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For more information contact Maria Taylor, Chief, Office of Information
and Education or Donald White at 302-739-4506.
DNREC SETTLES OIL SPILL, AIR VIOLATIONS
WITH DP&L INDIAN RIVER FACILITY
DNREC Secretary, Nicholas A. DiPasquale, today announced two Negotiated
Settlement and Administrative Penalty Assessments with Delmarva Power
& Light Company (DP&L) Indian River facility, a subsidiary of
Conectiv. The settlements, totaling $450,000, are a result of violations
associated with a major oil spill and air permit requirements at the
company’s Indian River power generating facility.
The settlement for the oil spill (estimated at 600,000 gallons) 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 payment, the company must continue
to conduct satisfactory clean up 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 Progam. The Center’s project grants are for improvement
to the inland bays through scientific research, education and outreach
activities, or for implementation of pollution control efforts consistent
with the Comprehensive Conservation and Management Plan (CCMP) and the
environmental priorities of the Inland Bays.
The remaining $250,000 penalty will be paid to the penalty fund adminstered
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 continues to conduct an assessment of natural resource damages
that may have occurred 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 monitoring and leak detection system for its oil storage tanks.
In a separate action the Department is assessing a $100,000 penalty
for air permitting violations that stem from a September 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 on-line operation mode prior to notifiying DNREC, which violates
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 adminstered by the Department.
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Document No. 40-01/00/06/20
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