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Commissioner, Indiana Department of Environmental Management:
Complainant
v. Charles G. Hungler, Jr., Class I Operator’s Certificate No.
10045 and
Class A Operator’s Certificate No. 017131: Respondent
2009 OEA 83, (07-W-E-3901)
[2009 OEA 8= 3, page 83 begins]
OFFICIAL S=
HORT
CITATION NAME: When referring to 2009 OEA 83, cite this case as
&nbs= p; IDEM v. Hungler, 2009 OEA 83.
Topics: &=
nbsp;
revocation
operator’s certificate
wastewater
fraud
deception
summary judgement
Presiding Environmental Law Judge= :
Catherine Gibbs
Party representatives:
IDEM:  = ; Sierra Alberts, Esq.
Petitioner:  = ; Larry Kane, Esq.; Bingham McHale LLP
Order issued:
July 1, 2009
Index category:
Water
Further case activity:
Judicial Review: =
&nbs=
p; IDEM vs. Hungler, 49D02-0801-CC-00=
3680
(Marion Super.
[2009 OEA 8= 3, page 84 begins]
STATE OF
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; ) &= nbsp; &nbs= p; ENVIRONMENTAL ADJUDICATION
IN THE MATTER OF: = ; &n= bsp;  = ; &n= bsp; )
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
COMMISSIONER, INDIANA DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT &nbs= p; )
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
&nbs= p; Complainant &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
&nbs= p; v. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; ) &= nbsp; CAUSE NO. 07-W-E-3901
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
CHARLES G. HUNGLER, JR., CLASS I = )
OPERATOR’S CERTIFICATE NO. 10045 &= nbsp; )
And CLASS A OPERATOR’S = &nb= sp; )
CERTIFICATE NO. 017131= &nb= sp; = &nb= sp; )
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
&nbs= p; Respondent &= nbsp; &nbs= p; &= nbsp; &nbs= p; )
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL ORDER
This matter having come b= efore the Court on the Indiana Department of Environmental Management’s Mot= ion for Final Order, which pleading is a part of the Court’s record; and = the Court, being duly advised and having read the Motion for Final Order, now m= akes and enters the following findings of fact, conclusions of law and final ord= er:
Findings of Fact
1.&n= bsp; On April 9, 2007, the Indiana Department of Environmental Management (the IDEM) filed a Request for an Administrative Hearing seeking to have Charles G. Hungler’s (the Respondent) Class I Operator’s Certificate No. 10045 and Class A Operator’s Certifi= cate No. 017131 (“Certificates”) revoked because he had practiced fr= aud or deception in violation of I.C. § 13-18-11-8.
2.&n= bsp; On January 9, 2008, the presiding Environmental Law Judge (the “ELJ”) issued Findings of Fact, Conclusions of Law a= nd Final Order (the 2008 Final Order), granting the Respondent’s Motion = for Summary Judgment.
3.&n= bsp; The IDEM filed a Verified Petition for Judicial Rev= iew.
[2009 OEA 8= 3, page 85 begins]
4.&n= bsp; On May 8, 2009, Judge Theodore Sosin of the Marion Superior Court issued Findings of Fact, Conclusions of Law and Judgment sta= ting that the ELJ’s 2008 Final Order is arbitrary, capricious, an abuse of discretion, otherwise not in accordance with law, short of statutory right = and unsupported by substantial evidence. The Marion Superior Court granted the IDEM’s Verified Petition= for Judicial Review and remanded this case to the OEA to issue a new final order consistent with the Court’s ruling.
Conclusions of Law
1.&n= bsp; Pursuant to I.C. § 13-18-11-8, upon a finding that the Respondent h= as practiced fraud or deception, the Commissioner may revoke an operator’= ;s certification.
2.&n= bsp; On May 8, 2009, the Marion Superior Court entered a= n order reversing the ELJ’s grant of summary judgment to the Respondent.
3.&n= bsp; Summary judgment is entered in favor of the IDEM.= p>
4.&n= bsp; The Commissioner may revoke the Respondent’s Certificates.
Final Order
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED summary judgment = is entered in favor of the IDEM. Pursuant to I= .C. § 13-18-11-8, the Commissioner may revoke the Respondent’s Certificates.
IT=
IS SO
ORDERED this 1st day of July, 2009 in
Hon. Catherine Gibbs= p>
Environmental Law Judg= e
[2009 OEA 83: end of decision]
2009 OEA 83 in .doc format
2009
OEA 83 in .pdf format
Commissioner, Indiana Department of Environmental Management:
Complainant
v. Charles G. Hungler, Jr., Class I Operator’s Certificate No.
10045 and
Class A Operator’s Certificate No. 017131: Respondent
2009 OEA 83, (07-W-E-3901)