2001, the average measured PM emissions rate was 0.14 lbs. per million BTU, a violation of the permit condition..
6. Respondent conducted, at the Site, an unapproved stack test on November 20, 2001, and an approved test December 7, 2001. The average measured PM emissions rate during the December 7, test, was 0.057 lbs. per million BTU, indicating compliance with the permit condition.
7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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 all terms and conditions of the operating permit and all its subsequent amendments and modifications.
3. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
Mr. Michael Stonik, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. Respondent is assessed a civil penalty of Seven Thousand Dollars ($7,000.00). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.
5. Civil penalty is payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number of this action and shall be mailed to:
100 N. Senate Avenue
P. O. Box 7060
Indianapolis, IN 46207-7060
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 paid in full the civil penalty required by Order paragraph 4 of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Cinergy Power Generation Services, LLC.
David P. McIver
Chief, Air Section Printed:
Office of Enforcement
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
Office of Legal Counsel
Department of Environmental
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS DAY OF , 200__.
For the Commissioner:
Signed on June 24, 2003
Felicia A. Robinson
for Legal Affairs