NOTICE OF DECISION
Indiana
Department of
Environmental
Management
Please be advised
that the Indiana Department of Environmental Management (IDEM), Office of
Land Quality, has approved a Surface Impoundment Lagoon Closure Plan for the
Ogden Dunes Water Filtration Plant, which is located at 84 Diana Road,
Porter County, Indiana. This approval allows Indiana-American Water Company,
Inc., to close their lagoon. A copy of this closure plan approval is
available for review at the Portage Public Library located at 2665 Irving
Street, Portage, Indiana.
If you wish to
challenge this decision, IC 13-15-6-1 and IC 4-21.5-3-7 require that you
file a petition for administrative review not later than fifteen (15) days
after being served with this notice. Under IC 13-15-6-7(c) you are
considered to be served with this notice when you are personally served with
the notice or three (3) days after the notice is deposited in the United
States mail and addressed to you, whichever occurs first. Your petition
describing your intent to challenge the IDEM decision must be submitted to
the Office of Environmental Adjudication (OEA), Indiana Government Center
North, Room N501, 100 North Senate Avenue, Indianapolis, Indiana 46204-2200.
The filing of a petition for administrative review is complete on the
earliest of the following dates that apply to the filing: (1) The date the
document is delivered to the OEA, (2) The date of the postmark on the
envelope containing the document, if the document is mailed to OEA by U.S.
mail, or (3) The date on which the document is deposited with a private
carrier, as shown by the receipt issued by the carrier, if the document is
sent to the OEA by private carrier. This petition must include facts
demonstrating that the petitioner is the applicant, a person aggrieved by
the decision, or a person entitled to review by law. In order to assist the
permit staff in tracking appeals, we request that you submit a copy of your
petition to Alicia Brown, Indiana Department of Environmental Management,
Office of Land Quality, Solid Waste Permits Section, 100 North Senate
Avenue-Rm. 1154, Indianapolis, Indiana 46204-2251. Identifying the permit
decision, or other order for which you seek review by permit number, name of
the application, location, or date of this notice will expedite review of
the petition.
Additionally, IC
13-15-6-2 requires that such petition for administrative review include: (1)
The name and address of the person making the request, (2) The interest of
the person making the request, (3) Identification of any persons represented
by the person making the request, (4) The reasons, with particularity, for
the request, (5) The issues, with particularity, proposed for consideration
at the hearing, and (6) The permit terms and conditions which, in the
judgment of the person making the request, would be appropriate.
Pursuant to IC
4-21.5-3-5(d), the OEA will provide the petitioner or any person requesting
notice with notice of prehearing conferences, preliminary hearings, hearing
stays, or orders disposing of the petition for review if a written request
for such notice is submitted to the OEA at the above address. 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 Alicia Brown at (800) 451-6027, press 0 and ask for
Alicia Brown or extension 2-8734 or call direct at (317) 232-8734.
Please bring this
matter to the attention of persons you believe may have an interest in it.
(July 7, 2010)