[CITE: Theba Corporation v. Department, 2 CADDNAR 7 (1984)]
[VOLUME 2, PAGE 7]
Cause #: 84-046R
Caption: Theba
Corporation v. Department
Administrative Law Judge: Shadley
Attorneys: Abbott; Spicker, DAG
Date: March 27, 1984
ORDER
NOW,
THEREFORE, based upon the above findings of fact, temporary relief from the
abatement action required by the specified time in Cessation Order No. #C40320-81-217 is granted,
pending completion of the administrative hearing on the cessation order.
FINDINGS OF FACT
1.
The Director of the Department of Natural Resources is included in the
definition of the word "agency" as used in IC 4-22-1-2 and is duly
empowered to conduct administrative hearings pursuant to IC 4-22-1.
2. Theba Corporation is a corporation with address at 100 East
Spring Street, New Albany, Indiana, and with agent resident in the State of
Indiana being Charles MacGregor, as designated by Theba to the Indiana Secretary of State.
3.
By letter dated March 27, 1984, petitioner requested temporary relief from the
required abatement action and compliance time specified in Cessation Order
#C40320-81-217, pending completion of the administrative review of this
Cessation Order.
4.
The Director may delegate any or all of the duties assigned to him under IC
13-4.1 to other employees of the department of natural resources, and did on
March 27, 1984 delegate to Sue A. Shadley the authority to act upon this
request.
5.
On March 27, 1984, the Respondent filed a document stating that Respondent does
not oppose petitioner's request for temporary relief.
6.
Petitioner and Respondent agree to waive the hearing requirement of IC
13-4.1-11-8(e).
7.
Failure to backfill and grade within the time specified, pending the outcome of
the hearing on the Cessation Order will not adversely affect the health or
safety of the public or cause significant, imminent environmental harm to land,
air or water resources.