[CITE: Fossil Fuels M., Inc. v. Department, 3 CADDNAR 50 (1985)]
[VOLUME 3, PAGE 50]
Cause #: 85-146R
Caption: Fossil Fuels M.,
Inc. v. Department
Administrative Law Judge: Shadley
Attorneys: Conlon; Szostek, DAG
Date: June 24, 1985
ORDER
[NOTE: THE UNDERLYING NOTICES
OF VIOLATION ARE THE SUBJECTS OF 85-102R. ANOTHER RELATED ACTION IS 85-142R.]
Temporary
Relief from Notice of Violation #N50412-S-00053 is denied. Temporary Relief
from Notice of Violation #N50412-81-122 is denied.
FINDINGS OF FACT
1.
The Department of Natural Resources is an agency as the term is defined in IC
4-22-1. The Director is the ultimate authority of the Department with respect
to the subject matter of this administrative action.
2.
The Director has jurisdiction over the subject matter and the parties to t his
action.
3.
The Director may delegate any or all powers and duties assigned to him under IC
13-4.1 to other employees of the Department of Natural Resources.
4. Sue
A. Shadley is an employee of the Department of Natural Resources.
5.
By letter dated June 15, 1985, Fossil Fuels Mining Inc. ("Fossil
Fuels") requested temporary relief from Notice of Violation
#N50412-S-00053 and #N50412-81-122, and from Cessation Order #C50603-S-00053
and #C50603-81-122.
6.
By written entry dated June 17, 1985, the Director delegated to Sue A. Shadley
the power to grant or deny the temporary relief requested by Fossil Fuels.
7.
On June 21, 1985 an administrative hearing was conducted pursuant to IC 4-22-1
on these requests for temporary relief in Room 601A of the State Office
Building, 100 North Senate Avenue, Indianapolis, Indiana.
8.
Cessation Order #C50603-S-00053; and Cessation Order #C50603-81-122 was issued
for failure to abate Notice of Violation #N50412-81-122.
9. Cessation
Order #C50603-S-00053 and #C50603-81-122 have been terminated by the Respondent.
10.
310 IAC 12-6-5 provides that an authorized representative of the Director shall
terminate a Cessation Order by written notice when it is determined that the
steps necessary to abate the violation covered by the order have been
completed.
11.
Since the Cessation Orders have been terminated the actions necessary to abate
the Notices of Violation have been completed.
12.
IC 13-4.1-11-8(e) provides that pending completion of the investigation and hearing
required by subsection (a), the applicant may file with the Director a request
that the Director grant temporary relief from any notice of order issued under
this chapter.
13.
IC 13-4.1-11(e) provides that the Director may grant temporary relief, under
such conditions as he may prescribe.
14.
Temporary relief is relief to be given to the applicant, until the Director has
completed the investigation and review on the appropriateness of the notice or
order, and made his final determination whether or not the notice or order
should be affirmed, modified or vacated.
15.
Temporary Relief in the form of an extension of time to complete the required
abatement action is not necessary or appropriate when the required abatement
actions have already been completed.