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IN Dept of Environmental Management Decision REport 1995INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We make Indiana a cleaner, healthier place to live E van Bayh- Governor Kathy Prosser Commissioner _ _r .JUL 3 1995 NOTICE OF DECISION 100 North Senate Avenue P.O. Box 6015 Indianapolis, Indiana 46206-6015 Telephone 317-232-8603 Environmental Helpline 1-800-451-6027 Please be advised that the Assistant Commissioner of the Indiana Department of Environmental Management, Office of Water Management has issued a permit to HAMILTON WESTERN UTILITIES, INC., Cool Creek WWTP, 3024 East 146st Street, Carmel, Indiana, NPDES Permit No. IN 0051951. The permittee operates a semi-public wastewater treatment plant. Plant operations result in an average discharge of 0.125 million gallons per day of treated sanitary wastewater into Cool Creek located in HAMILTON COUNTY. This permit has been issued to include the following parameters to be limited and/or monitored in the discharge from Outfall No. 001: flow, CBOD5, TSS, ammonia -nitrogen, pH, dissolved oxygen and residual chlorine. Permit Writer: Mr. Jay Hanko at 317/233-0470. You have been identified in accordance with the Administrative Adjudication Act (AAA), IC 4-21.5 and are hereby notified of such decision. If you wish to appeal this decision, IC 4-21.5-3-7 requires that a petition for administrative review be filed according to the "Appeals Procedures" outlined in the enclosed GENERAL INFORMATION SIIEET. This petition must be submitted within eighteen (18) days after the mailing of this notice. The petition must be submitted to the Office of the Commissioner, and must include facts demonstrating that the petitioner is the applicant, a person aggrieved by the decision, or a person entitled to review by law. If a request to stay the effective date of this approval accompanies an appeal request, the effective date of any part of this approval within the scope of the stay request is stayed an additional fifteen (15) days. The portions of the approval for which a stay request has been filedwilltake effect at the expiration of the additional fifteen (15) days, unless or until an administrative law judge stays this approval in whole or in part. Pursuant to IC 4-21.5-3-5(d), the appointed administrative law judge will provide parties who request an appeal with notice of pre -hearing conferences, preliminary hearings, stays or orders disposing of all proceeding. Non-parties may receive such notices without intervening and formally becoming parties by providing the Department with a written request that described the subject matter of the notice requested with reasonable particularity, and is delivered to the Department at least seven (7) days prior to the date that the notice be issued. An Equal Opportunity Employer Printed on Recycled Paper Page 2 Please bring this matter to the attention of persons you believe may have an interest in it. Dated at Indianapolis, Indiana, this 29th day of June, 1995. Lonnie Brumfield, Chief Permits Section Office of Water Management Enclosure PUBLIC NOTICE GENERAL INFORMATION Appeal Procedures Any person aggrieved by the issuance of the above -referenced permits may appeal in writing to the Technical Secretary of the Water Pollution Control Board for an adjudicatory hearing on the question of whether the permit has been issued in accordance with applicable law. An appeal must be postmarked no later than the appeal date listed above. Such a written request for an adjudicatory hearing must: (1) state the name and address of the person making the request; (2) identify the interest of the person making the request; (3) identify any persons represented by the person making the request: (4) state with particularity the reasons for request; (5) state with particularity the issues proposed for consideration at the hearing; and (6) identify the permit terms and conditions which, in the judgment of the person making the request, would be appropriate to satisfy the requirements of the law governing permits of the type granted or denied by the Commissioner's action. If any person filing such objections desires any part of the permit to be stayed pending the outcome of the appeal, a specific request for such must be included in the request, identifying those parts of the permit to be stayed. Any such request shall be mailed or delivered to: Kathy Prosser, Technical Secretary Water Pollution Control Board P.O. Box 6167 Indianapolis, Indiana 46206-6 167 Additional Information Copies of the issued permit, the permit application, and other related documents are on file and may be inspected at the Indiana Department of Environmental Management, I lth Floor, Indiana Government Center North, 100 North Senate, Indianapolis, Indiana, at any time between 9:00 a.m.. and 4:00 p.m.. Monday through Friday. All these documents may be copied at a cost of 15 cents per page. A copy of the final permit is also on file with the local health department and is available for public review. Please bring the foregoing to the attention of persons whom you know would be interested in this matter.