[CITE: Central Disposal, Inc. v. DNR, 2 CADDNAR 38 (1985)]
[VOLUME 2, PAGE 38]
Cause #: 84-224R
Caption: Central Disposal,
Inc. v. DNR
Administrative Law Judge: Szostek
Attorneys: Ferguson; Spicker and Wahnsiedler,
DAG
Date: January 29, 1985
ORDER
[NOTE: JUDICIAL REVIEW OF
THIS ACTION AND 84-222R WAS TAKEN IN THE GREENE CIRCUIT COURT (CAUSE
#C-84-477); AND SUBSEQUENTLY DISMISSED ON FEBRUARY 14, 1991.]
1.
Cessation Order C40822, issued to Central Disposal, Inc., on August 22, 1984
was properly issued by an authorized agent of the Division of Reclamation. Administrative relief from the cessation
order is denied. The Hearing held on September 21, 1984, is found to meet the
requirements of IC 13-4.1, IC 4-22 and 310 IAC 12, for an extension of the
cessation order beyond its original 30 days. As such the cessation order shall remain
in effect until Central Disposal, Inc. shall comply with the abatement
provisions of the cessation order and until the cessation order is terminated
by the Division of Reclamation.
2.
Cessation Oder C40822 shall be amended to delete references to Dale Bland. . ., Dale Bland Trucking, Inc., and Thousand Island,
Inc.
FINDINGS OF FACT
1.
The Director is included in the definition of the word agency as used in IC
4-22-1-2 and is duly empowered to conduct administrative hearings pursuant to
IC 4-22-1.
2.
The Director may, pursuant to IC 13-4.1-2-2(c), delegate all or any of his
powers and duties assigned to him in this article to other employees of the
Department.
3.
Steven J. Szostek is an employee of the Department.
4.
CDI is an Indiana corporation with an address at R.R. #1, Switz
City, Indiana.
5.
In a letter dated September 3, 1984, Dale Bland, as President of CDI, requested
temporary relief and administrative review of Cessation Order C40822.
6.
On September 6, 1984, the Director delegated Steven J. Szostek
the power to determine whether or not to grant the temporary relief requested
by Petitioner and to conduct an administrative review of Cessation Order
C40822, pursuant to IC 13-4.1, IC 4-22 and 310 IAC 12.
7. A
Temporary Relief Hearing was held on September 11, 1984. Temporary Relief was
denied on September 12, 1984.
8.
An Administrative hearing was held on September 21, 1984, in Jasonville, Greene
County, Indiana. 9. The five-day decision requirement for temporary relief, as
stated in IC 13-4.1-11-8(e) was met.
10.
The Department, in this situation, has jurisdiction over CDI's operations.
11.
The Director properly delegated the authority to issue a Cessation Order, in
this situation, to Inspector Gregory Smith.
12.
The burden of proof was properly on CDI at the Temporary Relief Hearing.
13.
The additional wording found in the definition of "permittee"
in 310 IAC 12-1-3, that is not included in the definition found at IC
13-4.1-1-3(8), is a reasonable and necessary interpretation of the statute to
carry out the intent of the Indiana legislature.
14.
The additional wording found in the definition of "permittee"
in 310 IAC 12-1-3, that is not included in the definition found at IC
13-4.1-1-3(12), is a reasonable and necessary interpretation of the statute to
carry out the intent of the Indiana legislature.
15.
The Hearing held on September 21, 1984, met the requirements of IC
13-4.1-11-5(c), IC 13-4.1-11-8, and IC 4-22 for a continuance of the Cessation
Order beyond the original 30-day period.
16.
The material being excavated at the West Tailings Pond, Airline-Sponsler Mine, Greene County, by CDI and sold commercially
to Public Service Indiana was properly graded as sub-bituminous coal under ASTM
standards D388-77.
17.
CDI was conducting a surface coal mining operation without a required valid
Indiana surface coal mining and reclamation permit.
18.
Dale Bland (as an individual), Dale Bland Trucking, Inc., and Thousand Islands,
Inc. were found not to be conducting surface coal mining operations at the West
Tailings Pond Airline-Sponsler Mine, Greene County,
Indiana.