1. The index to NORTHERN INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES includemore than 100 references to subjects which may be viewed, though not necessarily exclusively, in terms of governmental coordination and streamlining.

  2. To be noted, however, is that the Indiana Department of Environmental Management has denied Section 401 general permit water quality certification for activities in these smaller wetlands. As a result, the state agency yet exercises jurisdiction. Public Notice: Reissuance of Nationwide Permits in the State of Indiana, Army Corps of Engineers (March 10, 1992). 33 CFR 330.

  3. For a discussion of 327 IAC 15, see the Water Pollution Control Board Rules in the Water Quality chapter.

  4. IC 14-10-2-4.

  5. "A pier which qualifies as a temporary structure may be placed on a public freshwater lake without a 'written permit' where nine conditions are satisfied. 310 IAC 6-2-14(a). In effect, this rule section creates a 'statewide permit' or regulatory exemption from the requirements" of IC 14-26-2. DNR v. Town of Syracuse, et al., 7 Caddnar 101, 102 (1995).

  6. 310 IAC 6-1-17 and 310 IAC 6-1-19.

  7. IC 13-13-5. See also 33 USC 1342(b).

  8. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUPS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶178 and ¶179 (1996).

  9. 33 USC 1341.

  10. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶45 (1996). This paragraph also discusses the "public interest review" process developed by the US Army Corps under 33 USC 1344 as set forth in 33 CFR 320.4(a).

  11. Primacy of Section 404 permits is typically called "assumption."

  12. 33 USC 1344(g) and (h).

  13. Personal communication with Margaret Bostwick, Michigan 404 Program Coordinator (Sept. 1996).

  14. 42 USC 300g, et seq.

  15. Personal communication with Kimberly Harris, U.S. Environmental Protection Agency, Safe Drinking Water Branch, Region 5 (Nov. 1996).

  16. 2 Rogers, Groundwater--Federal Law, ENVIRONMENTAL LAW Sec. 4.8(B)(2)(1986).

  17. 42 USC 300h.

  18. 40 CFR 144.6.

  19. Personal communication with Ross Micham, U.S. Environmental Protection Agency, Region 5 (Nov.1996).

  20. IC 14-37-3-12 and IC 14-11-3-1.

  21. Personal communication with Michael Nickolaus, Division of Oil and Gas, Department of Natural Resources (July 1996).

  22. Personal communication with Ross Micham, U.S. Environmental Protection Agency, Region 5 (Nov. 1996).

  23. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶139 (1996).

  24. IC 36-7-7-7.

  25. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶112 (1996).

  26. IC 14-13-2-6.

  27. IC 14-13-2-18.

  28. IC 14-13-3-10.

  29. IC 14-13-3-4.

  30. The resolution noted the findings of the ad hoc committe should include:

    1. A study of the current status of the regulatory processes in order to evaluate any currently existing overlapping, confusing, or contradictory regulations, as well as any past or current efforts by federal or state regulatory authority to implement a streamlined regulatory process.


    2. A suitable and timely process for developing criteria and standards to evaluate sediments from Lake Michigan and its tributaries, relative to the location of their disposal, particularly for those areas not included within the Remedial Action Plan of the Grand Calumet River and the Indiana Harbor Ship Canal.


    3. All reasonable methods to encourage the use of sandy materials both within and outside Lake Michigan and its tributaries for beach nourishment along the shoreline of Lake Michigan with special emphasis on evaluation of technologies and strategies for assisting Lake Michigan shoreline communities experiencing beach erosion. In determining whether to use the sandy materials for beach nourishment, consideration should be given as to whether the materials would create an unreasonable risk to human health, aquatic life, and wildlife.


    4. An evaluation of the potential utilization of an ombudsman, facilitator or mediator program to assist in the judicious and timely resolution of permit applications. This evaluation should include potential conflict with existing state law, as well as the feasibility and manageability of such a program.


    5. The development of joint agency teams to encourage prompt permit review, and where a dispute arises, an open opportunity for dispute resolution. Included may be a consideration of the efficacy of assistance from the Lake Michigan Coastal Coordination Program or a similar entity.


    6. The development of combined or joint agency permits.


    7. The exploration of other mechanisms for efficiently sharing regulatory authority.


    8. The development of an effective public input and participation component of the ad hoc committee process.


    Resolution of the Lake Michigan Marina Development Commission Encouraging Streamlined Regulatory Processes, December 27, 1996.
  31. IC 14-30-3-5 and IC 14-30-3-19.

  32. IC 14-30-1.

  33. IC 14-30-2.

  34. IC 14-33-1-1.

  35. IC 14-33-3-1.

  36. See In re City of Fort Wayne's Petition to Establish a Conservancy District, 484 N.E.2d 584 (Ind. App. 1985).

  37. IC 13-26.

  38. P.L. 10, 1990.

  39. Personal communication with Tim Method, Deputy Commissioner, Indiana Department of Environmental Management (September 1996).

  40. IC 13-21.

  41. Walsh, Wetland rules tough to navigate, HAMMOND TIMES (July 28, 1996) and accessible at the following page on the Internet: http://www.thetimesonline.com/archives/times/960728/v.wetlands.a.03.htm

  42. IC 2-5-1.1.

  43. IC 2-5-1.1 and IC 4-22-2.

  44. P.L. 1, 1995.

  45. P.L. 1, 1996.

  46. Legislative Services Agency, ADMINISTRATIVE RULES DRAFTING MANUAL (August 1990). Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS, 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶807 (1996).

  47. IC 4-1-7.1.

  48. IC 4-1.7-1-4.

  49. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORKGROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶516 and ¶798 (1996).

  50. P.L. 44, 1995 as codified at IC 4-22-2-23.

  51. IC 4-22-2-26.

  52. IC 4-22-2-28 and Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶675 (1996).

  53. IC 4-22-2-32.

  54. IC 36-9-27-53.5.

  55. SEC. 1, P.L. 98-1972, now codified at IC 13-12-4-3.

  56. See, for example, Ind. State Highway Com'n v. Ziliak, 428 N.E.2d 275, 281 (1981 Ind. App.).

  57. IC 13-12-4-4.

  58. Executive Order No. 12,372 and 3 CFR 197 (1982) as amended at 3 CFR 186 (1983). These provisions implement the Intergovernmental Cooperation Act of 1968 (particularly as codified at 42 USC 4231(a)).

  59. See also IC 4-12-1-14(b)(3). Instructions for application of the process are set forth by the Indiana State Budget Agency in Financial Management Circular #87-3.

  60. EPA Streamlining, SCIENCE & TECHNOLOGY, 396A (Sep. 1995).

  61. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶43 (1996).

  62. Meeting Minutes of Natural Resources Commission (January 20, 1998) found at http://www.state.in.us/nrc/jan20-98.htm/

  63. This page is located at http://www.state.in.us/

  64. This keyword search mechanism is located at http://www.state.in.us/legislative/bills.html

  65. This keyword search mechanism is within a program called CADDNAR and is located at the following address: http://www.state.in.us/cgi-bin/nrc/decision_list.pl

  66. Press Release, Office of the Governor, Evan Bayh (July 31, 1995).

  67. Except as otherwise indicated, this discussion is derived from the Mediation Pilot Project for the use of Mediation and Facilitation in Administrative Proceedings, a nonrule policy document of the Natural Resources Commission, which may be found at the following address on the Internet: http://www.state.in.us/nrc/mediproj.htm

  68. "Primacy" is discussed previously in this chapter.

  69. IC 4-21.5.

  70. The statutory chapter directed to state administrative mediation is codified at IC 4-21.5-3.5. The chapter has direct application only to state agencies governed by the administrative orders and procedures act. These include the major health and environmental agencies: Indiana Department of Environmental Management (Office of Environmental Adjudication), Indiana State Department of Health, Department of Natural Resources (Natural Resources Commission), and State Chemist. Also included is the Indiana Department of Transportation.

    71. Some other important state agencies, such as the Utility Regulatory Commission and State Department of Revenue, are not covered or not fully covered by the AOPA. The Indiana Utility Regulatory Commission is considering the possible application of mediation to its administrative contests. This effort is being directed by the Indiana Utility Regulatory Commission ADR Subcommittee, a group which is reviewing models from other state jurisdictions pertaining to the development administrative adjudication, as well as IC 4-21.5-3.5.
  71. Possible strategies for implementing state administrative mediation are discussed under "Models" subsequently in this chapter.

  72. An IDEM Factsheet (September 1996) found at http://www.state.in.us/idem/opa/system.html

  73. Environmental Performance Partnership System (February 2, 1998 revision) at http://www.state.in.us/idem/opa/innepps.html

  74. ISDH Regulatory Reform Model (Rev. May 1996).

  75. Memorandum of Cooperation between the U.S. Environmental Protection Agency, the Indiana Department of Environmental Management, the Undersigned Parties (Aug. 17, 1996).

  76. PERMIT TRAINING CONFERENCE, Consulting Engineers of Indiana and Indiana Department of Natural Resources (Rev. July 1, 1996).

  77. Personal communication with Michael Neyer, Assistant Director for the Division of Water, Department of Natural Resources (Sep. 1996). For further information concerning the manual, contact the Permit Administration Section, Division of Water, Room W264, 402 West Washington Street, Indianapolis, Indiana 46204. Telephone: (317) 233-5635.

  78. IC 14-10-2-4.

  79. 310 IAC 6-1-15.

  80. 312 IAC 6-6.

  81. 310 IAC 6-1-20.

  82. IC 14-33.

  83. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORT: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶819 (1996).

  84. The Procedural Guidelines for the Establishment, Development, and Dissolution of Conservancy Districts may be located at the following address on the Internet: http://www.state.in.us/nrc/procedur.htm

  85. Personal communication with Matt Abriani of the Indiana Department of Natural Resources, Division of Water (April 22,1 998).

  86. P.L. 17, 1996, codified at IC 4-22-2.5

  87. 33 USC 1344.

  88. See Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶178 (1996) and Friends of the Crystal River v. U.S. E.P.A., 794 F. Supp. 674 (W.D. Mich., 1992).

  89. 33 USC 403.

  90. Michigan Department of Environmental Quality, Michigan's Administration of Section 404.

  91. Id.

  92. Personal communication with Margaret Bostwick, Michigan 404 Program Coordinator (Nov. 1996).

  93. Personal communication with Robert Piel, Assistant Director of the Land Use Program, New Jersey Department of Environmental Protection (Oct. 1996).

  94. Personal communication with Robert Piel, Assistant Director of the Land Use Program, New Jersey Department of Environmental Protection (Nov. 1996).

  95. Piel personal communication (Oct. 1996).

  96. Department of the Army, Corps of Engineers, Proposed Regulatory Guidance Letter on Programmatic General Permits, 61 FED. REG. 18575 (Ap. 26, 1996).

  97. Id.

  98. Personal communication with P. Scott Hausmann, Wisconsin Department of Natural Resources (Nov. 1996).

  99. Department of the Army, Corps of Engineers, Proposed Regulatory Guidance Letter on Programmatic General Permits, cited previously.

  100. Id. at 18576 and personal communication with Peg Bostwick (Sept. 1996).

  101. Meeting in Indianapolis, Indiana Between Indiana Department of Natural Resources and Detroit District of the Army Corps of Engineers (November 19, 1996).

  102. Personal communication with Mary Lou Rochotte, UIC Unit Supervisor, Ohio Environmental Protection Agency (Nov. 1996).

  103. Correspondence from Timothy J. Method, Deputy Commissioner for Environmental and Regulatory Affairs (January 2, 1997).

  104. Personal communication with James Slutz, Division of Oil and Gas, Department of Natural Resources (January 1997).

  105. 33 CFR 144.13.

  106. Correspondence from Timothy Method (January 2, 1997).

  107. Personal communication with Ross Micham, U.S. Environmental Protection Agency, Region 5 (Nov. 1996).

  108. Personal communication with P. Scott Hausmann, Wisconsin Department of Natural Resources (Nov. 1996).

  109. Id.

  110. Personal communication with Stuart Gansell, Pennsylvania Department of Natural Resources (Oct. 1996).

  111. Miller, Inventory of USEPA/State Permit Improvement Initiatives (August 1995). The Inventory may be located at the following address on the Internet: http://www.epa.gov/docs/OSWRCRA/hazwaste/permit/pit/permtinv.txt

  112. Personal communication with Stuart Gansell, Pennsylvania Department of Natural Resources (Oct. 1996).

  113. Indiana Department of Natural Resources, NORTHWEST INDIANA PUBLIC WORK GROUP REPORTS: 865 ANNOTATIONS BY THE INDIANA DEPARTMENT OF NATURAL RESOURCES, ¶812 (1996).

  114. Personal Communication with Bonnie Shorin, Washington State Department of Ecology (Nov. 1996).

  115. Id. The final status report (April 1995) may be obtained through Marilyn Sticklor, Co-Chair (617-482-1776).

  116. Meeting in Indianapolis, Indiana Between Indiana Department of Natural Resources and Detroit District of the Army Corps of Engineer, and unpublished printed materials distributed during the meeting by the Detroit District (November 19, 1996).

  117. E-Mail from Gary R. Mannesto (December 11, 1997).

  118. "Federal consistency" is discussed in more detail in the chapter directed to Coastal Zone Management.

  119. See discussion of "Indiana State Mediation" earlier in this chapter.

  120. Pilot Project for the Use of Mediation and Facilitation for Dispute Resolution Before the Natural Resources Commission and Before the Department of Natural Resources, 19 IND. REG. 3237-3239 (August 1, 1996). The information is also available on the Internet at the following address: http://www.state.in.us/nrc/mediproj.htm