NOTICE OF DECISION
Indiana Department of Environmental Management
The Indiana Department of Environmental Management (IDEM) issued a permit decision for the Scott Recycling and Transfer Facility. This decision renews the transfer station’s permit for another 5 years. The transfer station is located at 7105 North, 665 West, LaGrange County, Indiana. A copy of this permit is available for review at the LaGrange County Library located at 315 North Norton Street, Shipshewana, Indiana.
It can also be viewed online at IDEM’s Virtual File Cabinet (VFC) web site.
Go to http://220.127.116.11/Pages/Member/Search.aspx, which is VFC’s “Document Search” page. Once there, select “SW Program ID” from the Index dropdown menu, and type the facility permit number, 44-03, in the Value field. Click the Search button, which will produce one or more links to the documents for this facility. Then click twice on the column header Document Date to sort the documents so that the most recent appear first. To review the decision, click view next to the most recent documents listed. If the permit decision is not yet available when you first try, try again later, it will soon be posted.
Challenging this Decision
If you disagree with this decision and wish to challenge it, IC 13-15-6-1 and IC 4-21.5-3-7 require that you file a petition for administrative review. If you want the permit put on hold during this administrative review (“stayed”) you must also file a petition for stay. These petitions must be submitted to the Office of Environmental Adjudication (OEA) at the following address within 15 days of your receipt of this notice:
Office of Environmental Adjudication
Government Center North, Room 501,
100 North Senate Avenue
Indianapolis, Indiana 46204-2241
You will need to include the following in your petitions:
1. Information identifying the decision you are appealing, including the following:
- name of the facility
- name of the applicant/permittee
- permit number
- date of this notice
2. Information showing you are either:
- the applicant
- someone “aggrieved or adversely affected” by the decision, i.e., the decision has a negative impact on you, or
- someone otherwise entitled by the law
3. Your name and address, or that of the person making the request that you represent
4. Your interest in the decision, or the interest of the person you represent
5. Identification of any persons represented by the person making the request
6. The reasons for the request, with particular detail
7. The issues involved, with particular detail
8. Identification of appropriate new permit terms and conditions that you would like to see used to replace existing ones in the permit that you feel do not comply with the laws governing this kind of permit
Deadlines and Timeframes
Please remember that you must file your petition(s) within 15 days of the date you received (“are served”) this notice. IC 13-15-6-7(c) states a notice is served when either:
1. You are personally given the notice, or
2. Three days after the notice is placed into the US mail and addressed to you, i.e., the date the notice is postmarked
In addition, if you read this notice in a newspaper, the deadline is within 15 days of the date the notice was published in the newspaper.
The date your petition(s) will be considered received by (“filed with”) the OEA is based on the following:
1. If you or someone else personally brings the petition to OEA, the date you do this.
2. If you mail the petition through the regular US mail, the postmark date on the envelope containing the petition, or
3. If you send the petition to OEA through a private carrier like UPS, Federal Express, etc., the date you gave the document to the carrier, as shown by the sales receipt you receive from the carrier.
In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to John Hale, IDEM, Solid Waste Permits, MC 65-45, IGCN 1101, 100 North Senate Avenue, Indianapolis, Indiana 46204-2251.
Receiving Updates on the Status of this Decision
The OEA will provide you with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders regarding this decision if you submit a written request to the OEA. If you do not provide a written request to the OEA, you will no longer be notified of any proceedings pertaining to this decision.
How to Obtain Additional Information
If you have procedural or scheduling questions regarding your petition, you may contact OEA by dialing (800) 451-6027, press 0 and ask for extension 2-8591 or dial (317) 232-8591. Questions regarding other aspects of the permit decision should be directed to John Hale at (800) 451-6027, press 0 and ask for John Hale or extension 2-8871 or call direct at (317) 232-8871.
Please bring this matter to the attention of persons you believe may have an interest in it.
LC 86 N10/S13