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Wayne Metal Prods. Co. v. Indiana Dep't of Envtl. Management

Citation: 30 ELR 20289
No. No. 90A02-9901-CV-71, 721 N.E.2d 316/(Ind. Ct. App., 01/13/2000)

The court affirms a state environmental law judge decision that dismissed as untimely a metal finishing plant's petition to review a state agency order that required the plant to pay a civil penalty and to cease discharging levels of zinc into a local publicly owned treatment works. The court first holds that the state statute concerning administrative review is facially clear and unambiguous. Requests for administrative review must be filed before the 20th day after receiving notice. The court then holds that because timely filing is a jurisdictional matter, the environmental law judge correctly determined that the plant waived its right to review by filing its request on the 20th day after receiving the notice, rather than before the 20th day after receiving notice.

The full text of this opinion is available from ELR (4 pp., ELR Order No. L-164).

Counsel for Appellant
Melanie L. Farr
Haller & Colvin
444 E. Main St., Fort Wayne IN 46802
(219) 426-0444

Counsel for Appellee
Jon Laramore, Deputy Attorney General
Attorney General's Office
Indiana Government Center South
402 W. Washington St., 5th Fl., Indianapolis IN 46204
(317) 233-4386