Indiana State Bd. of Health v. Lakeland Disposal Service, Inc.

Decision Date16 April 1984
Docket NumberNo. 3-983A316,3-983A316
Citation461 N.E.2d 1145
PartiesINDIANA STATE BOARD OF HEALTH, Environmental Management Board of the State of Indiana, Appellants (Plaintiffs Below), v. LAKELAND DISPOSAL SERVICE, INC., Stephen W. Shambaugh, President; David Poague; Cynthia Poague; Troy Varney; Breck Walls; Brooks Walls; Max A. Montel, and Nellil Montel, Appellees (Defendants Below).
CourtIndiana Appellate Court

Linley E. Pearson, Atty. Gen., Daniel P. Miller, Deputy Atty. Gen., Indianapolis, for appellants.

STATON, Presiding Judge.

The Indiana State Board of Health and the Indiana Environmental Management Board, hereinafter referred to as the Board, sought an injunction against landowners residing on the site of a hazardous waste dump. The trial court permitted the landowners to maintain their residences on the site provided they take certain precautions for their safety and the safety of other residences in the area. This appeal is directed to only a small portion of the judgment which requires the Board to monitor the quality of the ground water rather than the landowners. 1

Reversed and remanded.

The Board appeals from a portion of the trial court's order which provides:

"That the Defendants, David Poague and Cynthia Poague and Breck Walls shall upon demand of the Plaintiff and at reasonable frequency forward to the Plaintiff water samples from their wells for analysis in accordance with procedures for water quality monitering at sanitary landfills in Indiana as listed in Exhibit B which is attached hereto and made a part of this order for all purposes said analysis being to establish parameters as follows: Chloride, COD (Chemical Oxygen Demand) Total Dissolved Solids, Total Organic Carbon (TOC), Cadmium, Nickel, Lead, Total Chromium, Total Iron, Specific Conductance, Arsenic, pH, Manganese, Phenols, Sodium and Sulfate."

The Board contends that the effect of this order is to improperly burden it with the task of analyzing the water samples. The Board further contends that the order conflicts with 320 IAC 5-9-5 (1983 Supp.) which provides:

"Sanitary landfills and other disposal operations which are closed after promulgation of this regulation [320 IAC 5] shall be inspected by the Board or its designated agent. Following final acceptance by the Board or its designated agent, a detailed description, including a plan, shall be recorded by the owner or operator with the county's land recording authority. The description shall include general types and location of wastes, depth of fill, and other information of interest to potential land owners. The owner or operator shall maintain surface contours, continue periodic groundwater monitoring, and exercise any necessary controls over gas or leachate produced...." (Emphasis added.)

The Board correctly points out that this regulation requires the landowner to monitor the quality of the groundwater. This regulation is within the authority granted to the Board by the legislature...

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8 cases
  • State v. Palmer, 49A04-8605-CR-132
    • United States
    • Indiana Appellate Court
    • September 3, 1986
    ...error to win reversal. Johnson County Rural Electric v. Burnell (1985), Ind.App., 484 N.E.2d 989; Indiana State Board of Health v. Lakeland Disposal Service (1984), Ind.App., 461 N.E.2d 1145. In this context, "prima facie" means at first sight, on first appearance, or on the face of it. Har......
  • Sanson v. Sanson
    • United States
    • Indiana Appellate Court
    • August 8, 1984
    ...in this appeal. Thus, if Yvonne's brief shows prima facie reversible error, she will prevail. Indiana State Board of Health v. Lakeland Disposal Service, (1984) Ind.App., 461 N.E.2d 1145; Bedree v. Sandler & Sandler, (1981) Ind.App., 426 N.E.2d 707; D.H. v. J.H., (1981) Ind.App., 418 N.E.2d ...
  • Sharp v. Jones
    • United States
    • Indiana Appellate Court
    • September 17, 1986
    ...to win reversal. Johnson County Rural Electric v. Burnell (1985), Ind.App., 484 N.E.2d 989, 991; Indiana State Board of Health v. Lakeland Disposal Service (1984), Ind.App., 461 N.E.2d 1145. In this context, "prima facie " means at first sight, on a first appearance, or on the face of it. H......
  • LTV Steel Co. v. Zeller
    • United States
    • Indiana Appellate Court
    • October 30, 1997
    ...See Whitley County Rural Elec. v. Lippincott, 493 N.E.2d 1323, 1327 (Ind.Ct.App.1986) (citing Indiana State Bd. of Health v. Lakeland Disposal Serv., Inc., 461 N.E.2d 1145, 1146 (Ind.Ct.App.1984); Wallace v. Dohner, 89 Ind.App. 416, 165 N.E. 552 (1929)). Moreover, the ethical standard annou......
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