Center Takes Action Against Delaware’s Largest Polluter

The Center has filed an action in the U.S. District Court for the District of Delaware on behalf of an association of residents located in Sussex County, Delaware known as Citizens for Clean Power.  The suit alleges that Indian River Power, LLC (“IRP”) violated its Title V Clean Air Act permit over 6,300 times since 2004.  IRP operates a power plant in Millsboro, Delaware that consists of four coal-fired electric generating units.  The power plant’s release of toxics into the air has earned it the dubious distinction of being Delaware ’s largest on-site toxic air polluter.  The power plant also regularly ranks among the Nation’s fifty largest emitters of hydrochloric acid.  Additionally, all four of the electric generating units routinely pump particulate matter into the air that causes frequent opacity violations.  After the Center notified the State and IRP that it intended to bring an action to stop the violations, the State and IRP hastily negotiated a consent order.  The consent order provides no requirement that IRP comply with its current Title V permit and provides no language that requires IRP to stop the violations.  Additionally, the State only assessed a $5,000 civil penalty against IRP - that amounts to less than eighty cents (80¢) per violation.  In light of the State’s failure to adequately prosecute IRP and enforce the Title V permit, the Center filed an action in federal court seeking declaratory and injunctive relief under the Clean Air Act.  The case has been briefed and is currently pending decision.