Petition to Modify Organizational Plan4
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
RECEIVED
FEB 061992
105 South Meridian Street
P.O. Box 6015
Indianapolis 46206 -6015
Telephone 317/232 -8603
OFFICE AOOFFETHE MAYOR
STATE OF INDIANA ) C Brr� Fh. THE INDIANA DEPARTMENT
SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
IN THE MATTER OF: )
PETITION TO MODIFY ) CAUSE NO. 91 -W -J -536
ORGANIZATIONAL PLAN )
CLAY TOWNSHIP REGIONAL WASTE )
DISTRICT )
RECOMMENDED DED FINDINGS OF FACT AND ORDER
OF.TEE A1JW ISTRATIVE IAAW JUDGE
FINDINGS OF FACT
1. On July 31, 1991, the Clay Township Regional Waste District filed a
Petition to Modify its Organizational Plan.
2. That Petitioner was created by Order of the Stream Pollution Control
Board of the State of Indiana dated June 3, 1975, in Cause No. B -274.
3. That following the entry of the above- referenced Order Petitioner
proceeded to organize the District for the purpose of providing for the
collection, treatment and disposal of sewage inside and outside of its
jurisdictional area.
4. That Petitioner has continuously exercised in its own name all of the
rights, powers and duties conferred upon it by I.C. 13- 3 -2 -10 since its
organization.
5. That since 1975, the District's jurisdictional territory has been
expanded twice upon application by eligible entities within the meaning of I.C.
13- 3 -2 -8.
6. That the District has just completed a sewage works project in
southeastern Boone County and will commence rendering sewage disposal service
to customers in southeastern Boone County.
7. That the interests of the District and its customers would be better
served if the Board of Trustees were to be expanded.
An Equal Opportunity Employer
Page 2
8. That Petitioner desires to modify the Final Order and Determination of
the Stream Pollution Control Board dated June 3, 1975, by striking all of
paragraph 6 thereof and adding a new paragraph 6 to read as follows:
6. That the district be governed by a nine member Board of
Trustees to be appointed as follows: (a) five members
appointed by the Clay Township Trustee, Hamilton County,
Indiana, with the concurrence of the Clay Township Board;
(b) one member appointed by the Board of Commissioners of
Hamilton County, Indiana; (c) one member appointed by the
County Council of Hamilton County, Indiana; (d) one member
appointed by the Board of Commissioners of Boone County,
Indiana; (e) one member appointed by the Mayor of the City
of Carmel, Indiana. Each member appointed prior to July 1,
1991, shall serve a four -year term consistent with his/her
original appointment. Thereafter, as such terms expire,
each new appointment shall be for a term of four years.
The new appointment made by the Board of Commissioners of
Boone County and the Clay Township Trustee shall commence
immediately and shall expire on January 1, 1993. Thereafter,
each of said new appointments shall be for a term of four
years.
9. A public hearing was held on October 3, 1991, at the offices of the
Clay Township Regional Waste District, 107 North College Avenue in Carmel,
Indiana.
10. All testimony received at said Public Hearing was in favor of the
proposed Modification.
RECOMMENDED ORDER
That the Plan of Organization of the Clay Township Regional Waste District
established by Order of the Stream Pollution Control Board on June 3, 1975, be
modified b_y striking paragraph 6 thereof and adding a new paragraph 6 to read
as follows:
6. That the district be governed by a nine member Board of
Trustees to be appointed as follows: (a) five members
appointed by the Clay Township Trustee, Hamilton County,
Indiana, with the concurrence of the Clay Township Board;
(b) one member appointed by the Board of Commissioners of
Hamilton County, Indiana; (c) one member appointed by the
County Council of Hamilton County, Indiana; (d) one member
appointed by the Board of Commissioners of Boone County,
Indiana; (e) one member appointed by the Mayor of the City
of Carmel, Indiana. Each member appointed prior to July 1,
1991, shall serve a four -year term consistent with his/her
original appointment. Thereafter, as such terms expire,
Page 3
each new appointment shall be for a term of four years.
The new appointment made by the Board of Commissioners
of Boone County and the Clay Township Trustee shall
commence immediately and shall expire on January 1, 1993.
Thereafter, each of said new appointments shall be for a
term of four years.
Dated: 1 `/ /
ames M. Garrettson
Administrative Law Judge
MAILING LIST
R. F. Campbell, Esq.
650 East Carmel Drive
Carmel, IN 46032
John W. Hensel
Clay Township Trustee
3228 East 106th St.
Carmel, Indiana 46032
Boone County Commissioners
Courthouse
Lebanon, IN 46052
Hamilton County Commissioners
Hamilton County Courthouse
Noblesville, IN 46060
Dorothy J. Hancock, Mayor
City of Carmel
1 Civic Square
Carmel, IN 46032
Michael J. Andreoli, Esq.
Boone County Attorney
129 N. Meridian Street
Lebanon, IN 46052
Office of Hearings
Indiana Department of Environmental Managment
105 S. Meridian Street
Indianapolis, IN 46206 -6015
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
STATE OF INDIANA
SS:
COUN'T'Y OF MARION
IN THE MATTER OF: )
THE PETITION TO MODIFY )
ORGANIZATIONAL PLAN )
CLAY TOWNSHIP REGIONAL WASTE )
DISTRICT )
105 South Meridian Street
P.O. Box 6015
Indianapolis 46206 -6015
Telephone 317/232 -8603
BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
CAUSE NO. 91 -W -J -536
ORDER ADOPTING THE FINDINGS OF FACT AND RECOMMENDED ORDER
OF THE ADMINISTRATIVE LAW JUDGE FOR
MODIFICATION OF ORGANIZATION PLAN
CLAY TOWNSHIP REGIONAL WASTE DISTRICT
Notice is hereby given that the Administrative Law Judge has filed with
the Commissioner of the Indiana Department of Environmental Management
(Commissioner) its "FINDINGS OF FACT AND PECOMMENDED ORDER" relative to
the petition requesting Modification of the Clay Township Regional Waste
District's Plan of Organization.
Said Findings and Recoxm nded Order are attached to this ORDER, and
consist of three pages and a mailing list.
And the Commissioner, having reviewed the attached "FINDINGS OF FACT AND
RECOMMENDED ORDER" of the Administrative Law Judge, now determines that the
proposed Modification should be permitted.
IT IS NOW ORDERED BY THE COMMISSIONER TEAT THE PLAN OF ORGANIZATION OF THE
CLAY TOWNSHIP REGIONAL WASTE DISTRICT BE PERMITTED pursuant to the terms and
conditions set forth in the attached "FINDINGS OF FACT AND RECOMMENDED ORDER"
which are adopted and approved, and deemed incorporated in this ORDER although
set out in full.
_ All of which is ORDERED at Indianapolis, Indiana this 3 c.2 day of
t`ek -tea
Commissioner, In Tana Department of
Environmental Management
An Equal Opportunity Employer