Details for NOTICE OF DECISION

NOTICE OF DECISION

The Indiana Department of Environmental Management (IDEM) issued a decision regarding a closure and post-closure plan for the Duke Gibson Generating Station South Ash Basin System (SW Program ID 26-UP-12) located at 1097 N 950 S, Owensville. This decision approves the closure of a portion of the coal combustion residual (CCR) surface impoundments at the facility, and it allows CCR to be permanently disposed of at the Duke Energy, LLC, Gibson Generation Station in Gibson County. The approved closure and post-closure plans are available for review online via IDEM’s Virtual File Cabinet (VFC). Please go to: http://vfc.idem.in.gov/. You can search there for approval documents using a variety of criteria. A copy of the permit decision has also been mailed to the following library:

Owensville Carnegie Public Library, 110 South Main Street, Owensville, Indiana 47665-0218

However, due to the COVID-19 pandemic, the library may be closed or have limited access. If you need assistance accessing the permit, please contact the Solid Waste Permits Section at (317) 234-9536 or toll free within Indiana at (800) 451-6027, or send an e-mail to OLQ@idem.IN.gov with the permit information in the subject line.

APPEAL PROCEDURES

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. If you seek to have the effectiveness of the permit stayed during the Administrative Review, you must also file a Petition for Stay. The Petition(s) must be submitted to the Office of Environmental Adjudication (OEA) at the following address within 15 days of the date of newspaper publication of this Notice:

Office of Environmental Adjudication

Indiana Government Center North, Room N103

100 North Senate Avenue

Indianapolis, IN 46204

The Petition(s) must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by the decision, or otherwise entitled to review by law. Identifying the permit, decision, or other order for which you seek review by permit number, name of the applicant, location, or date of this notice will expedite review of the petition. Additionally, IC 13-15-6-2 and 315 IAC 1-3-2 require that your Petition include:

1. the name, address, and telephone number 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, for the request;

6. identification of the terms and conditions which, in the judgment of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing documents of the type granted or denied by the Commissioner's action; and

7. a copy of the pertinent portions of the permit, decision, or other order for which you seek review, at a minimum, the portion of the Commissioner’s action that identifies the person to whom the action is directed and the identification number of the action.

Pursuant to IC 4-21.5-3-1(f), any document serving as a petition for review or review and stay must be filed with the OEA. Filing of such a document is complete on the earliest of the following dates:

1. the date on which the petition is delivered to the OEA;

2. the date of the postmark on the envelope containing the petition, if the petition is mailed to the OEA by United States mail; or

3. the date on which the petition is deposited with a private carrier, as shown by a receipt issued by the carrier, if the petition is sent to the OEA by private carrier.

In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Anna Mishel, IDEM, Solid Waste Permits, IGCN 1154, 100 North Senate Ave., Indianapolis, IN 46204-2251.

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.

More information on the review process is available at the website for the Office of Environmental Adjudication at http://www.in.gov/oea. hspaxlp

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