[CITE: Spencer Coal Corporation v. DNR, 2 CADDNAR 61 (1984)]
[VOLUME 2, PAGE 61]
Cause #: 84-316R
Caption: Spencer Coal
Corporation v. DNR
Administrative Law Judge: Shadley
Attorneys: Gray; Spicker, DAG
Date: December 28, 1984
ORDER
[NOTE: THE UNDERLYING
CESSATION ORDERS AND NOTICE OF VIOLATION ARE CURRENTLY ON ADMINISTRATIVE
REVIEW. AS OF SEPTEMBER 12, 2012, THE DISPOSITION OF THIS DECISION IS UNKNOWN.]
NOW
THEREFORE, based upon the above findings of fact, temporary relief from the required
abatement action contained in CO #C41204-S-00119, CO #C41203-82-93, CO #C41204-S-00127,
CO #C41203-80-170 and Notice of Violation #N41203-8-41 is granted, pending completion
of the administrative review of the Cessation Orders and Notice of Violation.
FINDINGS OF FACT
1.
The Director of the Department of Natural Resources (Director) 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.
The Director may, pursuant to IC 13-4.1-2-2(c) delegate all or any of his powers
and duties assigned to him in this article to other employees of the Department
of Natural Resources.
3.
Sue A. Shadley is an employee of the Division of Reclamation, Department of
Natural Resources.
4.
On December 28, 1984, the Director delegated to Sue A. Shadley the power to
determine whether or not to grant the temporary relief requested herein.
5.
Spencer Coal Corporation (Spencer) is a Corporation with address at PO Box 433,
Dale, Indiana and with an agent in the State of Indiana, being Richard Stowell, as designated by Spencer to the Indiana Secretary
of State.
6.
By letter dated December 18, 1984, received December 26, 1984, the Claimant
requested Temporary Relief from CO #C41204-S-00119, CO #C41203-82-93, CO
#C41204-S-00127, CO #C41203-80-170 and NOV #N41203-78-41.
7.
On December 28, 1984, the Respondent filed a Response to the Request for
Temporary Relief, wherein she stated that the Respondent does not oppose the granting
of Temporary Relief in these causes.
8.
Claimant and Respondent agree to waive the requirement of IC 13-4.1-11-8(e)
that a hearing be held before temporary relief is granted.
9. Respondent's
response is construed as a stipulation that granting temporary relief in these
causes will not adversely affect the health or safety of the public or cause
significant, imminent environmental harm to land, air or water resources.
10.
Respondent's response is construed as a stipulation that the Claimant has a
substantial likelihood of prevailing on the merits.