STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

State of Connecticut

and

City of Norwich Department

of Public Utilities

)

)

)

)

Trading Agreement

and Order No. 8304

WHEREAS, the Commissioner of Environmental Protection ("Commissioner") and City ofNorwich

Department of Public Utilities ("Respondent") agree that the Commissioner may issue a permit or order

to allow emissions trading in accordance with Section 22a-174-22(j) ofthe Regulations of Connecticut

State Agencies ("Regulations") as a method of compliance with Section 22a-174-22 ofthe Regulations:

A. At the request and with the agreement ofRespondent, the Commissioner finds the following:

I. This Trading Agreement and Order supersedes Trading Agreement and Order 8119A and all

subsequent modifications thereto.

2. Respondent owns and operates an electricity generation facility at 16 South Golden Street in

Norwich, Connecticut ("facility").

3. At the facility, Respondent operates the emission unit described in Table I below, which is

subject to Section 22a-174-22 ofthe Regulations ofConnecticut State Agencies

("Regulations") pertaining to the control of Nitrogen Oxide (NOx) emissions.

4. For the purposes ofthis Trading Agreement and Order, the following definitions shall apply:

a. Allowable Emission Limit (AEL): the applicable NOx emission limit set forth

in Section 22a-174-22(e) or Section 22a-174-22(f) ofthe Regulations

corresponding to the emission unit described in Table I ofthis Trading

Agreement and Order

b. Allowance: CAIR NOx Ozone Season allowance originally allocated to a

CAIR NOx Ozone Season unit, as defined in Section 22a-174-22c ofthe

Regulations, located in the Statc of Connecticut or a NOx allowance

designated specifically for compliance during Ozone Season control periods

and allocated to a CAIR NOx Ozone Season unit located in the State of

Connecticut after the date of issuance of this Trading Agreement and Order.

c. CAIR NOx Ozone Season unit: shall be as defined in Section 22a-174-22c of

the Regulations

(Printed on Recycled Paper)

79 Elm Street • Hartford. cr 06106-5127

www.cl.gov/dep

All Equal 0pl'0rfulliry Employer
City of Norwich Department

of Public Utilities

2 Trading Agreement and Order No. 8304

d. Discrete Emission Reduction Credit (DERC): a unit that was generated and

approved by the Commissioner in accordance with a Trading Agreement and

Order issued by the Commissioner or generated and approved by the

Commissioner in accordance with a protocol submitted and approved pursuant

to Section 22a-174-38 ofthe Regulations. Such unit is equivalent to I ton of

NOx emissions and may be used for emissions trading in accordance with

Section 22a-174-22(j) ofthe Regulations, subject to the provisions of Part B of

this Trading Agreement and Order.

e. CAIR NATS: "CAIR NOx Ozone Season Allowance Tracking System" as

defined in 40 CFR 96.302.

f. Non-Attainment Area: means the geographic area which has been designated

as nonattainment pursuant to 40 CFR 81 in accordance with the provisions of

42 USC 7407 (Section 107 ofthe Act). Pursuant to 40 CFR 81.307, the

designated ozone non-attainment areas in the State ofConnecticut arc: the

Greater Connecticut, CT area and the New York-Northern New Jersey-Long

Island, NY-NJ-CT area.

g. Ozone Season: May 1 through September 30 of each calendar year or such

period as defined by the U.S. Environmental Protection Agency, subsequent to

the issuance ofthis Trading Agreement and Order.

h. Non-Ozone Season: the period of consecutive calendar months between two

successive Ozone Seasons

Table 1

CAIR NOx Ozone Season Units

NOx Emission Rates, FLERs and Allowable Limits (Ibs/MMBtu unless otherwise noted)

UNIT- Heat Stack Test Rates Date of Date of

reg. or Input AEL FLER Last Stack Next Stack Fuel (ppmvd) (Ib/mmbtu) permit no. (MMBtu) Ib/mmbtu ppmvd Test Test

@15%0,

Rolls Royce #2 oil 249 0.5530 141.31 75 0.62 9/26/09 9/26114

Turbine

5. The Respondent agrees that the actual NOx emissions rate from the emission unit

described in Table I, at times, exceeds the corresponding AEL.

6. Pursuant to Section 22a-174-22(j) ofthe Regulations, Respondent proposes to comply

with Section 22a-174-22(e) ofthe Regulations, when operating the emission unit

described in Table 1 by means of emissions trading in accordance with the provisions of

this Trading Agreement and Order.

7. The Respondent proposes to usc the full load emission rate ("FLER") identified in Table I
City of Norwich Department

of Public Utilitics

3 Trading Agreemcnt and Order No. 8304

for the purposes of calculating Actual DERCs/Allowances Required.

The Commissioncr, in accordancc with Section 22a-174-22(j) ofthe Regulations hereby allows

Respondent to comply with Section 22a-174-22 ofthe Regulations at the facility through the use

of emissions trading, subject to the provisions ofthis Trading Agreement and Order.

8. With the agreement of Respondent, the Commissioner, acting under Sections 22a-6, 22a-174, 22a176, and 22a-l77 ofthe Connecticut General Statutes, hereby orders Respondent as follows:

I. Expiration ofthis Trading Agreement and Order: The Respondent may only use emissions

trading, subject to the provisions ofthis Trading Agreement and Order, until the date of

expiration ofthis Trading Agreement and Order. The date of expiration ofthis Trading

Agreement and Order shall be the earlier of:

a. May31,2014;

b. The date upon which the Respondent demonstrate to the Commissioner's

satisfaction that actual NOx emissions from the emission unit, at all times, do

not exceed the corresponding AEL(s);

e. The date specified in any written notice from the Commissioner stating that the

Respondent arc no longer allowed to use emissions trading due to the

Respondent' violation of any provision ofthis Trading Agreement and Order;

or

d. The date specified in any written notice from the Commissioner, notifYing the

Respondent that the Commissioner has determined the use of emissions trading

as a compliance option has been further restricted, modified or nullified by:

(i) the promulgation of an Act, Statute, or Regulations; or

(ii) the issuance of a judgment or court order.

2. Respondent shall obtain and use sufficient DERCs and/or Allowances in such a manner as to

comply with Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Order. All Allowances

used must come from an emission unit that is within the same ozone nonattainment area as the

Respondent. Any Allowances used to comply with this Trading Agreement and Order must

be allocated for the control period that occurs during the same year those allowances are used

for compliance with this Trading Agreement and Order. All DERCs used during the Ozone

Season for each emissions unit described in Table I, shall have been generated during an

Ozone Season.

3. Prior to using Allowances in accordance with Paragraphs 8.8 and 8.9 ofthis Trading

Agreement and Order the Respondent shall obtain a General and/or Compliance Account in

the CAIR NATS.
City ofNorwich Department

of Public Utilities

4 Trading Agreement and Order No. 8304

4. Vintage Restriction. For the purposes ofcompliance with Section 22a-174-22 ofthe

Regulations and the provisions ofthis Trading Agreement and Order, DERCs shall only

remain valid for five (5) calendar years from the year ofthe generation ofsuch DERCs.

DERCs older than five (5) calendar years from their creation are not valid for use for

compliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading

Agreement and Order.

5. Respondent shall not cause or allow actual NOx emissions from the operation ofthe emission

units described in Table I ofthis Trading Agreement and Order to exceed the corresponding

FLERs. Compliance with the corresponding FLERs specified in Table I shall be determined

based on the results of emissions testing performed in accordance with Section 22a-174-22 of

the Regulations or NOx emissions monitored and recorded by a continuous emissions

monitoring system that was approved by the Commissioner and that complies with Section

22a-174-4 ofthe Regulations and either 40 CFR 60, Appendices B&F or 40 CFR 75.

6. Ozone Season Fuel Use Restriction: Notwithstanding the provisions ofParagraph B.2 ofthis

Trading Agreement and Order, when operating the emission unit described in Table I during

the Ozone Season, the Respondent shall operate that unit while firing or co-firing the lowest

NOx emitting fuel type or combination offuel types that the units are authorized to burn in

accordance with Departmental permit, registration, or applicable regulation.

7. Notwithstanding Paragraph B.6 ofthis Trading Agreement and Order, during the Ozone

Season, the Respondent may operate the emission units described above on fuels that result in

higher emissions ofNOx, if either:

a. the availability offuel oil that complies with Paragraph B.6 is inadequate to meet

the needs ofresidential, commercial and industrial users in this state and that such

inadequate supply constitutes an emergency; or

b. the supply of gaseous fuels to the emission units is interrupted due to inadequate

supply or in accordance with an interruptible supply agreement between the

Respondent and the gaseous fuel supplier.

8. DERC/Allowance Use. On the first day of each calendar month, the Respondent shall possess

a quantity ofDERCs and/or Allowances that equals or exceeds the quantity ofActual DERCs

Required and/or Actual Allowances Required in that month. Compliance with Paragraph B.8

ofthis Trading Agreement and Order shall be determined as follows:

a. Before the first day of each month, Respondent shall estimate DERCs and/or

Allowances required for such calendar month for the emission unit described in

Table I as follows:

Estimated DERCs/AlIowances Required =

{(Estimated fuel use in MMBtu) x ((FLER Ib/mmbtu) - (0.95 x AEL))}+2000 Ibs/ton
City of Norwich Department

of Public Utilities

Where:

5 Trading Agreement and Order No. 8304

• AEL = Allowable Emission limit, as defined in Paragraph A.4 ofthis

Trading Agreement and Order

• Discount (0.95) = 5% design margin applied to the AEL.

b. No later than the twentieth day of each month, Respondent shall calculate actual

DERCs and/or Allowances used in the preceding calendar month for the emission

unit described in Table I as follows:

Aetual DERCs/Allowances Required =

{(Monthly fuel use MMBtu) x «FLER Ib/mmbtu) - (0.95 x AEL))} + 2000 Ibs/ton

9. Non-Ozone Season DERC/Allowance Use. In addition to the requirements ofParagraph 8.8

ofthis Trading Agreement and Order, on the first day of each Non-Ozone Season, the

Respondent shall possess a quantity of DERCs and/or Allowances that equals or exceeds the

quantity ofNon- Ozone Season Actual DERCslAllowances Required for that Non-Ozone

Season. Compliance with Paragraph 8.8 ofthis Trading Agreement and Order shall be

determined as follows:

a. Before the first day of each Non-Ozone Season, Respondents shall estimate

DERCs and/or Allowances required for that Non-Ozone Season for the emission

unit described in Table I based on the average actual NOx emission rate from the

emission unit and an emission limit of 0.15 lb/mmbtu as follows:

Estimated Non-Ozone Season DERCs/Allowances Required =

{(Estimated Non-Ozone Season fuel use in MMBtu) x «FLER Ib/mmbtu) - (0.95 x

O.l5Ib/mmbtu))} + 2000 lbs/ton-!:( Estimated DERCS and/or Allowances

Required for all months ofthe Non-Ozone Season calculated pursuant to

Paragraph 8.8)

b. No later than thirty (30) days after the end of each Non-Ozone Season, the

Respondents shall calculate Actual Non-Ozone Season DERCs and/or Allowances

used during that Non-Ozone Season for each emission unit as follows:

Actual Non-Ozone Season DERCs/Allowances Required =

{(Actual Non-Ozone Season fuel use in MMBtu) x «FLER lb/mmbtu) - (0.95 x

O.l5lb/mmbtu))} + 2000 Ibs/ton-!:( DERCS and/or Allowances Required for all

months ofthe Non-Ozone Season calculated pursuant to Paragraph B.8
City of Norwich Department

of Public Utilities

6 Trading Agreement and Ordcr No. 8304

10. On or bcforc January 31, of cach calcndar year, the Rcspondent shall deduct a quantity of

DERCS from the current balance of DERCs possessed by the Respondent and/or transfer a

quantity ofAllowances from the Respondent' NOx General and/or Compliance Accounts to

the CT State NOx Retirement Account (Account ill CT0000000300 in the CAIR NATS) such

that the total is equal to the sum of Actual DERCs/Allowances Required pursuant to

Paragraph B.8 ofthis Trading Agreement and Order for the preceding calendar year, rounded

up to the nearest whole ton.

II. Not more than ninety (90) days after the completion ofthe Non-Ozone Season, the

Respondent shall deduct a quantity of DERCS from the current balance of DERCs possessed

by the Respondent and/or transfer a quantity ofAllowances from the Respondent's NOx

General and/or Compliance Account to the CT State NOx Retirement Account (Account ID

CT0000000300 in the CAIR NATS) such that the total is equal to Actual Non-Ozone Season

DERCs/Allowances Required for the most recently completed Non-Ozone Season.

Notwithstanding the control period limitations of Paragraph B.2 ofthis Trading Agreement

and Order, Allowances used to comply with this Paragraph for a Non-Ozone Season must

have been originally allocated for the control periods that correspond to the same calendar

years within that Non-Ozone Season.

12. Doubling: Ifthe Actual DERCs/Allowances Required for any month, determined in

accordance with Paragraph 8.8, exceeds the quantity of DERCs and/or Allowances in the

Respondent' possession on the first day of that month, then in addition to the deduction or

transfer specified in Paragraph 8.10, the Respondent shall also deduct a quantity ofDERCs

from the current balance ofDERCs possessed by the Respondent and/or transfer a quantity of

Allowances from the Respondent' NOx General and/or Compliance Account to the CT State

NOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such that the total

is equal to Actual DERCs/Allowances Required for that month. Such additional DERC

deduction or Allowance transfer shall be performed at the same time as the DERC deduction

or Allowance transfer specified in Paragraph B.I 0 ofthis Trading Agreement and Order.

If the Actual DERCs/Allowances Required for any Non-Ozone Season, determined in

accordance with Paragraph 8.9, exceeds the quantity ofDERCs and/or Allowances in the

Respondent' possession on the first day ofthe Non-Ozone Season, then in addition to the

deduction or transfer specified in Paragraphs 8.1 I, the Respondent shall also deduct a quantity

of DERCs from the current balance of DERCs possessed by the Respondent and/or transfer a

quantity of Allowances from the Respondent' NOx General and/or Compliance Account to the

CT State NOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such

that the total is equal to Actual Non-Ozone Season DERCs/Allowances Required for the most

recently completed Non-Ozone Season. Such additional DERC deduction or Allowance

transfer shall be performed at the same time as the DERC deduction or Allowance transfer

specified in Paragraph 8.11 ofthis Trading Agreement and Order.

Notwithstanding the provisions of Paragraph 8.12 ofthis Trading Agreement and Order, any

violation of Paragraphs 8.8 and 8.9 ofthis Trading Agreement and Order may be subject to

additional enforcement action as may be deemed appropriate by the Commissioner in

accordance with the Department's enforcement response policy.
City of Norwich Department

of Public Utilities

7 Trading Agreement and Order No. 8304

13. In addition to acquiring and using DERCS and/or Allowances as required under prior Trading

Agreement and Orders, the Respondent implemented the supplemental environmental

program (SEP) incorporated by reference into Trading Agreement and Order No. 8119 at

Exhibit 2. The SEP was designed to allow conversion ofthe City ofNorwich's vehicles to

natural gas, and to provide the necessary infrastructure to help encourage other vehicle owners

in the Southeastern Connecticut region to convert their vehicles to natural gas. Respondent

shall continue to work with the Connecticut State Agencies and the administration to

encourage the usc ofAlternative Fuel Vehicles in the State.

14. At the end of each calendar year, the Respondent shall demonstrate that any Allowances used

for compliance with this Trading Agreement and Order during the year arc surplus,

quantifiable, enforceable and permanent. This shall be determined by demonstrating that the

actual NOx emissions during the ozone season, as reported to the United States Environmental

Protection Agency, from the emission unit to which the Allowances were originally allocated

were equal to or less than the amount of Allowances allocated to such unit by the State of

Connecticut minus the Allowances used for compliance with this Trading Agreement and

Order.

15. Maintenance and Tunc-up. During the life ofthis Trading Agreement and Order, the

Respondent shall inspect and maintain the unit in accordance with the Respondent's periodic

maintenance schedule. Such schedule shall be maintained at the location ofthe unit and made

available to the Commissioner or his/her designee upon request. The Respondent shall make

and keep records of each inspection and maintenance event indicating the name and affiliation

ofthe individual(s) performing the event, systems inspected/maintained during the event, parts

replaced during the event, reason unit is believed to be in good working order following the

event.

16. Record Keeping;

a. By the close of each calendar day, the Respondent shall record the actual

fuel type and the actual quantity of each type offuel in units of volume per

day or MMbtu per day for each fuel used on the preceding day in an

emission unit described in this Trading Agreement and Order;

b. On ofbefore the first day of each calendar month, the Respondent shall

record the number ofDERCs and corresponding serial numbers and

vintages for all DERCs in its possession on the first calendar day ofthat

calendar month,

c. On or before the first day of each calendar month, the Respondent shall

record the number ofAllowances and corresponding identification numbers

and allocation control periods for all Allowances in its possession on the

first calendar day ofthat calendar month,

d. On or before the first day of each calendar month, the Respondent shall

record the number of DERCs and corresponding serial numbers, vintages,

purchase/sales dates, and seller/buyer for all DERCs purchased or sold

during the preceding calendar month,
,--------------------------------

City of Norwich Department

of Public Utilities

8 Trading Agreement and Order No. 8304

e. On or before the first day of each calendar month, the Respondent shall

record the number ofAllowances and corresponding identification

numbers, purchase/sales dates, allocation years, and sellerlbuyer for all

Allowances purchased or sold during the preceding calendar month,

f. On or before the first day of each calendar month, the Respondent shall

record the Estimated DERCs/Allowances Required for that calendar month

determined in accordance with Paragraph B.8 ofthis Trading Agreement

and Order.

g. On or before the twentieth calendar day of each calendar month, the

Respondent shall record the Actual DERCs/Allowances Required for the

preceding calendar month determined in accordance with Paragraph B.8 of

this Trading Agreement and Order;

h. On or before January 31 of each calendar year, the Respondent shall record

the quantity of DERCs deducted in accordance with Paragraphs B.I 0 and

B.12 ofthis Trading Agreement and Order for the preceding year. Such

records shall include the serial number and vintage of each DERC deducted

from the Respondent current balance pursuant to Paragraphs B.I 0 and B.12

ofthis Trading Agreement and Order.

I. On or before January 31 of each calendar year, the Respondent shall record

the quantity of Allowances transferred in accordance with Paragraphs B.I 0

and B.12 ofthis Trading Agreement and Order. Such records shall include

the identification number and allocation control period of each Allowance

transferred pursuant to Paragraphs B.I 0 and B.12 ofthis Trading

Agreement and Order.

J. Not more than ninety (90) days after the completion of each Non-Ozone

Season, the Respondent shall record the Non-Ozone Season average NOx

emission rate for the emission unit described in Table I, the quantity of

DERCs and/or allowances possessed on the first day ofthe Non-Ozone

Season, and the quantity of DERCs deducted and/or Allowances transferred

in accordance with Paragraphs B.II and B.12 ofthis Trading Agreement

and Order.

k. For each month ofthe Ozone season, the Respondent shall maintain records

attesting to the fact that any DERCs deducted from its balance in .

accordance with Paragraphs B.II and B.12 ofthis Trading Agreement and

Order satisfY the requirements ofParagraph B.2. Generator certification of

this fact shall be sufficient.

I. On each day during the ozone season that the Respondent operates in

accordance with Paragraph B.7 ofthis Trading Agreement and Order, the

Respondent shall make and keep Records of all emission unit operation in

accordance with Paragraph B.7 ofthis Trading Agreement and Order,

including copies of any written correspondence from the Respondent' fuel

supplier detailing the duration and circumstances ofthe inadequate fuel oil

supply or interruption of gaseous fuel supply to the emission units.
City ofNorwich Department

of Public Utilities

9 Trading Agreement and Ordcr No. 8304

17. Respondent shall retain records and supporting documentation required by this Trading

Agreement and Order for a minimum offive years, commencing on the date such records

were created. Respondent shall provide the records specified above to the Commissioner

within thirty (30) days ofreceipt of a written request from the Commissioner. All records

shall be maintained in accordance with Sections 22a-174-4 and 22a-174-22 ofthe

Regulations.

18. Reporting: No later than March I of every year after issuance ofthis Trading Agreement and

Order, the Respondent shall submit to the Commissioner a written report containing copies of

all ofthe records required pursuant to Paragraphs B.16.a - B.16.i, and B.16.k- B.16.l ofthis

Trading Agreement and Order. Not later than July 30 of each calendar year, the Respondent

shall submit a written report containing copies of all records required pursuant to Paragraph

B.16.j ofthis Trading Agreement and Order. The Commissioner may prescribe the forms to

be used for the submission ofthese reports. The Respondent shall submit these reports on

such forms, if prescribed by the Commissioner.

19. FLER Violation. Violation of an established FLER shall subject Respondent to make

restitution by matching the quantity of emissions ("true up") caused by the exceedance plus a

100% premium. The truc up in tons of DERCs or Allowances shall be equal to the FLER

exceedancc in IbsIMMBtu, multiplied by the total heat input during the period of

noncompliance divided by 2000 Ibs/ton. Ifthe period of noncompliance is not known, the

time period from the completion ofthe last/previous Department witnessed emission test

through the date that FLER compliance is achieved as approved by the Commissioner shall

be used. Notwithstanding this requirement, exceedance of any FLER contained in Table I is

a violation in Paragraph B.5 ofthis Trading Agreement and Order subject to enforcement

action in accordance with the Department of Environmental Protection's Enforcement

Response Policy, in effcct at the time ofsuch violation.

20. FLER Modification. FLERs set forth in Tablc I ofthis Trading Agreement and Order may

be modificd only after the consent ofthe Commissioner by written modification ofthis

Trading Agreement and Order.

21. Emissions Testing. The Respondent shall perform emissions testing in accordance with

Section 22a-174-22(k) ofthe Regulations for each emission unit described in Table I ofthis

Trading Agreement and Order that is not equipped with a continuous emissions monitoring

system that was approved by the Commissioner and that complies with Section 22a-174-4 of

the Regulations and either 40 CFR 60, Appendix B&F or 40 CFR 75.

22. Control Technology Evaluation. Not more than 12 months from the date ofissuance ofthis

Trading Agreement and Order, the Respondent shall submit a control technology evaluation

for thc emissions unit described in Table I to reduce emissions of NOx to, at a bare

minimum, a rate or concentration that complies with the applicable limits of Section 22a174-22 ofthe Regulations as may be amended, without using, tendering, or otherwise

acquiring Allowances or DERCs. Such evaluation shall include but not be limited to thc

following:

a. A detailed description ofthe subject emissions unit, currently installed

emissions controls equipment and methods, all currently installed emissions

monitoring systems;
City of Norwich Department

of Public Utilities

10 Trading Agreement and Order No. 8304

b. A detailed description of any and all additional or alternative emissions

control cquipment and methods or, combinations thereof, that are capable of

reducing NOx emissions from the subject emissions unit to, at a bare

minimum, a rate or concentration that complies with the applicable limits of

Section 22a-174-22 ofthe Regulations as may be amended, without using,

tendering, or otherwise acquiring Allowances or DERCs;

c. An evaluation of capital costs, annual opcrating costs, and total annualized

$/ton costs associated with the installation and operation of any and all

additional or alternative emissions control equipment and methods, or

combinations thereof, that are capable ofreducing NOx emission from the

subject unit to, at a bare minimum, a rate or concentration that complies with

the applicable limits of Section 22a-174-22 ofthe Regulations as may be

amended, without using, tendering, or otherwise acquiring Allowances or

DERCs;

d. An estimated schedule for the design, procurement, installation and operation

of any additional or alternative emissions control equipment and methods, or

combinations thereof, that are capable ofreducing NOx emission from the

subject unit to, at a bare minimum, a rate or concentration that complies with

the applicable limits of Section 22a-174-22 ofthe Regulations as may be

amended, without using, tendering, or otherwise acquiring Allowances or

DERCs;

e. A detailed description of any adjustments and/or modifications that must be

made to the emissions monitoring systems for the subject emission unit in

order to demonstrate compliance with, at least, Section 22a-174-22 ofthe

Regulations as may be amended, without using, tendering, or otherwise

acquiring Allowances or DERCs; and

f. A detailed description of any collateral environmental impacts that will result

as a direct consequence of the Respondent's use of additional/alternative

emissions control equipment and methods to reduce NOx emissions to, at a

bare minimum, a rate or concentration that complies with the applicable limits

of Section 22a-174-22 ofthe Regulations as may be amended, without using,

tendering, or otherwise acquiring Allowances or DERCs.

23. Full compliance. Respondent shall not be considered in full compliance with this Trading

Agreement and Order until all actions required by this Trading Agreement and Order have

been completed as approved and to the Commissioner's satisfaction.

24. Approvals. Respondent shall use best efforts to submit to the Commissioner all documents

required by this Trading Agreement and Order in a complete and approvable form. Ifthe

Commissioner notifies Respondent that any document or other action is deficient, and docs

not approve it with conditions or modifications, it is deemed disapproved, and Respondent

shall correct the deficiencies and resubmit it within the time specified by the Commissioner

or, ifno time is specified by the Commissioner, within 30 days ofthe Commissioner's notice
29. False statements. Any false statement in any information submitted pursuant to this Trading

Agreement and Order may be punishable as a criminal offense undcr Section 53a-157b ofthe

Connecticut General Statutes and any other applicable law.

25. Definitions. As used in this Trading Agreement and Order "Commissioner" means the

Commissioner or a representative ofthc Commissioner; The datc of "issuancc" ofthis

Trading Agrccment and Order is thc datc the Trading Agreemcnt and Order is deposited in

the U.S. mail or pcrsonally dclivered, whichevcr is carlier.

28. Noncompliance. This Trading Agreement and Order is a final order ofthe Commissioner

with respect to the matters addressed herein, and is nonappealable and immediately

enforceable. Failure to comply with this Trading Agreement and Order may subject

Respondent to an injunction and penalties.

II Trading Agrccment and Ordcr No. 8304

of deficicncies. In approving any document or other action under this Trading Agreement

and Order, the Commissioncr may approve the document or othcr action as submitted or

performed or with such conditions or modifications as the Commissioner deems necessary to

carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall

excuse noncompliance or delay.

27. Certification of documents. Any document, including but not limited to any notice, which is

required to be submitted to the Commissioner under this Trading Agreement and Order shall

be signed by an individual, employed by the Respondent, who satisfies the criteria set forth in

Section 22a-174-2a(a)(l) ofthe Regulations ofConnecticut State Agencies and by the

individual(s) responsible for actually preparing such document. Each individual who signs

documents in accordance with this Paragraph shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this

document and all attachments thereto, and I certify, based on reasonable investigation,

including my inquiry ofthose individuals responsible for obtaining the information, that

the submitted information is true, accurate and complete to the best ofmy knowledge and

belief. I understand that any false statement made in the submitted information may be

punishable as a criminal offense under Section 53a-157b ofthe Connecticut General

Statutes and any other applicable law."

26. Datcs. The datc ofsubmission to the Commissioner of any document requircd by this

Trading Agreement and Ordcr shall be the datc such documcnt is received by the

Commissioncr. The date of any notice by thc Commissioner under Trading Agrccmcnt and

Ordcr, including but not limitcd to notice of approval or disapproval of any documcnt or

other action, shall be the date such notice is deposited in the U.S. mail or is personally

delivered, whichever is earlier. Except as otherwise specified in this Trading Agreement and

Order, the word "day" as used in this Trading Agreement and Order means calendar day.

Any document or action which is requircd by this Trading Agreement and Order to be

submitted or performed by a date which falls on a Saturday, Sunday or a Connecticut or

federal holiday shall be submitted or performed by the next day which is not a Saturday,

Sunday or Connecticut or federal holiday.

City of Norwich Departmcnt

of Public Utilitics
City of Norwich Department

of Public Utilities

12 Trading Agreement and Order No. 8304

30. Notice oftransfer; liability ofRespondent. Until Respondent have fully complied with this

Trading Agreement and Order, Respondent shall notify the Commissioner in writing no later

than IS days after transferring all or any portion ofthe facility, the operations, the site or the

business which is the subject ofthis Trading Agreement and Order or after obtaining a new

mailing or location address. Respondent' obligations under this Trading Agreement and

Order shall not be affected by the passage oftitle to any property to any other person or

municipality.

31. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the

Commissioner's authority to institute any proceeding or take any other action to prevent or

abate violations oflaw, prevent or abate pollution, recover costs and natural resource

damages, and to impose penalties for past, present, or future violations oflaw. If at any time

the Commissioner determines that the actions taken by Respondent pursuant to this Trading

Agreement and Order have not successfully corrected all violations, fully characterized the

extent or degree of any pollution, or successfully abated or prevented pollution, the

Commissioner may institute any proceeding to require Respondent to undertake further

investigation or further action to prevent or abate violations or pollution.

32. Respondent' obligations under law. Nothing in this Trading Agreement and Order shall

relieve Respondent of other obligations under applicable federal, state and local law.

33. No assurance by Commissioner. No provision ofthis Trading Agreement and Order and no

action or inaction by the Commissioner shall be construed to constitute an assurance by the

Commissioner that the actions taken by Respondent pursuant to this Trading Agreement and

Order will result in compliance or prevent or abate pollution.

34. Access to premises. Any representative ofthe Department of Environmental Protection may

enter the without prior notice for the purposes of monitoring and enforcing the actions

required or allowed by this Trading Agreement and Order.

35. No effect on rights of other persons. This Trading Agreement and Order neither creates nor

affects any rights of persons or municipalities that arc not parties to this Trading Agreement

and Order.

36. No Creation of Property Rights. This Consent Order does not create any property rights with

respect to these DERCs or Allowances.

37. Notice to Commissioner of changes. Within 15 days ofthe date Respondent become aware

of a change in any information submitted to the Commissioner under this Trading Agreement

and Order, or that any such information was inaccurate or misleading or that any relevant

information was omitted, Respondent shall submit the correct or omitted information to the

Commissioner.
City of Norwich Department

ofPublic Utilities

13 Trading Agreement and Order No. 8304

38. Notification of noncompliance. In the event that Respondent become aware that it did not or

may not comply, or did not or may not comply on time, with any requirement ofthis Trading

Agreement and Order or of any document required hereunder, Respondent shall immediately

notifY by telephone the individual identified in the next paragraph and shall take all

reasonable steps to ensure that any noncompliance or delay is avoided or, ifunavoidable, is

minimized to the greatest extent possible. Within five (5) days ofthe initial notice,

Respondent shall submit in writing the date, time, and duration ofthe noncompliance and the

reasons for the noncompliance or delay and propose, for the review and written approval of

the Commissioner, dates by which compliance will be achieved, and Respondent shall

comply with any dates which may be approved in writing by the Commissioner. Notification

by Respondent shall not excuse noncompliance or delay, and the Commissioner's approval of

any compliance dates proposed shall not excuse noncompliance or delay unless specifically

so stated by the Commissioner in writing.

39. Submission of documents. Any document required to be submitted to the Commissioner

under this Trading Agreement and Order shall, unless otherwise specified in this Trading

Agreement and Order or in writing by the Commissioner, be directed to:

Supervisor

Administrative Enforcement Group

Engineering and Enforcement Division

Bureau of Air Management

Department ofEnvironmental Protection

79 Elm Street, 5

th Floor

Hartford, Connecticut 06106

(860) 424-3702
City ofNorwich Dcpartmcnt

of Public Utilities

14 Trading Agreement and Order No. 8304

Rcspondent consent to thc issuancc ofthis Trading Agreemcnt and Ordcr without further noticc. The

undersigned ccrtifies that he/she is ful authorized to enter into this Trading Agreement and Order and

to legally bind Respondent to the t and conditions ofthe Trading Agreement and Order.

Signature:-".....'-¥-t-__-""-_£-------

Type Name: 0u\-..f"\ F ~,,\

Type Title: G-u'\.IU"Q..\ ~~c...:1e.c

Date: 4 - 2.8- 1""0 _

Issued as a final consent order ofthe Commissioner ofthe Department of Environmental Protection.

Ga

En . eeri & Enforcement Division

Bureau of Air Management

TOWN OF

MAILED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

Certified Documcnt