OFFICIAL SHORT CITATION NAME: When referring to 2009 OEA X, cite this case as

Objection to the Denial of Excess Liability Trust Fund Claim ELTF N= o. 200401501-3,

Crystal Flash #28, Crystal Flash Petroleum, LLC,

Indianapolis, Marion County, <= st1:State w:st=3D"on">Indiana

2009 OEA 80, (07-F-J-3884)

[2009 OEA 8= 0, page 80 begins]

OFFICIAL S= HORT CITATION NAME: When referring to 2009 OEA 80, cite this case as &= nbsp;

&nbs= p; Crystal Flash #28, 2009 OEA 80.

Topics: &= nbsp;

underground storage tank

free product

excavation

reimbursement

costs

corrective action

initial site characterization

corrective action plan

tank removal

328 IAC 1-3-5(d)(14)

field screening

monitored natural attenuation (MNA)

Presiding Environmental Law Judge= :

Catherine Gibbs

Party representatives:

IDEM: = ; April Lashbrook, Esq.

Petitioner: = ; Thomas Baker, Esq., David Hatchett, Esq.; Hatchett & Hauck LLP

Order issued:

June 30, 2009

Index category:

Land

PREVIOUS C= ASE ACTIVITY:

Non-final order preceding this final order:

&nbs= p; = Crystal Flash #28, 2009 OEA 80nf in .doc format

&nbs= p; Crystal Flash #28, 2009 OEA 80nf in .pdf format

Further case activity:

[none]

[2009 OEA 8= 0, page 81 begins]

STATE OF INDIANA &= nbsp; &= nbsp; &nbs= p; ) &= nbsp; &nbs= p; BEFORE THE INDIANA OFFICE OF

&n= bsp; = ; &n= bsp; = ; ) &= nbsp; &nbs= p; ENVIRONMENTAL ADJUDICATION

COUNTY OF MARION &= nbsp; )<= /p>

IN THE MATTER OF: &= nbsp; &nbs= p; &= nbsp; &nbs= p; )

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; )

OBJECTIONS TO DENIAL OF E= XCESS &= nbsp; )

LIABILITY TRUST FUND CLAI= M &= nbsp; &nbs= p; ) &= nbsp;

NO. 200401501-3, CRYSTAL FLASH #28&n= bsp; = ; ) &= nbsp; CAUSE NO. 07-F-J-3884

CRYSTAL FLASH PETROLEUM, LLC &= nbsp; )<= /p>

INDIANAPOLIS, INDIANA &= nbsp; &nbs= p; &= nbsp; )

FINDINGS OF FACT, CONCLUSIONS

OF LAW AND FINAL ORDER

This matter having c= ome before the Court on the Joint Stipulations of Facts Concerning OEA’s February 2, 2009 Findings of Fact, Conclusions of Law and Order, filed on J= une 25, 2009, which pleading is a part of the Court’s record; and the Cou= rt, being duly advised and having read the Joint Stipulations, now finds that judgment may be entered and makes the following findings of fact, conclusio= ns of law and final order as follows:

Findings of Fact

1. On January 14, 2009, a hearing regarding the Petition for Review filed in this matter by the Petitioner, Crystal Flash Petroleum LLC was held. Evidence was presented.

2. On February 2, 2009, the presiding Environmental Law Judge (the ELJ) entered Findings of Fact, Conclusions of Law and Order in this matter.

3. The Findings of Fact entered on February 2, 2009 are incorporated into this Fin= al Order.

4. The Joint Stipulations of Fact Concerning OEA’s February 2, 2009 Findings= of Fact, Conclusions of Law and Order are adopted and incorporated into this F= inal Order.

Conclusions of Law

1.&n= bsp; This is an Order issued pursuant to I.C. § 4-21.4-3-27. Findings of Fact= that may be construed as Conclusions of Law and Conclusions of Law that may be construed as Findings of Fact are so deemed.

2. Conclusions of Law No. 1 through 14 entered on February 2, 2009 are incorporated into t= his Final Order.

[2009 OEA 8= 0, page 82 begins]

3. The Joint Stipulations of Fact Concerning OEA’s February 2, 2009 Findings= of Fact, Conclusions of Law and Order are adopted and incorporated into this F= inal Order.

Final Order

AND THE COURT= , being duly advised, hereby ORDERS, ADJUDGES AND DECREES that the IDEM, in accordance with the <= /span>Joint Stipulations of Fact Concerning OEA’s February 2, 2009 Findings of Fa= ct, Conclusions of Law and Order shall reimburse the Petitioner in the amount of $9,132.09 within thirty (30) days of the effective date of this Order.

&= nbsp;

You are hereby further = notified that pursuant to provisions of I.C. § 4-21.5-7.5, the Office of Environmental Adjudication serves as the Ultimate Authority in the administrative review of decisions of the Commissioner of the Indiana Department of Environmental Management.&nb= sp; This is a Final Order subject to Judicial Review consistent with applicable provisions of I.C. § 4-21.5. Pursuant to I.C. § 4-21.5-5-5= , a Petition for Judicial Review of this Final Order is timely only if it is filed with a civil court of competent jurisdiction within thirty (30) days after the date this notice is served.

IT IS SO ORDERED this 30= th day of June, 2009 in Indianapo= lis, IN.             =             &nb= sp;

=         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; Hon. Catherine Gibbs

            =             &nb= sp;            =             &nb= sp;            =           Environmental Law Judge

[2009 OEA 80: end of decision]

2009 OEA 80 in .doc format

2009 OEA 80 in .pdf format