for Oil, Air Violations at DP&L
DNREC has announced two Negotiated Settlement and Administrative Penalty Assessments with Delmarva Power & Light, a subsidiary of Conectiv, for a major oil spill and air permit requirments at the company's Indian River power generating facility.
DNREC Secretary Nicholas A. DiPasquale announced the settlements, totaling $450,000, on Wednesday, June 14, 2000.
The settlement for the 600,000-gallon oil spill is $350,000. The spill was discovered in February 2000 after an investigation of an oil sheen at the facility.
The facility was specifically charged with discharging pollutants into Indian River and its tributaries without a permit, undertaking an activity in a way that may cause or contribute to the discharge of a pollutant into surface or ground water, and failing to take timely steps to prevent, remove and/or respond to the release of a pollutant.
In addition to the $350,000 settlement, the company must continued to conduct satisfactory cleanup and containment operations and bear all of the costs associated with the oil release. The company estimates that cleanup costs may eventually reach more than $1.2 million.
As part of this settlement, $100,000 will be directed by the Department to the Center for Inland Bays to support the Center's annual Environmental Projects Grant Program.
The remaining $250,000 will be paid to the penalty fund administered by the Department that is used for environmental improvement projects as provided by law.
DP&L also agrees to reimburse DNREC in the amount of $11,559 for costs incurred in connection with its response activities and investigation of this oil spill.
DNREC is continuing to conduct an assessment of natural resource damages that may have occured as a result of the release. This penalty action does not relieve DP&L of responsibility or liability for any natural resource damages or Department costs related to such damages.
DNREC also is currently engaged in discussions with the company regarding monitoring for future problems. DNREC may require DP&L to install a tank montoring and leak detection system for its oil storage tanks.
In the other action, the Department assessed a $100,000 penalty for air permitting violations that stem from a Sept. 2, 1999, annual compliance inspection by the Department.
During the inspection, records at the facility indicated that boiler units 1 and 2 had been placed in an online operation mode prior to notifying DNREC. That is a violation of the permit conditions under the approved construction permits.
As a result, the company was cited for violations of Delaware's Regulations on Air Pollution Control, citing violations of "the terms and conditions of the Permits, and other applicable laws and regulations".
DP&L will make a $100,000 settlement payment to the Department as a penalty. The payment will be placed in the penalty fund in accordance with the requirements of the law and administered by the Department.
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