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Court affirms permit to build new wastewater treatment plant

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The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.

In City of Gary and Gary Sanitation District v. Indiana Department of Environmental Management and City of Hobart, No. 49A02-1106-MI-553, the city of Gary, which has an agreement with Hobart to treat some of its wastewater, challenged the decision to allow Hobart to build a new treatment plant. The new plant would shut down an aging facility in Hobart and discontinue the need for Gary to handle the wastewater. In 2004, IDEM issued the permit allowing the construction of the plant along the Deep River, a tributary to Lake Michigan. The permit set mercury limits of 3.2 parts per trillion and a monthly average of 1.9 ppt per day, which are less than the limits currently allowed at the Gary facility.

Gary asked for administrative review of the permit, which the Indiana Office of Environmental Adjudication, and later the trial court, upheld.

At issue is the interpretation of 327 Indiana Administrative Code 5-2-11.7(a)(2). Gary read the code to mean that subsections (a),(b) and (c) must be read together; but IDEM, the OEA, and the trial court found that only (a) and (b) should be read together and (c) provides a separate way to meet regulation requirements. When IDEM issued the permit, it only applied subsections (a) and (b). The appellate court found IDEM’s interpretation is consistent with the plain language of the regulation, as clauses (a) and (b) are connected by “and;” there is no conjunctive language connecting those clauses with (c).

In addition, the antidegradation factors cited in (c) don’t apply to Hobart’s permit mercury discharges, noted Judge Paul Mathias. The judges also rejected Gary’s argument that issuing the permit will cause significant lowering of water quality in violation of 327 Ind. Admin. Code 5-2-11.3(a) and 5-2-11.7(a)(2).

“We conclude that IDEM’s decision to issue the Hobart Permit was neither arbitrary nor capricious, and that the decision was in accordance with the law and supported by substantial evidence,” Mathias wrote. “And, although the Hobart Permit allows a new source for discharge of mercury, because Hobart will be able to close its non-compliant Nob Hill Plant and treat its wastewater more effectively than it is currently treated by Gary’s facility, the Hobart Permit will result in an overall environmental benefit to and will not cause a significant lowering of water quality in Lake Michigan and its tributary, the Deep River.”

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

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  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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