(8/29/97)
STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSION OF THE DEPARTMENT OF )
ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
) Cause Nos. H-12952 and A-3262
)
ENGLISH FURNITURE INDUSTRIES, INC. )
)
ENGLISH FURNITURE COMPANY, )
)
WILLIAM E. LITCHFIELD, AND )
)
W. DAVID LITCHFIELD, )
)
Respondents. )
VIA CERTIFIED MAIL NO. P 1451 353 628 VIA CERTIFIED MAIL NO. P 451 353 629
To: Mr. William E. Litchfield Mr. W. David Litchfield
English Furniture Industries English Furniture Company
3rd and Elm Streets 711 Maple Street
French Lick, Indiana 47432 French Lick, Indiana 47432
VIA CERTIFIED MAIL NO. P 451 353 630 VIA CERTIFIED MAIL NO. P 125 738 251
Mr. William E. Litchfield Mr. W. David Litchfield
3rd and Elm Streets 711 Maple Street
French Lick, Indiana 47432 French Lick, Indiana 47432
Following is the Notice and Order of the Commissioner of the Indiana Department of
Environmental Management issued against English Furniture Industries, English Furniture Company,
William E. Litchfield, and W. David Litchfield for violations of the Indiana Code, the Indiana
Environmental Management Act, the Air Management Rules under 326 IAC 4, and the Hazardous Waste
Management Rules under 329 IAC 3.1. This Order is issued pursuant to IC 13-30-3-4, and is based on
violations found during an investigation conducted by the Office of Air Management ("OAM") and the
Office of Solid and Hazardous Waste Management ("OSHWM").
Complaint is the Commissioner (hereinafter referred to as "Complainant") of the Indiana
Department of Environmental Management (hereinafter referred to as "IDEM"), a department of
the State of Indiana created by IC 13-13-1-1.
Complainant has jurisdiction over the Respondents and the subject matter of this action.
English Furniture Industries, Inc., English Furniture Company, Mr. William E. Litchfield, and
Mr. W. David Litchfield (hereinafter referred to as "Respondents") own and/or operate an office
furniture manufacturing facility located at 200 West Church Street, English, Crawford County,
Indiana.
Previously, Mr. William E. Litchfield was the President of wood Design, Inc. ("Wood Design"),
located on Beechwood Avenue, P.O. Box 65, French Lick, Orange County, Indiana. Wood
Design completed its EPA Notification of Hazardous Waste Activity Form ("Notification Form")
on August 14, 1980, notifying as generator and underground injector of characteristic and listed
hazardous wastes, including D001, F003, F005, U002, U031, U112, U140, U154, U161, U220,
and U239. Wood Design was assigned the EPA identification number IND 006 365 951. Mr.
Litchfield is no longer employed with Wood Design.
On October 3, 1988, Mr. William E. Litchfield completed a Notification Form for Design Tech,
Inc., located at 707 Broadway, West Baden Springs, Orange County, Indiana. The Notification
Form noted that Design Tech was owned by SPP, Inc. and the mailing address for Design Tech
was P.O. Box 272, French Lick, Orange County, Indiana. Design Tech notified as a small
quantity generator of D001 and F003 hazardous waste.
On March 2, 1993, a letter was issued from Complainant to Mr. W. David Litchfield of Designe
Tech, Inc. located at 200 West Church Street, English, Crawford County, Indiana, denying its
request for a variance from 326 IAC 4-1 to burn wood products.
On March 22, 1995, at 10:00 pm, an uncontrolled fire, fueled directly by hazardous waste, was
reported by Dr. David Newkirk, an employee of Respondents. The English Fire Department
responded to the call and extinguished the fire which had occurred within an area approximately
thirty (30) yards west of the facility (hereinafter referred to as the "Burn Pit"). The English
Furniture Company and Messrs. Litchfield were notified on May 1, 1996, that IDEM considered
this event as open burning, a violation of 326 IAC 4-1.
An inspection of Respondents' facility was conducted on May 26, 1995, by Messrs. Dave Holder
and Rick Roudebush of OAM and OSHWM, respectively. Mr. William E. Litchfield informed
the representatives from IDEM that the facility had been operating as the English Furniture
Company for approximately thirteen (13) months, or April of 1994. Mr. William E. Litchfield
stated that no hazardous waste had been manifested from the facility since it initiated operations
in 1994. Mr. Roudebush observed that all containers of hazardous waste failed to retain
appropriate labels and start of accumulation dates. Additionally, the containers were not
inspected weekly for deterioration or leaks.
9 On June 8, 1995, a Waste Determination Letter was issued by Complainant to Mr. W. David
Litchfield requesting that a waste determination be performed pursuant to 329 IAC 3.1,
referencing 40 CFR 262.11, for the following containers suspected of retaining hazardous waste:
fifteen (15) fifty-five (55) gallon drums stored adjacent to the "Chemical Storage
Trailer");
Thirteen 913) fifty-five (55) gallon drums stored adjacent to or otherwise underneath
Trailer No. 1, located approximately fifty (50) yards west of the facility;
Ten (10) five (5) gallon plastic containers stored adjacent to Trailer No. 1, retaining
contaminated paint filters; and
Two (2) fifty-five (55) gallon drums located on the East Receiving Dock.
On June 6, 1996, a letter was issued by IDEM to Respondents requesting a reply to the original
Waste Determination Letter issued on June 8, 1995. On July 12, 1996, Respondents replied
noting that the facility had been destroyed by a fire and that the facility was currently under the
control of an insurance company and the Indiana State Fire Marshal. Respondents stated that the
site cleanup would begin subsequent to the Indiana State Fire Marshal's Report.
On October 28, 1996, Respondents were issued a letter from IDEM requiring the identification,
transportation, and disposal of all solid, special, and hazardous waste stored on-site by no later
than November 22, 1996. To date, Respondents have failed to meet the conditions of this letter.
On November 8, 1996, Respondents were issued a letter from IDEM describing particular areas
at the site which needed to be addressed in accordance with the requirements set forth within the
October 28, 1996, letter.
Based upon an investigation of the facility on May 26, 1995, by the OAM and OSHWM of
IDEM, and on June 4, September 19 & 20, and October 31, 1996, and January 6, 1997 by the
OSHWM of IDEM, IDEM contends that the following violations were in existence or observed
at the time of the inspections:
Pursuant to 40 CFR 262.11, a person who generates a solid waste, as defined at 40 CFR
261.2, must determine if that waste is a hazardous waste. Based upon information
gathered by IDEM, it was determined that Respondents had failed to make a hazardous
waste determination, pursuant 40 CFR 262.11, for the following:
The miscellaneous five (5) gallon pails and fifty-five (55) gallon drums located
within the remnants of the facility;
Fifteen (15) fifty-five (55) gallon drums and numerous five (5) gallon pails
stored adjacent to the Chemical Storage Trailer;
Approximately one hundred (100) containers of various lacquers, thinners, and
solvents abandoned with the Chemical Storage Trailer;
Seventeen (17) fifty-five (55) gallon drums and approximately twelve (12) five
(5) gallon pails (containing contaminated paint filters) stored adjacent to or
otherwise underneath Trailer No. 1 which, until January 1997, was located
approximately fifty (50) yards west of the facility;
Ten (10) five (5) gallon plastic containers stored adjacent to Trailer No. 1
retaining contaminated paint filters;
Two (2) fifty-five (55) gallon drums located on the East Receiving Dock;
The four (4) fifty-five (55) gallon drums located between the two (2) storage
buildings on the southern portion of the facility.
The five (5) fifty-five (55) gallon drums located east of the two (2) storage
buildings on the southern portion of the facility.
The seven (7) fifty-five (55) gallon drums located on the eastern portion of the
facility;
Pursuant to 329 IAC 3.1-1-10, 329 IAC 3.1-7-1, referencing 40 CFR 262.12(a), and 329
IAC 3.1-1-13, every hazardous waste generator, transporter or owner or operator of a
hazardous waste facility shall notify the commissioner of such activities on forms
provided by the commissioner unless such activity is exempt from the notification
requirements for hazardous waste generated by small quantity generators under 329 IAC
3.1-6. Furthermore, the commissioner shall require every hazardous waste generator,
transporter, or owner or operator of a hazardous waste facility to utilize the identification
numbers issued by the U.S. Environmental Protection Agency. Based upon information
gathered by IDEM, Respondent has not notified as a hazardous waste generator,
transporter, or owner or operator of a hazardous waste facility, and does not currently
retain a U.S. Environmental Protection Agency hazardous waste identification number.
Pursuant to IC 13-30-2-1, 329 IAC 3.1-1-10, and 40 CFR 262.34(f), no person may
commence or engage in the operation of any hazardous waste facility without having first
obtained a permit from IDEM. Specifically, a small quantity generator who accumulates
and stores hazardous waste for greater than one hundred and eighty (180) days is an
operator of a storage facility and is subject to the requirements of 40 CFR Part 264 and
the permit requirements of 40 CFR Part 270, unless it has been granted an extension to
the one hundred and eight (180) day period. Based upon information gathered by IDEM,
Respondent had accumulated and stored or otherwise abandoned the following
containers for great than one (1) year:
Fifteen (15) fifty-five (55) gallon drums and numerous five (5) gallon pails
stored adjacent to the Chemical Storage Trailer;
Approximately one hundred (100) containers of various lacquers, thinners, and
solvents abandoned within the Chemical Storage Trailer;
Seventeen (17) fifty-five (55) gallon drums and approximately twelve (12) five
(5) gallon pails (containing contaminated paint filters) stored adjacent to or
otherwise underneath Trailer No. 1, located approximately fifty (50) yards west
of the facility;
Ten (10) five (5) gallon plastic containers stored adjacent to Trailer No. 1
retaining contaminated paint filters;
Two (2) fifty-five (55) gallon drums located on the East Receiving Dock;
The four (4) fifty-five gallon drums located between the two (2) storage
buildings on the southern portion of the facility; and
The five (5) fifty-five (55) gallon drums located east of the two (2) storage
buildings on the southern portion of the facility.
Pursuant to IC 13-30-2-1, 329 IAC 3.1-1-10, and 40 CFR 264.1, no person may
commence or engage in the operation of any hazardous waste facility without having first
obtained a permit from IDEM. Specifically, hazardous waste may not be acepted by a
facility that does not retain a permit by IDEM to accept such hazardous waste. A person
accepting hazardous waste from off-site is an operator of a hazardous waste facility and
is subject to the technical requirements of 40 CFR Part 264 and the permit requirements
of 40 CFR Part 270. Based upon information gathered by IDEM, Respondents accepted
hazardous waste from off-site without obtaining a permit, as required by 40 CFR Part
270, and complying with the technical requirements of 40 CFR Part 264.
Pursuant to IC 13-30-2-1, 329 IAC 3.1-1-10, 326 IAC 4-1, and 40 CFR 264.1, no person
may commence or engage in the operation of any hazardous waste facility without
having first obtained a permit for IDEM. Specifically, a generator who engages in the
treatment of hazardous waste without a permit is an operator of a treatment facility and
in violation of and subject to the permit requirements of 40 CFR Part 270 and the
technical requirements of 40 CFR Part 264. Based upon information gathered by IDEM,
Respondents had engaged in the treatment of hazardous waste at the Burn Pit constitutes
open burning, a violation of 326 IAC 4-1. 326 IAC 4-1 states that open burning is
prohibited unoess exempted by rule or a variance has been obtained. Respondents
conducted this activity without previously obtaining an open burning variance.
Pursuant to 40 CFR 268.50(a)(1), the storage of hazardous waste restricted from land
disposal under 40 CFR 268 Subpart C is prohibited, unless the generator stores such
wastes in tanks or containers on-site solely for the purpose of the accumulation of such
quantities of hazardous waste as necessary to facilitate prper recovery, treatment, or
disposal and the generator complies with the requirements of 40 CFR 262.34. Based
upon the information gathered by IDEM, Respondent stored the following containers of
hazardous waste restricted from land disposal for greater than one hundred and eighty
(180) days without a demonstration of a need to store for purposes necessary to facilitate
proper recovery, treatment, or disposal:
Fifteen (15) fifty-five (55) gallon drums and numerous five (5) gallon pails
stored adjacent to and south of the Chemical Storage Trailer;
Approximately one hundred (100) containers of various lacquers, thinners, and
solvents abandoned within the Chemical Storage Trailer;
Approximately twenty-four (24) five (5) gallon pails of hazardous waste stored
adjacent to and north of the Chemical Storage Trailer;
Seventeen (17) fifty-five (55) gallon drums and approximately twelve (12) five
(5) gallon pails (containing contaminated paint filters) stored adjacent to or
otherwise underneath Trailer No. 1 which, until January 1997, was located
approximately fifty (50) yards west of the facility;
Ten (10) five (5) gallon plastic containers stored adjacent to Trailer No. 1
retaining contaminated paint filters;
Two (2) fifty-five (55) gallon drums located between the two (2) storage
buildings on the southern portion of the facility;
The four (4) fifty-five (55) gallon drums located between the two (2) storage
buildings on the southern portion of the facility; and
The five (5) fifty-five (55) gallon drums located east of the two (2) storage
buildings on the southern portion of the facility.
Pursuant to 329 IAC 3.1-15-4, an owner or operator of a hazardous waste storage facility
must establish financial assurance for closure of the facility. Based upon the information
gathered by IDEM, Respondent failed to establish financial assurance for closure of the
facility.
Pursuant to 329 IAC 3.1-15-8, an owner or operator of a hazardous waste storage facility
must demonstrate financial responsibility for claims arising from the operation of said
facility from sudden and accidental occurrence that caused injury to persons or property.
Based upon the information gathered by IDEM, Respondent failed to demonstrate
financial responsibility for claims arising from the operations of its facility from sudden
and accidental occurrences that cause injury to persons or property.
Pursuant to IC 13-30-2-1(11), IC 13-30-2-1(12), and 329 IAC 3.1-7-3, a person may not
cause or allow the transportation of a hazardous waste without a manifest if a manifest is
required by law and, in addition, a person may not deliver any hazardous waste to a
hazardous waste facility that is not approved or does not hold a permit from IDEM.
Based upon the information gathered by IDEM, Respondent transported seventeen (17)
fifty-five (55) gallon drums of hazardous waste without a hazardous waste manifest from
the former Design Tech, Inc. facility in French Lick to Respondent's current facility in
English.
Pursuant to IC 13-30-2-1(1), IC 13-20-2-1(3), IC 13-30-2-1(4), and IC 13-30-2-1(8), a
person shall not discharge, emit, cause, allow any contaminant or waste, including any
noxious odor, either alone or in combination with contaminants from other sources into
the environment in any form that causes or would cause pollution that violates or would
violate rules, standards, or discharge or emission requirements adopted by the
appropriate board under the environmental management laws. Additionally, a person
shall not deposit any contaminants upon the land in a place and manner that creates or
would create a pollution hazard that violates or would violate a rule adopted by one (1)
of the boards. Moreover, a person shall not conduct any salvage operation or open dump
by open burning or burn, cause, or allow the burning of any solid waste in a manner that
violates either the air pollution control laws or the rules adopted by the air pollution
control board. Based upon the information gathered by IDEM, Respondent allowed the
following contaminants or wastes to be burned or otherwise deposited upon the land in a
manner that caused or threatened to cause pollution hazard in violation of one (1) or
more rules adopted by one (1) of the board.
Various spills from no less than six (6) fifty-five (55) gallon drums of hazardous
waste stored underneath Trailer No. 1;
Various spills from the five (5) gallon pails and fifty-five (55) gallon drums of
hazardous waste stored adjacent to the Chemical Storage Trailer. Sampling
performed by IDEM indicates the presence, in high levels, of nine (9)
compounds, including 2, 6 dimethyl-2-octene and methylethylbenzene;
Various spills from the four (4) fifty-five (55) gallon drums of hazardous waste
stored between the two (2) storage buildings on the southern portion of the
facility'
The debris, formerly retained within a twenty (20 cubic yard roll-off box, located
east of the two (2) storage building buildings on the southern portion of the
facility;
The greater than one hundred (100) waste tires deposited or otherwise stored
along the southern embankment of the facility;
The pile of debris placed adjacent to the Burn Pit and within the remnants of the
facility, including, but not limited to, microwaves, video cassette, recorders,
televisions, and other abandoned electronic equipment;
The debris and other contamination resulting or otherwise derived from the
disposal and subsequent combustion of hazardous waste within and around the
Burn Pit;
The ten (10) empty fifty-five (55) gallon drums stored adjacent to the Chemical
Storage Trailer; and
The wood and plastic debris and other metallic wastes scattered across the
western and northwestern portion of the facility.
Pursuant to 40 CFR 262.34(d)(4), referencing 40 CFR 262.34(a)(3), while being
accumulated on-site, each container holding hazardous waste must be labeled or marked
clearly with the words "Hazardous Waste." Based upon the information gathered by
IDEM, Respondents failed to mark its containers of hazardous waste with the words
"Hazardous Waste."
Pursuant to 40 CFR 262.34(d)(4), referencing 40 CFR 262.34(a)(2), the start of
accumulation period must be clearly marked on each container holding hazardous waste.
Based upon the information gathered by IDEM, Respondents failed to mark its
containers of hazardous waste with the date upon which each period of accumulation had
began.
Pursuant to 40 CFR 265.171, as referenced by 40 CFR 262.34(d)(2), if a container
holding hazardous waste is not in good condition, or if it begins to leak, the owner or
operator must transfer the hazardous waste from this container to a container that is in
good condition, or manage the waste in some other way that complies with the
requirements of 40 CFR Part 265. Based upon the information gathered by IDEM,
Respondents failed to alternatively manage or transfer the contents of its containers of
hazardous waste into other containers in good condition.
Pursuant to 40 CFR 265.173(a), as referenced by 40 CFR 262.34(d)(2), a container
holding hazardous waste must always be closed during storage, except when it is
necessary to add or remove waste. Based upon the information gathered by IDEM,
Respondents failed to maintain numerous hazardous waste containers in a closed
condition.
Pursuant to 40 CFR 265.173(b), as referenced by 40 CFR 262.34(d)(2), a container
holding hazardous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak. Based upon the information gathered by IDEM,
Respondents stored numerous hazardous waste containers in a manner which allowed the
containers to leak.
Pursuant to 40 CFR 265.174, as referenced by 40 CFR 262.34(d)(2), the owner or
operator must inspect areas where containers are stored, a least weekly, looking for leaks
and for deterioration caused by corrosion or other factors. Based upon the information
gathered by IDEM, Respondents failed to conduct weekly container inspections for its
numerous containers of hazardous waste.
Pursuant to 40 CFR 262.34(d)(5)(iv)(C), in the event of a fire, explosion, or other release
which could threaten human health outside the facility or when the generator has
knowledge that a spill has reached surface water, the generator must immediately notify
the National Response Center and report the following information:
The name, address, and U.S. EPA Identification Number of the generator;
Date, time, and type of incident;
Quantity and type of hazardous waste involved in the incident;
Extent of injuries, if any; and
Estimated quantity and disposition of recovered materials, if any.
Based upon the information gathered by IDEM, Respondents failed to immediately
notify the National Response Center and provide the information delineated above
subsequent to the fires which occurred at the facility on March 22, 1995, and March 21,
1996.
Pursuant to 40 CFR 265.31, as referenced by 40 CFR 262.34(d)(4), facilities must be
maintained and operated to minimize the possibility of a fire, explosion, or any
unplanned sudden or non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water which could threaten human health or the
environment. Based upon the information gathered by IDEM, Respondents failed to
maintain and operate their facility in a manner that would minimize the possibility of a
fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water which could threaten human
health or the environment.
Pursuant to 40 CFR 265.32(d), as referenced by 40 CFR 262.34(d)(4), all facilities must
be equipped with water at adequate volume and pressure to supply water hose streams, or
foam producing equipment, or automatic sprinklers, or water spray systems. Based upon
the information gather by IDEM, Respondents failed to provide water at adequate
volume and pressure at its facility as evidenced during the fire on March 21 1996.
Pursuant to 40 CFR 265.35, as referenced by 40 CFR 262.34(d)(4), the owner or
operator must maintain aisle space to allow the unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment to any
area of facility operation in an emergency. Based upon the information gathered by
IDEM, Respondents failed to maintain adequate aisle space for access to its containers of
hazardous waste.
Pursuant to 40 CFR 265.37, as referenced by 40 CFR 262.34(d)(4), the owner or
operator must attempt to make arrangements with local authorities concerning the type of
waste handled at his facility and the potential need for the services of these
organizations. Based upon the information gathered by IDEM, Respondents failed to
make arrangements with local authorities concerning the type of waste handled at the
facility and the potential need for the services of these organizations.
Pursuant to IC 13-30-3-3, IDEM issued Notices of Violation to:
Mr. William E. Litchfield, President Mr. David Litchfield
English Furniture Company English Furniture Company
3rd & Elm Streets 711 Maple Street
French Lick, Indiana 47432 French Lick Indiana 47432
Mr. W. David Litchfield
English Furniture Industries, Inc.
711 Maple Street
French Lick, Indiana 47432
Respondents received the Notices of Violation on February 6 & 11, 1997 (Cause No. H-
12952), and on May 2, 1997 (Cause No. A-3262).
The Notices of Violation each contained an offer to enter into an Agreed Order
containing actions required to correct the violations.
Settlement conferences were not held in order to discuss settlement and terms for an
Agreed Order.
More than sixty (60) days have elapsed since Respondents were offered the opportunity
to enter into an Agreed Order.
The Respondents have not entered into an Agreed Order resolving these violations.
The Respondent shall immediately cease and desist violation of the Indiana Code and the
Hazardous Waste Management Rules under 329 IAC 3.1 and the Air Management Rules
of 326 IAC 4-1.
Upon the effective date of the Order, Respondent shall properly characterize, secure,
transport, and dispose of all solid, special, and hazardous waste currently stored,
disposed, or otherwise managed at its facility.
Within thirty (30) days of the effective date of the Order, Respondent shall submit a
closure plan addressing the following areas, in accordance with 40 CFR 264 Subpart G,
to IDEM for approval.
Fifteen (15) fifty-five (55) gallon drums and numerous five (5) gallon pails
stored adjacent to and south of the Materials Storage Trailer;
Approximately one hundred (100) containers of various lacquers, thinners, and
solvents abandoned within the Materials Storage Trailer;
Approximately twenty-four (24) five (5) gallon pails of hazardous waste stored
adjacent to and north of the Materials Storage Trailer;
Seventeen 917) fifty-five (55) gallon drums and approximately twelve (12) five
(5) gallon pais (containing contaminated paint filters) stored adjacent to or
otherwise underneath Trailer No. 1 which, until January 1997, was located
approximately fifty (5) yards west of the facility;
Ten (10) five (5) gallon plastic containers stored adjacent to Trailer No. 1
retaining contaminated paint filters;
Two (2) fifty-five (55) gallon drums located on the east Receiving Dock;
The four (4) fifty-five (55) gallon drums located between the two (2) storage
buildings on the southern portion of the facility;
The five (5) fifty-five gallon drums located east of the two (2) storage buildings
on the southern portion of the facility; and
The Burn Pit located approximately thirty (30) years west of the facility.
Upon IDEM's approval of the closure plan, referenced in Order No. 3, Respondent shall
implement the approved plan in accordance with the timeframes contained therein.
Within thirty (30) days of the effective date of the Order, Respondent shall establish
financial assurance, pursuant to 329 IAC 3.1-15-4, for closure of the various areas
described within Order No. 3
Within thirty (30) days of the effective date of the Order, Respondent shall demonstrate
financial responsibility, in amounts specified pursuant to 329 IAC 3.1-15-8, for claims
arising from the operation of said facility from non-sudden occurrences that cause injury
to person and property.
All submittals required by this Commissioner's Order shall be sent to (unless notified
otherwise in writing):
Matthew T. Klein
Hazardous Waste Section
Office of Enforcement
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 6015
Indianapolis, Indiana 46206-6015
Respondents are assessed a Civil Penalty of $142,500 dollars. Said Penalty amount shall
be due and payable to the Environmental Management Special Fund within thirty (30)
days of receipt of notice of the adoption of this Order by the Complainant.
The civil penalty is payable by check to the Environmental Management Special Fund.
Checks shall include the Cause Number and shall be mailed to:
Cashier
Indiana Department of Environmental Management
100 North Senate Avenue
P.O. Box 7060
Indianapolis, Indiana 46206-7060
Pursuant to IC 13-30-3-5, this Order takes effect twenty 920) days following receipt unless you
request review of this Order, before the twentieth day after receipt, by filing a written request for review
with the Office of Environmental Adjudication, and serving a copy of the request for review upon the
Commissioner of the Indiana Department of Environmental Management. Pursuant to IC 4-21.5-3-7, you
may request that the Office of Environmental Adjudication conduct a hearing tor review this Order,
under IC 4-21.5, in its entirety, or you may limit your request for review to specific findings of fact
and/or orders contained in this Order.
Request for review must be submitted to the Office of Environmental Adjudication and the
Commissioner of the Indiana Department of Environmental Management at the following address:
Director Commissioner
Office of Environmental Adjudication Indiana Department of Environmental Management
ISTA Building Indiana Government Center North
150 West market Street, Suite 618 100 North Senate Avenue
Indianapolis, Indiana 46204 P.O. Box 6015
Indianapolis, Indiana 46206-6015
Failure to properly submit a request for review, before the twentieth day following receipt of this
Order of the Commissioner, waives your right to administrative review of this Order pursuant to IC 4-
21.5-3-7 and your right to judicial review of the Order pursuant to IC 4-21.5-5-4. The request for review
must contain the following information:
A statement of facts demonstrating that:
You are the person to whom this Order is specifically directed;
You are aggrieved or adversely affected by this Order; or
You are entitled to review by law.
The following information should be included in order to expedite review by the Office of
Environmental Adjudication:
Identification of the cause number of this Order, the specific findings of fact and/or orders to be
reviewed, and the legal basis for your challenge to this Order. In addition, your request for review should
include the name, address, and phone number of the entity or individual to whom this Order is
specifically directed. If you have procedural or scheduling questions regarding your request for review
you may contact the Office of Environmental Adjudication at (317) 232-8591.
DATED AT INDIANAPOLIS, INDIANA
THIS DAY OF , 1997.
Signed August 29, 1997
John M. Hamilton
Commissioner
Converted by Andrew Scriven