EPA v. INDIANAPOLIS, IN - CITY OF

Case summary

REFERRAL OF CITY OF INDIANAPOLIS INCINERATORS STATUTE VIOLATED: 42 U.S.C. SECTION 7401 ET. SEQ. (CLEAN AIR ACT) DEFENDANT: CITY OF INDIANAPOLIS, 2501 CITY-COUNTY BUILDING, INDIANAPOLIS, INDIANA 46204 VIOLATION UPON WHICH ACTION IS BASED: A) INDIANA STATE IMPLEMENTATION PLAN ( SIP ) RULE APC-3 - EXCEEDENCES OF THE OPACITY STANDARD. B) INDIANA SIP RULE 325 IAC 6-1-12 APPENDIX A - EXCEED- ENCES OF MASSEMISSION STANDARD. C) CLEAN AIR ACT, SECTION 114(A), 42 U.S.C. SECTION 7414(A) - FAILURE TO CONDUCT MASS EMISSION TESTS. PROPOSED RELIEF: A) INJUNCTION REQUIRING DEFENDANT TO COMPLY WITH THE AP- PLICABLE REQUIREMENTS OF THE CLEAN AIR ACT. B) CIVIL PENALTY OF $75,000. RECENT CONTACTS: - MEETINGS TOOK PLACE BETWEEN THE PARTIES IN OCTOBER AND NOVEMBER - WRITTEN SETTLEMENT OFFER FROM DEFENDANT TO U.S. EPA ON NOVEMBER 5, 1985 - WRITTEN COUNTER OFFER FROM U.S. EPA TO DEFENDANT ON DECEMBER 3, 1985 SIGNIFICANT ISSUES: NONE DATE OF INSPECTION WHICH LED TO DECISION TO INITIATE EN- FORCEMENT PROCEEDINGS: - VISIBLE EMISSION READING HAVE BEEN TAKEN FOR THE LAST SEVERAL YEARS. - OCTOBER 1-3, 1985 STACK EMISSION TESTS ON THREE OF INCINERATORS. - STACK EMISSION TESTS CONDUCTED IN 1980. LEGAL COUNSEL: JEFFREY H. SIRMAN, CITY OF INDIANAPOLIS LEGAL DEPARTMENT, 1601 CITY-COUNTY BUILDING, INDIANAPOLIS, INDIANA 46204 JUDICIAL DISTRICT: SOUTHERN DISTRICT OF INDIANA COUNTY AND ATTAINMENT STATUS: MARION COUNTY - PRIMARY NON- ATTAINMENT FOR TOTAL SUSPENDED PARTICULATES.

Defendants (1)

• INDIANAPOLIS, CITY OFNamed in complaintNamed in settlement

Facilities (2)

• WHITE RIVER ENVIRONMENTAL PARTNERSHIP

  2700 S BELMONT, INDIANAPOLIS, IN, 46221

  Registry ID: 110011829129

• WHITE RIVER ENVIRONMENTAL PARTNERSHIP

  2700 S BELMONT, INDIANAPOLIS, IN, 46221

  Registry ID: 110011829129

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• INDIANAPOLIS, IN - CITY OFentered 1988-01-08

  Primary law: CAA

  Federal penalty: $75,000

Timeline (9 milestones)

• 1985-04-29Enforcement Action Data Entered
• 1985-12-30Referred To Headquarters
• 1986-02-04Referred To Dept Of Justice
• 1986-04-07Referred TO U.S. Attorney
• 1986-04-10Complaint Filed With Court
• 1988-01-08Final Order Lodged
• 1988-01-08Final Order Entered
• 1988-01-08Concluded
• 1988-01-08Enforcement Action Closed