Permit Number P-00013-T is revoked.
FINDINGS OF FACT
1. On November 18, 1987 the Director, Department of Natural Resources issued an Order to Show Cause why permit No. P-00013-T issued to Black Gold Associates, Inc. ("Black Gold") should not be revoked.
2. IC 421.5, IC 13-4.1, and 310 IAC 12-6-6.5 apply to this proceeding.
3. On December 9, 1987 Black Gold requested a public hearing under IC 4-21.5. The Director appointed Tim Rider, administrative law judge, to conduct the proceeding.
4. Under the applicable law, when the Director determines that a pattern of violations of any requirements or any permit conditions exists or has existed, and that the violations were caused by the permittee willfully, or through unwarranted failure to comply with those requirements or conditions, he is required to issue an order to the permittee requiring him to show cause why the permit and permittee's right to mine should not be suspended or revoked.
5. The Director may determine a pattern of violations exists or has existed based on two or more inspections of the permit area within any 12 month period.
6. The Director must consider the number of violations cited, on more than one occasion, of the same or related legal requirements; the number of violations, cited on more than one occasion, of different requirements; and the extent to which the violations were isolated departures from lawful conduct.
7. In his order the Director listed six violations issued to Black Gold between November 11, 1986 and September 14, 1987 which he determined to be unwarranted and willful violations which constituted a pattern of violations under applicable law.
8. At Hearing, evidence was presented as to the existence of five of the violations listed in the order to Show Cause.[FOOTNOTE 1]
9. Rod Mullins of Black Gold argued that some of these violations had been vacated and therefore there was no pattern but produced no evidence to establish that contention.
10. Mike Anderson of the Division of Reclamation testified that the only vacations that occurred in regard to the Order to Show Cause applied to Cessation orders related to the violations in question and that none of the actual Notices of Violation had been vacated.
11. Evidence was also presented that there were three settlement agreements signed by Black Gold and the Department subsequent to the issuance of the order to Show Cause.
12. These settlement agreements were never executed because in each instance Black Gold failed to carry out its obligations within the agreed upon time frame.
13. Rod Mullins of Black Gold maintained that the execution of these settlement agreements extinguished the Order to Show Cause and that the Director must file a new order to continue this matter.
14. Black Gold accrued at least five violations during period November 11, 1986 through August 14, 1987, none of which were vacated, which established a pattern of violations under applicable law.
15. Black Gold's pattern of violations shows an unwarranted failure to comply with the requirements and conditions of the applicable law either through indifference, lack of diligence, or lack of reasonable care.
16. The Director's Order to Show Cause was properly issued and remained in effect when settlement agreements were executory. Black Gold could only relieve itself from the order by properly executing its obligations as agreed to.
17. Black Gold has failed to-show
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cause as to why its permit No. P-00013-T should not be revoked.
FOOTNOTE
1. Notice of Violation #N61114-P-00013-T November 11, 1986. Notice of Violation #N70129-P-00013-T January 29, 1987 Notice of Violation #N70302-P-00013-T March 2, 1987 Notice of Violation #N70403-P-00013-T April 30, 1987 Notice of Violation #N70814-P-00013-T August 14, 1987