The United States Environmental Protection Agency filed an objection to a settlement Monday between the state and the Sierra Club regarding the clean up of emissions from UW-Madison's Charter Street Heating Plant.
The objection said the Nov. 26, 2007 agreement does not ensure compliance with the Clean Air Act within a reasonable time.""
Additionally, the EPA said the agreement ""allows for the possibility"" that deadlines for compliance would pass before Clean Air Act requirements are fully met. The agreement is currently set to end on July 31, 2011.
District Judge John Shabaz ruled in early November the plant violated the Clean Air Act for modifying coal boilers without obtaining proper permits between 1999 and 2004.
In addition to reducing the plant's emissions by 15 percent, Wisconsin's Department of Administration and UW-Madison agreed to complete a feasibility study by the end of July 2008, which the EPA said was ""vaguely defined."" After completing the study, the DOA and UW-Madison would apply for any permits needed to modify existing boilers.
The EPA said the application ""should assure that specific control technology '¦ will actually be installed,"" and the agreement should not be terminated until Clean Air Act requirements are met.
According to the objection, the federal government is working with both parties to review settlement revisions.
Sierra Club attorney Bruce Nilles said via e-mail EPA's objection ""provides further clarity on the precise steps"" to clean up the plant.
""We expect to file a joint proposal with the state to respond to the EPA's motion,"" Nilles said.
He added the Sierra Club is still working on a second lawsuit filed in August 2007 against Charter Street plant administrators for clean water violations at the facility, alleging coal-contaminated storm water is being dumped in Lake Monona.
Walnut Street Coal Plant lawsuit
A former employee of the Walnut Street Coal Plant filed a federal lawsuit Jan. 7 against the UW System Board of Regents and three former supervisors, alleging sexual harassment during her employment.
Amy Gabel, the only female employee of the plant when she was hired in 2004, said a supervisor made unsolicited sexual advances toward her and subjected her to unfavorable working conditions after rejecting his advances.
The lawsuit also said she was subjected to sexual verbal and physical conduct from her male co-workers.
During her employment, Gabel filed three complaints with the Wisconsin Equal Rights Division alleging sexual discrimination and retaliation for opposing discrimination in the workplace.
Last summer, Gabel was transferred to a different position at the university without her request, which was seen as further discrimination and retaliation. Gabel rejected the transfer and later resigned.
Gabel has demanded compensatory and punitive damages, among other requests.
University Communications spokesman Brian Mattmiller said via e-mail the university will defend against the allegations.
Mattmiller added Gabel filed a complaint with UW-Madison's Office of Equity and Diversity in July 2006, but did not respond after several requests for additional information, which halted a possible internal investigation.
