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IPL sues engineering consultant over Eagle Valley discharge

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Indianapolis Power and Light Co. is suing its engineering consultant over an industrial accident that spilled 30 million gallons of polluted water into White River.

IPL, a subsidiary of Arlington, Va.-based AES Corp., operates a 344-megawatt coal-fired power plant called the Eagle Valley Generating Station in Morgan County. Once burned, the coal turns to ash, which is then removed from the plant through a system of movable water pipes and discharged into five retaining ponds.

IDEM fined IPL after a pair of spills from its Eagle Valley plant. (IBJ File Photo)

According to its federal lawsuit, filed Jan. 29, as well as Indiana Department of Environmental Management records, Eagle Valley’s ponds are contained by a system of dikes. But on Feb. 14, 2007, one of the dikes breeched, releasing liquid ash effluent onto IPL’s property and ultimately into the adjacent White River.

IPL alleges it hired Lexington, Ky.-based Fuller Mossbarger Scott and May Engineers Inc. to examine the breech, supervise its repair, and improve Eagle Valley’s dike system to avoid future accidents. According to documents included in the suit, IPL paid its consultant $45,500 for the job.

But on Jan. 30, 2008, Eagle Valley’s dike system failed again, according to its lawsuit. IDEM investigated both incidents, and found the second levee breech occurred in the same location as the first.

IDEM assessed IPL a $23,800 civil penalty. It also required IPALCO to study the site, submit its findings to IDEM, implement repairs, and follow up with regular inspections. If IPL fails to comply with IDEM’s time line, it’s subject to $500-per-week penalties.

IPL’s federal lawsuit against Fuller Mossbarger Scott and May Engineers—which was acquired in 2008 by Alberta, Canada-based Santec Inc.—attempts to assign responsibility and liability for the second spill to the engineering consultant. IPL seeks compensatory damages, as well as the costs and fines it incurred responding to the second effluent spill.

 

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  1. These liberals are out of control. They want to drive our economy into the ground and double and triple our electric bills. Sierra Club, stay out of Indy!

  2. These activist liberal judges have gotten out of control. Thankfully we have a sensible supreme court that overturns their absurd rulings!

  3. Maybe they shouldn't be throwing money at the IRL or whatever they call it now. Probably should save that money for actual operations.

  4. For you central Indiana folks that don't know what a good pizza is, Aurelio's will take care of that. There are some good pizza places in central Indiana but nothing like this!!!

  5. I am troubled with this whole string of comments as I am not sure anyone pointed out that many of the "high paying" positions have been eliminated identified by asterisks as of fiscal year 2012. That indicates to me that the hospitals are making responsible yet difficult decisions and eliminating heavy paying positions. To make this more problematic, we have created a society of "entitlement" where individuals believe they should receive free services at no cost to them. I have yet to get a house repair done at no cost nor have I taken my car that is out of warranty for repair for free repair expecting the government to pay for it even though it is the second largest investment one makes in their life besides purchasing a home. Yet, we continue to hear verbal and aggressive abuse from the consumer who expects free services and have to reward them as a result of HCAHPS surveys which we have no influence over as it is 3rd party required by CMS. Peel the onion and get to the root of the problem...you will find that society has created the problem and our current political landscape and not the people who were fortunate to lead healthcare in the right direction before becoming distorted. As a side note, I had a friend sit in an ED in Canada for nearly two days prior to being evaluated and then finally...3 months later got a CT of the head. You pay for what you get...

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