STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
OF THE DEPARTMENT |
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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NORTHERN
INDIANA PUBLIC SERVICE COMPANY LLC, |
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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. Pursuant to Indiana Code (“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 (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent
is Northern Indiana Public Service Company LLC (“Respondent”), which owns and
operates the stationary utility electric generating station with Plant ID No. 091-00021,
located at 101 Wabash Street and 498 W. Michigan Blvd, in Michigan City, LaPorte
County, Indiana (“Site”).
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”) via Certified and Electronic Mail to:
Northern Indiana Public Service
Company LLC |
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Corporation Service Company, Registered Agent |
Attn: Michael Hooper, President 801 E. 86th Ave |
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135 North Pennsylvania Street Suite
1610 |
Merrillville, IN 46410 |
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Indianapolis, IN 46204 sop@cscglobal.com |
5.
During
an investigation including a stack test review conducted by a representative of
IDEM, the following violations were found:
a.
Pursuant
to Part 70 Operating Permit No. 091-42575-00021 (“Permit”), Condition H.2.2,
Respondent shall not exceed the allowable particulate matter (“PM”) emission
limit of 0.010 grains per dry standard cubic food (“gr/dscf”)
for the Coal Tripper Floor to Coal Bunker.
During routine
stack testing of the Coal Tripper Floor to Coal Bunker on November 22, 2022,
Respondent demonstrated PM emissions of 0.0167 gr/dscf,
in violation of Permit Condition H.2.2.
During retesting of the Coal Tripper
Floor to Coal Bunker on December 21, 2022, Respondent demonstrated PM emissions
of 0.0187 gr/dscf, in violation of Permit Condition
H.2.2.
6.
On
January 26, 2023, Respondent conducted additional retesting of the Coal Tripper
Floor to Coal Bunker, with results demonstrating compliance with Permit
Condition H.2.2.
7.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and 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 the environmental
permit condition listed in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Alison Trabel,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
ATrabel@idem.in.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Twenty-One Thousand Dollars ($21,000.00).
Within thirty (30) days of the Effective Date of the Agreed Order, Respondent
shall pay a portion of this penalty in the amount of Five Thousand Two Hundred
Fifty Dollars ($5,250.00). Said penalty amount shall be due and payable to the
Environmental Management Special Fund within thirty (30) days of the Effective
Date; the 30th day being the “Due Date.”
In lieu of
payment to IDEM of the remaining civil penalty, Respondent shall pay Fifteen
Thousand Seven Hundred Fifty Dollars ($15,750.00) to Save the Dunes as a
Supplemental Environmental Project (“SEP”) to fund the removal of hybrid cattails in the Trail Creek Fen.
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’s receipt of
IDEM’s notice to pay. Interest, at the rate established by IC 24-4.6-1-101,
shall be calculated on the amount due from the date which is thirty (30) days
after the Effective Date of this Agreed Order until the full civil penalty is
paid.
Payment for
the SEP is payable by check to “Save the Dunes” The text “SEP – Save the Dunes”
and the Case Number of this action shall be included in the memo line of the
check.
5.
Respondent shall provide Complainant with
documentation of the payment to Save the Dunes within one (1) week of the
payment.
6.
Civil 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
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
7.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1. The interest shall be computed as having accrued
from the Due Date until the date that Respondent pays any unpaid balance. Such
interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified
in Paragraph 6, above.
8.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
9.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
10.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
11.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
12.
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.
13.
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 the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
14.
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.
15.
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 violations
specified in the NOV.
16.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. 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 U.S. EPA or any
other agency or entity.
17.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued 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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Northern Indiana Public Service Company LLC |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
Section |
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Title: |
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Office
of Air Quality |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2024. |
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For
the Commissioner: |
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Signed
on March 5, 2024 |
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Matthew Stuckey, Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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