By Gitte Laasby, Post-Tribune staff writer
Environmental groups and residents who commented on BP's new wastewater permit may be able to appeal the permit even though the appeal period is officially over.
The LaPorte County Environmental Association and the Alliance for the Great Lakes claim that the Indiana Department of Environmental Management failed to notify them that the permit was issued and inform them about appeal procedures. Several residents told the Post-Tribune the same.
State law requires that IDEM notifies "each person who submitted written comments" to a permit when a permit is issued or denied. That way people know when the appeal period starts.
IDEM says it did respond to comments, but could not confirm whether those responses included notification that the permit was issued.
IDEM spokeswoman Amy Hartsock said the state did notify a list of "interested parties," but a Post-Tribune analysis shows that list was outdated and did not include the addresses given by the people who commented.
If IDEM did, indeed, fail to notify people, that could be the basis for asking the Indiana Office of Environmental Adjudication for permission to file a belated appeal, said Lew Beckwith, a Baker & Daniels partner and environmental lawyer.
"You might be allowed to file a belated appeal. It's certainly an argument that ought to be addressed," Beckwith said.
Catherine Gibbs, environmental law judge with the OEA, confirmed that her office may give permission to file a belated appeal under certain circumstances.
"If you did not receive notice and you're not on time filing your appeal, we can possibly allow them to go forward with their appeal," Gibbs said.
Tom Anderson, who represented the LaPorte County Environmental Association in a letter to IDEM, said his group was never notified and that it appears IDEM did not follow the required procedure.
"That you have to find out for yourself even though you followed their process doesn't seem fair," he said. "They need to provide their notice."
Cameron Davis, president of the Alliance for the Great Lakes, said he had not seen a response to his organization's letter, either, even though he was listed as the contact person.
IDEM's Hartsock said the agency did respond to comments.
"The comments we received, along with the responses, were sent to the folks who submitted comments," Hartsock said. "I can promise you, we did mail or e-mail this post-public notice addendum. Staff confirmed that e-mail and mailings were sent."
She could not say when that information was sent.
IDEM did post a notice on its Web site that the final permit had been issued.
Davis said Alliance for the Great Lakes is still considering its legal options.