NOTICE OF DECISION
Indiana Department of
Environmental Management (IDEM)
IDEM issued a permit decision for the Merom Generating Station RWSII. This decision renews the landfill’s permit for another 5 years. The RWSII Landfill is located at Highway 54 West, approximately 3 miles east of Merom, Sullivan County, Indiana. A copy of this permit is available for review at the Sullivan County Public Library located at 100 South Crowder, Sullivan, Indiana.
It can also be viewed online at IDEM’s Virtual File Cabinet (VFC) website using the following steps:
1. Go to http://vfc.idem.IN.gov/, which is the VFC's “Document Search” page
2. Once there, click on the Alternate Field dropdown menu.
3. Select SW Program ID.
4. Enter the Solid Waste Program ID, 77-03, in the box to the right of the Alternate Field menu.
5. Click the Search button, which produces one or more links to the documents for this facility.
6. Click on the x out of y Pages dropdown menu to view additional pages with document links.
7. To find and review the permit decision, click the highlighted numbers in the Doc # column for the most recent dates listed. If the permit decision is not yet available when you first search, 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 4-21.5-37 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 the timeframes below:
Office of Environmental
Indiana Government Center North,
100 North Senate Avenue
Indianapolis, Indiana 46204
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
9. A copy of the pertinent portions of the permit, decision, or other order for which you seek review. At a minimum, include the portion of the Commissioner’s action that identifies the person to whom the action is directed and the identification number of the action.
Deadlines and Timeframes
Please remember that you must file your petition(s) within the following timeframes:
1. If you read this notice in a newspaper, you must file the petition within 15 days of the notice’s publication date (either the date of the printed newspaper, or the notice date given on the newspaper’s website).
2. If you received this notice by: U.S. mail, you must file the petition within 18 days of the notice postmark date (15 days from the date IDEM mailed the notice, plus 3 days because the notice was sent via U.S. mail).
3. If you received this notice by email, you must file the petition within 15 days of the date IDEM sent the email.
4. If an IDEM representative personally gave (“served”) you this notice, you must file the petition within 15 days of the date you were given the notice.
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.
3. Or, 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 Thomas Kreke, IDEM, Solid Waste Permits, IGCN 1101, 100 North Senate Avenue, Indianapolis, Indiana 46204-2251.
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
If you have procedural or scheduling questions regarding your petition, you may contact OEA by dialing (317) 233-0850.
If you have questions regarding other aspects of the permit decision, contact Thomas Kreke, the Solid Waste Permit Manager assigned to the facility, by dialing (317) 233-9468 or by e-mail at tkreke@idem.IN.gov.
Please bring this matter to the attention of persons you believe may have an interest in it.
1-22-18 – 1t hspaxlp