Topics:

Commissioner, Indiana Department of Environmental Management, =

Complainant,

Bunker Farms, LLC,

IDEM Case No. 2009-18320-W,

Respondent

2010 OEA 133, (09-W-E-4327)

[2011 OEA 1= 33, page 133 begins]

OFFICIAL S= HORT CITATION NAME: When referring to 2011 OEA 133 cite this case as

&nbs= p; Bunker Farms, LLC, 2011 OEA 133.

TOPICS= :

hearing<= /o:p>

enforcement

dismissal

effective date = =

Notice of Violation (NOV)

Commissioners Order (CO)

PRESIDING = JUDGE:

Catherine Gibbs

PARTY REPRESENTATIVES:

IDEM: = ; Sierra Alberts, Esq.

Respondent: = ; David Brown, Esq.

ORDER ISSU= ED:

October 6, 2011

INDEX CATE= GORY:

Water

FURTHER CASE ACTIVITY:

[none]

[2011 OEA 1= 33, page 134 begins]

STATE OF = INDIANA = ) &= nbsp; &nbs= p; BEFORE THE INDIANA OFFICE OF

&= nbsp; &nbs= p; &= nbsp; &nbs= p; ) &= nbsp; &nbs= p; ENVIRONMENTAL ADJUDICATION

COUNTY OF MARION )

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COMMISSIO= NER, INDIANA DEPARTMENT &= nbsp; )

OF ENVIRO= NMENTAL MANAGEMENT &nb= sp; )

Complainant= &= nbsp; &nbs= p; &= nbsp; &nbs= p; = )

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = )

v. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; ) &= nbsp; CAUSE NO. 09-W-E-4327

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = )

BUNKER FA= RMS LLC &= nbsp; &nbs= p; &= nbsp; )

IDEM Case= No. 2009-18320-W &= nbsp; &nbs= p; &= nbsp; )

Respondent<= span style=3D'mso-tab-count:5'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; )

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL ORDER<= /u>

<= /span>This matter having come before the Court on the Defendant’s Motion to With= draw Petition, which pleading is a part of the Court’s record.

FINDINGS OF FACT

1. &n= bsp; On or about November 19, 2009, the IDEM issued its Notice and Order of the Commissioner of the Indiana Department of Environme= ntal Management (hereinafter referred to as “the CO”) to Bunker Farms LLC (the Defendant). The Defe= ndant received the CO on November 24, 2009.

2. &n= bsp; On December 11, 2009, the Defendant filed its Reque= st for Review with the Office of Environmental Adjudication. This matter was assigned cause num= ber 09-W-E-4327.

&nb= sp;

3. &n= bsp; This matter was set for final hearing on October 6, 2011.

4. &n= bsp; On October 5, 2011 at 3:03 p.m. ET via electronic m= ail, the Defendant, Bunker Farms LLC, by its counsel, filed Defendant’s Mo= tion to Dismiss Request for Review. Later that same day at 4:18 p.m. ET, counsel filed, via electronic m= ail, Defendant’s Motion to Withdraw Petition and indicated that this was t= he motion upon which the Defendant requested the Court take action.

CONCLUSIONS OF LAW

[2011 OEA 1= 33, page 135 begins]

1. The Office of Environmental Adjudication (“OEA”) has jurisdiction o= ver the decisions of the Commissioner of the Indiana Department of Environmental Management (“IDEM”) and the parties to this controversy pursuan= t to Ind. Code § 4-21.5-7, et seq. and I.C. § 13-30-3-5.

2.      This is a Final Order issued pursuant to I.C. § 4-21.4-3-27. Findings of Fact that may be const= rued as Conclusions of Law and Conclusions of Law that may be construed as Findi= ngs of Fact are so deemed.

3.      Pursuant to 315 IAC 1-3-8(c), the Court concludes that the Defendant’s Motion = to Withdraw Petition is in proper form and should be granted.

4.      Further, the Court concludes that the Notice and Order of the Commissioner of the Indiana Department of Environmental Management issued on November 20, 2009 = to Bunker Farms LLC shall take effect immediately upon the issuance of these Findings of Fact, Conclusions of Law and Final Order.

FINAL ORDER

      = ;      IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Request for Review = is DISMISSED. All further proceedings are VACATED.

<= /p>
            You are hereby further notified that pursuant to provisions of I.C. § 4-21.5-7.5, the Office of Environmental Adjudication serves as the Ultimate Authority in the administrative review of decisions of the Commissioner of = the Indiana Department of Environmental Management. This is a Final Order subject to J= udicial Review consistent with applicable provisions of I.C. § 4-21.5. Pursuant to I.C. § 4-21.5-5-5= , a Petition for Judicial Review of this Final Order is timely only if it is fi= led with a civil court of competent jurisdiction within thirty (30) days after = the date this notice is served.

            IT IS SO ORDERED this 6th day of October, 2011 in Indianapolis, IN.

Hon. Catherine Gibbs
Environmental Law Judg= e

[2011 OEA 135: end of decision]

=

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