NOTICE OF VIOLATION

 

 

 

Via Certified Mail #:

Via Certified Mail #:

Mr. William S. Doty, President

Ronald E. Christian, Registered Agent

SIGECO/Vectren

for SIGECO/Vectren

20 NW Fourth Street

20 NW Fourth Street, P. O. Box 209

Evansville, IN 47708

Evansville, IN 47702

 

Case No. 2004-14147-A

 

Based on an investigation on December 19, 2003, the Indiana Department of Environmental Management (IDEM) has reason to believe that Southern Indiana Gas and Electric Company, a.k.a. Vectren Power Supply, Inc., a.k.a. SIGECO/Vectren (Respondent) has violated an environmental rule and a permit.  The violation is based on the following:

 

1.                  Respondent owns and operates a facility identified as Unit 2 at its F. B. Culley Generation Station with Federal ID number 173-00001 located at 3711 Darlington Road in Newburgh, Warrick County, Indiana (the “Site”).

 

2.                  A stack test was conducted at the Site on December 19, 2003.

 

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.

 

In accordance with IC 13-30-3-3, the Commissioner herein provides notice that a violations may exist and offers an opportunity to enter into an Agreed Order providing for the action required to correct the violations and for the payment of a civil penalty.  The Commissioner is not required to extend this offer for more than sixty (60) days.

 

As provided in IC 13-30-3-4, an alleged violator may enter into an Agreed Order without admitting that the violations occurred.  IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation.  Timely settlement by Agreed Order may result in a reduced civil penalty.  Also, settlement discussions will allow the opportunity to present any mitigating factors that may be relevant to the violations.

 

If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty.  Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

 

To discuss this matter further, please contact Mr. Michael Stonik at (317) 233-0033 within fifteen (15) days after receipt of this Notice to request a conference.  If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

 

For the Commissioner:

 

Signed on October 20, 2004

 

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

 

cc:        Rochelle A. Marceillars, US EPA Region 5

            Warrick County Health Department

            Office of Legal Counsel

            Michael Stonik, Office of Enforcement

            Dan Hancock, Office of Air Quality

            Jarrod Fisher, Office of Air Quality

            Enforcement File

            Public File

            http://www.in.gov/idem/enforcement/