[CITE: Theba Corp. v. Department, 1 CADDNAR 82 (1984)]
[VOLUME 1, PAGE 82]
Cause #: 83-148R
Caption: Theba
Corp. v. Department
Administrative Law Judge: Shadley
Attorneys: Abbott; Spicker, DAG
Date: August 31, 1984
ORDER
It
is ordered this date as follows: Notice of Violation #N31206-81-217, Violation
2 of 2 and Cessation Order #C40320-81-217 are affirmed.
FINDINGS OF FACT
1. The
Director of the Department of Natural Resources (Director) is included in the
definition of agency and is duly empowered to conduct administrative hearings
pursuant to IC 4-22-1.
2. Theba Corporation is a corporation with address 100 East
Spring Street, New Albany, Indiana and with agent resident in the State of
Indiana being Charles MacGreggor, as designated by Theba to the Indiana Secretary of State.
3.
The Director has jurisdiction over the subject matter and the parties to this
administrative action.
4.
On December 6, 1983, Notice of Violation #N31206-81-217,
was issued by an authorized representative of the Director to Theba Corporation.
5.
Notice of Violation #N31206-81-217, Violation 2 of 2, cited petitioner to
failure to backfill and grade in order to restore the approximate original
contour of the land with all highwalls, spoil piles
and depressions eliminated.
6.
On March 20, 1985, Cessation Order #C40320-81-217 was issued by an authorized
representative of the Director to Theba Corporation.
7.
Cessation Order #C40320-81-217 Violation 1 of 1 cited petitioner for failure to
abate Notice of Violation #N31206-81-217, Violation 2 of 2.
8.
Notice of Violation #N31206-81-217, Violation 2 of 2 was lawfully and properly
issued.[FOOTNOTE i]
9.
Cessation Order #C40320-81-217 was lawfully and properly issued.[FOOTNOTE ii]
10.
Continuation of the Temporary Relief is not proper.[FOOTNOTE iii]
FOOTNOTES
i. This finding is based upon the stipulation of the
parties.
ii. This finding is based upon the stipulation of the parties.
iii. The provision of temporary relief is only an interim measure allowed
pending the full hearing on the merits of a case. There is no authority to
legally grant temporary relief from a notice of violation or cessation, which
has been affirmed after a full hearing.