1. Permit Number 32262 is revoked.
2. Pursuant to IC 13-8-15-2, Bouchie Oil Company is ordered to immediately plug and abandon the well and properly dispose of waste fluids on the site of Permit Number 32262.
3. The director is authorized to order the forfeiture of Bond Number 27 S 3617 BCA issued by Aetna Casualty & Surety Company for Permit Number 32262.
4. Pursuant to IC 13-8-15(c), a lien in the name of the State of Indiana is placed on all casing and equipment located on or removed from the well site, and on the leasehold of the land upon which Permit Number 32262 is located.
FINDINGS OF FACT
1. On August 29, 1994, the department of natural resources (the "department") filed a Complaint for Issuance of an Order to Revoke Permit Number 32262 and Forfeit Surety Bond (the "complaint") with the Division of Hearings of the Natural Resources Commission (the "commission").
2. Named in the complaint were the permittee, Bouchie Oil Company, and the surety, Aetna Casualty & Surety Company.
3. Time Rider was assigned this case as the commission administrative law judge (ALJ).
4. IC 4-21.5, IC 13-8, 310 IAC 0.6, and 310 IAC 7 apply to this proceeding.
5. The department is an agency as defined in IC 4-21.5-1-3.
6. As defined in IC 4-21.5-1-15, "ultimate authority" means the individual or panel in whom the final authority for an agency is vested.
7. Pursuant to IC 4-21.5, and IC 13-8, the commission is the ultimate authority for this proceeding.
8. This case is before the ALJ by Motion for Summary Judgment filed by the department on April 3, 1995. Neither respondent chose to file an answer or a cross-motion.
9. No genuine issue of material fact is in dispute in this case.
10. On December 23, 1993, the department issued a notice of violation (NOV) against the well on Permit Number 32262.
11. This NOV has not been abated by the permittee even though he assured the ALJ that he intended to do the same.
12. Pursuant to IC 13-8-15-1(5) the commission may revoke a permit subject to an NOV which has been unabated within the prescribed period, if no extension of time to abate has been granted, and no administrative review under IC 4-21.5 has been applied for.
13. The department maintains, by affidavit of James B. AmRhein, that no extension of time to abate was requested by Bouchie.
14. The ALJ takes judicial notice of the fact that no administrative review was requested for this NOV
15. Based on the above, the department is entitled to judgment as a matter of law, and its Motion for Summary Judgment is granted.