[CITE: Peabody Coal v. Dept. Nat. Resources, 2 CADDNAR 22 (1984)]
[VOLUME 2, PAGE 22]
Cause #: 84-149R
Caption: Peabody Coal v.
Dept. Nat. Resources
Administrative Law Judge: Szostek
Attorneys: Joest; Spicker, DAG
Date: August 3, 1984
ORDER
The
Compliance Time ( 5:00 p.m., Wednesday, August 1, 1984 ) shown in Notice of
Violation #N40628-S-00016, violation 2 of 2 is changed to read: "Not to
exceed fifteen (15) days on the date of receipt of the decision of the Director
of the Department of Natural Resources on Administrative Cause 84-150R."
FINDINGS OF FACT
1.
The Director of the Department of Natural Resources is included within 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.
The Director may delegate all or any of his powers and duties assigned to him
under IC 13-4.1 to other employees of the Department of Natural Resources.
3.
The Director may delegate all or any of his powers and duties assigned to him
under IC 13-4.1 to other employees of the Department of Natural Resources.
4.
Peabody Coal Company is a Missouri Corporation, licensed to do business in
Indiana, with an Indiana office located at 1314 Burch Drive, Evansville.
5.
On July 6, 1984, Eric Gerst, an authorized inspector
for the Division of Reclamation, issued Notice of Violation #N40628-S-00016 to Petitioner,
by certified mail, for an alleged violation at its Universal Mine, Vermillion
County.
6.
By Petition, hand delivered to the Hearing Officer on July 13, 1984, Petitioner
requested an administrative review of this Notice of Violation and temporary
relief from its abatement requirements, in the form of an extension of time to
abate.
7.
On July 17, 1984, Respondent's attorney telephoned the Hearing Officer and
stated that Respondent would not oppose Petitioner's request for temporary
relief.
8.
Respondent, by its actions, has agreed that the granting of temporary relief
shows
(a)
there is a substantial likelihood that the findings of the Director of the
Department of Natural Resources (at the full evidentiary hearing on this Notice
of Violation, currently scheduled for August 31, 1984) will be favorable to the
Petitioner, and;
(b) such temporary relief will not adversely affect the health
or safety of the public or cause