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DNR Cites UW-Madison Power Plant With More Violations

University Says It Didn't Violate Laws

POSTED: 7:15 pm CDT June 1, 2007
UPDATED: 8:52 pm CDT June 1, 2007

Just days after University of Wisconsin-Madison was told its coal-burning power plant on campus was violating the Clean Water Act, the university now faces big fines or other orders after being accused of violating the federal Clean Air Act.

VIDEO: Watch The Report

Environmentalists have set their sights on the 50-year-old Charter Street power plant at 117 N. Charter for a long time. The plant provides heating and cooling to east campus buildings.

But after this latest Department of Natural Resources action, UW-Madison could be forced to take major action to close or upgrade the facility

A DNR Notice of Violation and Claim was given to UW-Madison late Wednesday after DNR officials investigated allegations by the Sierra Club and found they had merit.

The Sierra Club filed a federal lawsuit against UW-Madison earlier this month, alleging it was violating federal law.

"The bottom line is that this plant needs to be cleaned up. It can't even meet the protections that we have to protect our public health and environment," said Jennifer Feyerherm, a spokesman for the Sierra Club.

UW-Madison is already being forced by the DNR to clean up coal runoff from the site. The DNR said that coal dust has been entering storm sewers and polluting the lakes.

But it is the latest violation charges by the DNR that could trigger the biggest changes -- or even a plant closing, WISC-TV reported.

"It's not necessarily going to be cheap. But it would be something to look at to look at whether it's going to be cheaper to put (pollution) controls on or change to a new facility," said Lloyd Eagan, regional director of Wisconsin DNR Air Quality of the possible outcomes

At issue is a $1.5 million upgrade to three boilers done back in 2004, WISC-TV reported.

DNR officials said that under the federal Clean Air Act, UW-Madison should have applied for a special permit for the upgrade but never did. So, the DNR issued an official violation notice, citing UW-Madison for "failure to obtain a construction permit for a major modification," "failure to apply best available (pollution) control technology" and other things.

Penalties can include civil forfeitures of up to $25,000 per day per violation for both UW-Madison and its oversight agency, the state Department of Administration.

The DNR said that if UW-Madison followed proper procedure, hundreds of tons of nitrogen oxide and sulfur dioxide each year would never have gone up in smoke.

"We think we could have gotten a 60 percent reduction in emissions at this facility," Eagan said.

Eagan said power plants don't have to file for a permit if they're just doing regular maintenance, but she said this was a "rare" and "big project."

Late Friday afternoon, UW-Madison vehemently disagreed.

Legal services director Chuck Hoornstra said upgrade was not major but only "routine" work and as such does not fall under the Clean Air Act.

Hoornstra said UW-Madison "firmly denies any law violation."




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