[CITE: Fossil Fuels Mining, Inc. v. Dept., 2 CADDNAR 24 (1985)]
[VOLUME 2, PAGE 24]
Cause #: 84-160R
Caption: Fossil Fuels Mining,
Inc. v. Dept.
Administrative Law Judge: Shadley
Attorneys: Conlon; Spicker, DAG
Date: September 24, 1985
ORDER
Respondent's
Motion for Summary Decision is granted, Notice of Violation #N40423-80-117 is
affirmed and Administrative Cause Number 84-160R is dismissed with prejudice.
FINDINGS OF FACT
1.
Fossil Fuels Mining, Inc. filed a request for hearing on Notice of Violation
#N40423-80-117.
2.
IC 13-4.1 and 310 IAC 12 apply to this proceeding.
3.
The Department of Natural Resources is an agency as the term is defined in IC
4-22-1. The Director is the ultimate authority of the Department with respect
to the subject matter and parties to this action.
4.
The Director has jurisdiction over the subject matter and parties to this action.
5.
On July 26, 1984 a Motion for Summary Decision was filed by Respondent.
6.
On April 23, 1984, Notice of Violation #N40423-80-117 was issued to Claimant.
7.
Claimant filed a request for a hearing on Notice of Violation #N40423-80-117 on
July 18, 1984.
8.
On July 10, 1984, Cessation Order #C40710-80-117 was issued Claimant for
failure to abate Notice of Violation #N40423-80-117.
9.
On July 23, 1984, Cessation Order #C40710-80-117 was terminated.
10.
IC 13-4.1-11-8 and 310 IAC 12-6-9, as modified on October 1, 1983, provide that
"a person issued a Notice of Violation. . ., or a person having an
interest which is or may be adversely affected by the issuance, modification,
vacation or termination of a notice. . ., may request in writing, review of the
action and request a hearing under IC 4-22-1 within thirty (30) days of
issuance of that notice. . ., or of its modification, vacation or termination.
. ."
11.
IC 13-4.1-11-8 and 310 IAC 12-6-9 provide that a request for review of a Notice
of Violation is to be filed within 30 days of its issuance and that a request
for review of the modification, termination or vacation of a Notice of
Violation is to be filed within 30 days of the modification, termination or
vacation, respectfully.
12.
Claimant did not file its request for review of Notice of Violation
#N40423-80-117 within 30 days of issuance of the Notice of Violation.