January 2, 2012

Bingham McHale and Greenebaum Doll & McDonald Merger --

are now "Bingham Greenebaum Doll LLP"

Bingham McHale LLP and Greenebaum Doll & McDonald PLLC are proud to announce that as of today, the firms have merged to become Bingham Greenebaum Doll LLP, a full service law firm providing progressive business, litigation and government services. Nearly 250 attorneys serve our clients from nine offices across Indiana, Kentucky and Ohio.

You will see several operational changes now that we are Bingham Greenebaum Doll LLP. These changes are put in place to help us maintain a high level of legal excellence, and will not impact the strong, personal client-attorney relationships you have come to know and expect from us.

Visitors to www.binghammchale.com or www.greenebaum.com will be redirected to our announcement website, www.bgdlegal.com, with additional information regarding the merger. Simply click through the announcement page to visit the legacy firm websites. The existing Bingham McHale LLP and Greenebaum Doll & McDonald PLLC websites will remain in place until further notice.

The email domain name for the combined firm is @bgdlegal.com. The usernames, with only a few exceptions, will follow the format of first initial last name. For example, Tobin McClamroch's new email address will be tmcclamroch@bgdlegal.com. Legacy firm email addresses will be forwarded to each corresponding new email address. This will provide uninterrupted correspondence with your contacts at Bingham Greenebaum Doll LLP.

 

November 16, 2011

Ice Miller LLP Recognized As Leading Bond Counsel

Firm Posted Impressive Numbers in First Three Quarters of 2011

Indianapolis, Nov. 8, 2011 - Ice Miller LLP was recently recognized for its, "standout performance" in the dollar amount of bond deals in the first three quarters of 2011. Ice Miller was one of three firms mentioned in The Bond Buyer, a daily newspaper of public finance, that increased the dollar amount of deals worked on, despite lower volumes of bond issues across the country.

Ice Miller reported working on $2.7 billion of deals for the first three quarters of 2011 compared to $1.6 billion of deals for the first three quarters of 2010. The publication noted that Ice Miller more than doubled its market share nationally in the first three quarters in 2010 as compared to 2011. In the third quarter alone, the Firm worked on $1.5 billion of deals and was ranked number 10 in the nation in approving long-term municipal bonds.

"The stability of our bond practice, and indeed the increase in bond volume in 2011 is due to the depth and breadth of our bond practice. Because we practice across the full municipal finance spectrum, in any given year the issuers we represent as bond counsel may vary as to the volume of issues, but one or more sectors is usually busy. For example, our energy and public power and healthcare practices have been very active in 2011. In another year or period it may be that housing, airports, college and universities or economic development drives our workload," stated Buddy Downs, partner and chair of the Firm's Municipal Finance Practice Group. Downs' also observed that "our bond and Section 103 tax work has also expanded as we have moved into new markets like Illinois and Ohio."

The Firm currently has 22 attorneys practicing in the Municipal Finance Practice Group.

On August 19, 2011, Ice Miller announced it will combine with Schottenstein Zox and Dunn Co., LPA (SZD), the fourth largest Columbus, Ohio-based law firm, effective January 1, 2012. SZD has historically had a robust governmental practice. The law firm combination will create a regional firm of 314 lawyers with offices in Indianapolis, Columbus, Chicago, Cleveland, DuPage County, Illinois and Washington, D.C. The combined firm, which will operate as Ice Miller LLP, will rank among the top 150 largest law firms in the United States.

Ice Miller's lawyers and business professionals, through their understanding of businesses, industries, and government entities, help simplify the complexities faced by its clients. Ice Miller is committed to helping its clients achieve their legal and business goals. The Firm has offices in Indianapolis; Chicago; DuPage County, Ill.; and Washington, D.C. For additional information, visit www.icemiller.com.

This press release is intended for general information purposes only and does not and is not intended to constitute legal advice.

 

November 15, 2011

City of Carmel -- Wastewater Treatment Plant Upgrade

 

Congratulations to the City of Carmel on the national exposure their Wastewater Treatment Plant Upgrade received via the Brown & Caldwell's BC's Great Lakes Water News (Nov. 15, 2011) enewsletter.

Here is the link: http://www.bcwaternews.com/bcwn/GreatLakes/GL111511.html

The video is very well done!!

 

November 7, 2011

U.S. EPA Approves New Water Quality Standards for Chicago River System

CONTACT:  Cathy Milbourn; Milbourn.cathy@epa.gov; 202-420-8648

FOR IMMEDIATE RELEASE-- No. 11 - OPA105
CHICAGO (Nov. 6, 2011) - The U.S. Environmental Protection Agency has approved the State of Illinois' new and revised water quality standards for five segments of the Chicago and Calumet Rivers.

"In May of this year, US EPA notified the State of Illinois that upgraded water quality standards were necessary to protect the health and safety of the increasing number of people who use these rivers for recreation," said EPA Regional Administrator Susan Hedman. "We are pleased that Illinois acted quickly to adopt new standards, which will help to further the transformation of the Chicago river system from sewage canal to valuable recreational and economic asset."

"Illinois' rivers and lakes are some of our most important natural resources, and families should be able to enjoy activities like boating, fishing and swimming," said Governor Pat Quinn. "I am pleased that portions of the Chicago and Calumet Rivers will now be more available to people for recreational use, and we are committed to continuing our work to make Illinois' waterways clean and safe for the public."

"Chicago is a world-class city that deserves a world-class river," said U.S. Senator Dick Durbin. "I am glad that the EPA's notification earlier this year was met with swift action by state and local officials. By raising water quality standards, we can improve the waterways in and around Chicago and make them more accessible for future generations."

"The city of Chicago should have a safe, clean river that can be enjoyed by residents and tourists alike," said U.S. Senator Mark Kirk. "These revised water quality standards are a step in the right direction for making the Chicago River as healthy as any in America. I applaud our state and local officials who acted upon the EPA's May notification."

"The Chicago River has been polluted for far too long," said Attorney General Lisa Madigan. "These new standards will clean it so that it can be a vital natural resource enjoyed by people throughout the Chicago area."

"Today's action reaffirms the commitment of the EPA and the State of Illinois to help ensure Chicago's river system can be a clean and safe destination for Chicagoans," said Mayor Rahm Emanuel. "We are investing heavily to create recreational options around the river so that every Chicagoan has access to clean public spaces. These improved standards will help make recreational opportunities a more enjoyable experience."

The approved standards apply to the North and South Branches of the Chicago River, the North Shore Channel, the Cal-Sag Channel and the Little Calumet River. EPA continues to review the other new and revised water quality standards that the State of Illinois has proposed for the Chicago Area Waterway System and the Lower Des Plaines River.

Information about US EPA's action and a map showing the affected segments of the Chicago Area Waterway System are available at www.epa.gov/region5/chicagoriver/.

 

 

July 6, 2011

Paige E. Sansone Becomes Principal With Umbaugh

H. J. Umbaugh & Associates is pleased to announce that Paige E. Sansone has become a Principal in the Firm.

June 28, 2011

EPA Seeks Input from Small Entities on Revisions for the Lead and Copper Rule

CONTACT:  Cathy Milbourn; Milbourn.cathy@epa.gov; 202-420-8648

FOR IMMEDIATE RELEASE
WASHINGTON -- The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and non-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. The panel will focus on the agency’s development of a rule that proposes revisions to the lead and copper rule.

EPA’s reconsideration of the current rule is based on a national review of the implementation of the lead and copper rule. The review identified several areas of concern about the effectiveness of the existing regulations. The changes under consideration are intended to improve the effectiveness of the measures to safeguard public health to control lead and copper in drinking water.
             
The Regulatory Flexibility Act requires EPA to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The panel will include federal representatives from the Small Business Administration, the Office of Management and Budget, and EPA.  The panel asks a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel about the potential impacts of the proposed rule on small entities.

EPA seeks self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

Self-nominations may be submitted through the link below and must be received by July 12, 2011.

Submit online at: http://www.epa.gov/sbrefa/leadandcopper.htm

Information about the lead and copper rule: http://water.epa.gov/lawsregs/rulesregs/sdwa/lcr/index.cfm

May 24 2011

IDEM State of the Environment Report

In recognition of 25 years of environmental progress, IDEM Commissioner Thomas Easterly has released the "25th Anniversary State of the Environment 2011." This document provides a review of changes that began in 1986, recent accomplishments, and the issues and challenges which lie ahead. Information about IDEM's progress and current programs is available in the full 25th Anniversary State of the Environment 2011 report. Read full State of the Environment Report.

 

April 26, 2011

Indiana Makes Greenest Cities List

InsideINdianaBusiness.com Report

The city of Lafayette has earned a spot on The Daily Beast's list of the Top 25 Greenest Cities. The Tippecanoe County community came in at number 16 and was the only Indiana city ranked. Lafayette Mayor Tony Roswarski says the city has taken a lead in protecting the environment through several projects, including rain gardens, LED streetlights and an underground tunnel project.

News Release -- Lafayette, Ind. – Lafayette earned the 16th spot in The Newsweek Daily Beast Company’s Top 25 Greenest Cities in the United States, named April 24, 2011, in the online publication, The Daily Beast. It was the only Indiana city listed.

Rankings were determined by five equally rated criteria: percentage of eco-conscious residents; percentage of residents who say they are not eco-conscious; percentage who recycle; average weekday trips on public transportation; and homes with solar heat.

Of Lafayette’s residents, 25 percent say they think and act eco-consciously; 18 percent say they do not. Sixty percent of residents recycle, and .03 percent of homes are solar heated. Use of public transportation averaged 21,511 riders on CityBus each weekday for the 4th quarter of 2010.

“Our city’s long-standing commitment to green practices is paying off with this national recognition,” said Lafayette Mayor Tony Roswarski. “Besides the criteria measured for this Top 25, Lafayette has taken a lead in protecting our environment through numerous projects. These include rain gardens, LED streetlights, our underground tunnel project that is reducing combined sewer overflows and bicycle racks we’ve installed downtown, to name just a few.”

The city also renovated the historic building at 515 Columbia St. following Leadership in Energy and Environmental Design (LEED) standards. The building houses the city’s economic and community development departments.

CityBus is a major player, too, with its campaigns to increase ridership, its fleet that is now 25-percent hybrid buses, and installation of wind turbines now under way on its campus to generate electricity for its facilities.

“Using public transportation is one of the greenest steps a resident can take,” said CityBus General Manager Martin Sennett. “Our agreements with Ivy Tech Community College and Purdue University allow students and staff to ride fare-free. That’s one factor in our high ridership. So is the growing awareness among residents that public transportation is a wise environmental choice.”

“There’s widespread support locally for green initiatives in our business and industry community,” said Joseph Seaman, president and chief executive of Greater Lafayette Commerce. “Recently, Caterpillar announced its local plant had converted to LED lighting with the help of Kirby Risk Electrical Supply, making a significantly positive environmental impact. We also have a growing number of businesses who have become Clear Blue Green Certified, indicating their commitment to the environment.”

Tree Lafayette is also pitching in, Seaman noted. “That all-volunteer group is about to top 1,500 in its tree plantings since it was formed in 1993.”

West Lafayette, too, has earned a reputation for its environmental commitment, said Mayor John Dennis, who cited a recycling program that continually sets new records, the city’s Go Greener Commission and its $8.4 million wastewater utility upgrade that won an Environmental Protection Agency award. The utility accepts greases and food waste, in turn producing electricity.

“Our residents eagerly embrace green initiatives and have taken a leadership role in reducing waste,” Dennis said. “One example is our community’s Global Fest, which last fall had a zero-landfill goal.”

A year ago, West Lafayette took on Indiana’s voluntary Comprehensive Local Environmental Action Network (CLEAN) Community Challenge. “That includes goals of increasing recycling, purchasing an electric vehicle, using biodiesel and implementing other environmental steps,” Dennis said.

In the Daily Beast Top 25 Green Cities list, New York City took first, followed by Las Vegas, Nev., San Francisco, Washington D.C. and Albuquerque, N.M. Completing the Top 10 were Boston, Gainseville, Fla., Chicago, Philadelphia, and Baltimore, M.D.

The Daily Beast is a online news magazine owned by The Newsweek Daily Beast Company.

Source: The city of Lafayette

 

January 13, 2011

NIPSCO To Pay Millions In EPA Settlement

News Releases

MERRILLVILLE, Ind.-- Following discussions with the U.S. Environmental Protection Agency (EPA), Department of Justice (DOJ) and the Indiana Department of Environmental Management, NIPSCO today finalized a settlement outlining about $600 million in new environmental investments, conservation initiatives, and clean energy programs designed to improve the environmental and economic sustainability of northern Indiana.

"This is a major win for our customers, the environment and the communities we serve," NIPSCO CEO Jimmy Staton said. "The significant new investments and environmental projects identified in the settlement will enhance the long-term environmental and economic sustainability of northern Indiana while also creating hundreds of new jobs and delivering important new clean energy options for our customers. This collaborative, forward-looking solution will deliver tangible benefits for our environment, our customers and the communities we serve."

Outlined in the settlement are environmental controls and clean air technology that further reduce nitrogen oxide, sulfur dioxide and particulate matter emissions at the company's coal-fired electric generation facilities.

The settlement is the 17th reached by the EPA and DOJ as part of a national initiative to control emissions from coal-fired power plants under the Clean Air Act's New Source Review requirements. It follows a 2004 Notice of Violation of the EPA's New Source Review process alleging that NIPSCO made upgrades or modifications to its generating facilities in the 1980s and 1990s without obtaining the proper permits.

NIPSCO is among more than 50 U.S. electric companies receiving a Notice of Violation since 1998 as part of the EPA initiative, and NIPSCO maintains that it acted in accordance with the regulations and conducted only routine maintenance and upgrades on the units. This settlement resolves all matters related to the New Source Review and future claims through 2018.

Importantly, the investments contemplated in the settlement support and complement the environmental improvements NIPSCO has already made to date.

Continuing Environmental Investment in Northern Indiana

NIPSCO is a leader in improving air quality. Since 1990, the company has individually reduced the NOx and SO2 emissions by 70 percent with investments of more than $350 million. In part due to environmental investments by NIPSCO, northwest Indiana was designated as an attainment area in 2010 for the first time since the EPA 1990 Clean Air Act was adopted. Attainment area status is a key factor in economic and community development.

"We're proud of our environmental performance and the fact that many of the investments identified in the settlement have already been planned as part of NIPSCO's long term environmental improvement strategy," Staton said. "We currently operate one of the cleanest-burning coal fleets in Indiana. With these investments, we will continue our leadership position and further improve air quality for residents in northern Indiana."

Benefits of the Settlement

By the close of 2018, NIPSCO will invest approximately $600 million in improved environmental technology and related projects. Key benefits of these investments will include:

Cleaner Air: NIPSCO's electric generating fleet is expected to be among the cleanest in Indiana, with NOx emissions lowered by an additional 35 percent from current rates, SO2 emissions lowered by an additional 80 percent from current rates, and other benefits, such as reduced fleet vehicle emissions and improved air quality monitoring, will be achieved. These improvements will have an added benefit of helping NIPSCO achieve compliance with anticipated tighter future emission standards.

Jobs and Economic Development: Installation of new environmental controls at NIPSCO's R.M. Schahfer, Bailly and Michigan City generating stations are projected to create hundreds of new jobs for locally contracted companies during the next eight years, as well as new positions within the company.

Conservation and Clean Energy: NIPSCO also will invest $9.5 million over the next five years in new environmental conservation and clean energy projects, including:
---Working with local communities and organizations to develop new publicly available electric vehicle charging stations – powered exclusively with renewable energy
---Replacing and retrofitting diesel engines with hybrid and/or electric vehicles throughout our service territory
---Partnering with the Indiana Dunes National Lakeshore and other regional conservation groups to acquire and conserve environmentally sensitive properties in the region

Under the terms of the settlement, NIPSCO will also pay a $3.5 million civil penalty. The additional environmental investments have been planned as part of anticipated ongoing capital spending.

For more information about NIPSCO's environmental investments and energy savings tips, customers are encouraged to visit www.NIPSCO.com.

NIPSCO, with headquarters in Merrillville, Ind., is one of the nine energy distribution companies of NiSource Inc. (NYSE: NI). With more than 712,000 natural gas customers and 457,000 electric customers across the northern third of Indiana, NIPSCO is the largest natural gas distribution company, and the second largest electric distribution company, in the state. NiSource distribution companies serve 3.8 million natural gas and electric customers primarily in seven states. More information about NIPSCO is available at www.nipsco.com.

About NiSource

NiSource Inc., based in Merrillville, Ind., is a Fortune 500 company engaged in natural gas transmission, storage and distribution, as well as electric generation, transmission and distribution. NiSource operating companies deliver energy to 3.8 million customers located within the high-demand energy corridor stretching from the Gulf Coast through the Midwest to New England. Information about NiSource and its subsidiaries is available via the Internet at www.nisource.com. NI-F

Source: Northern Indiana Public Service Company

####

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Justice Department today announced a global Clean Air Act settlement with Northern Indiana Public Service Co. (NIPSCO) that will cover all of NIPSCO’s coal-fired power plants, located in Chesterton, Michigan City, Wheatfield and Gary, Ind. NIPSCO has agreed to invest approximately $600 million in pollution control technology that will protect public health and resolve violations of the Clean Air Act.

The settlement will require that NIPSCO spend $9.5 million on environmental mitigation projects and pay a civil penalty of $3.5 million. The state of Indiana has been involved in the development of this settlement and is a signatory.

“The pollution reductions achieved in this settlement will ensure that the people of Indiana and neighboring states have cleaner, healthier air to breathe,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is committed to advancing its national enforcement initiative to reduce air pollution from the largest sources of emissions.”

“This settlement will bring substantial reductions in sulfur dioxide, nitrogen oxides, particulate matter and carbon dioxide emissions that will benefit the health and environment of residents across Indiana and the surrounding area,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Under the settlement, NIPSCO will achieve compliance with the Clean Air Act and reduce emissions from its entire coal-fired power plant system. This marks another positive step in our efforts, alongside EPA, to target large sources of air pollution and to bring about system and region-wide change.”

Under the settlement, NIPSCO will install pollution control technology at three of its four coal-fired power plants to comply with stringent emission rates and annual tonnage limitations. These actions will result in annual reductions of nitrogen oxides (NOx) emissions by 18,000 tons and sulfur dioxide (SO2) emissions by 46,000 tons in addition to significant reductions of particulate matter emissions. The settlement also requires NIPSCO to permanently retire its fourth facility, the Dean H. Mitchell facility in Gary, Ind. The facility has been out of operation since 2002 and its permanent retirement will ensure that the facility does not restart without proper permitting under the Clean Air Act.

The settlement also calls for NIPSCO to spend $9.5 million on projects that will benefit the environment and human health in communities located near the NIPSCO facilities. The projects include a clean diesel retrofit project for public vehicles, woodstove and outdoor boiler change-out projects and land restoration projects to restore lands adjacent to the Indiana Dunes National Lakeshore.

Reducing air pollution from the largest sources of emissions, including coal-fired power plants, is one of EPA’s National Enforcement Initiatives for 2011-2013. SO2 and NOx, two key pollutants emitted from power plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog, and haze. These pollutants are converted in the air to fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the communities located near NIPSCO facilities, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. Considering that air pollution from power plants can drift significant distances downwind, this settlement will reduce air pollution outside the immediate region.

The settlement was lodged today in the U.S. District Court for the Northern District of Indiana, and is subject to a 30-day public comment period and final court approval.

Source: U.S. Environmental Protection Agency

 

 

CHICAGO (Dec. 29, 2010) U.S. Environmental Protection Agency Region 5, U.S. Department of Justice, Indiana Department of Environmental Management and the Office of the Indiana Attorney General have reached a proposed settlement with a group of 13 potentially responsible parties who will pay for and complete the final phase of cleanup at the Cam-Or Superfund site in Westville, Indiana.

The group will provide $12 million to complete an engineering design and a cleanup of contaminated groundwater, subsurface chemical breakdown products and heavy metals-contaminated soil at the long-closed waste oil recycler, on State Route 2, near Highway 421, Westville, in LaPorte County. The group will pay EPA an additional $2.4 million to cover the cost of overseeing the work and other administrative costs. And they have agreed to pay the State of Indiana's oversight costs in full for the duration of the cleanup.

Project design work will begin in 2011, with cleanup targeted for the 2012 and 2013 construction seasons.

Cam-Or re-refined waste oil from 1934 to 1987. This is the fourth action involving cleanup at the site since 1987. It was named to EPA's Superfund National Priorities List in 1998. To date, EPA has reached agreements with private parties to pay $28.4 million out of $31.4 million in total site costs.

The consent decree was lodged with U.S. District Court on December 22nd and will be subject to a 30-day public comment period. The complete document is available for review online at http://www.epa.gov/region5/sites/camor/index.htm under "legal agreements;" at U.S. EPA's Records Center, 77 W. Jackson Blvd., Chicago; and at the Office of the U.S. Attorney for the Northern District of Indiana, South Bend Division, 204 South Main St. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611, and should refer to United States v. Alcoa Aluminum, Inc., et al., DOJ Ref. 90-11-3-609/1.

The 13 responsible parties -- called "Work Settling Defendants" -- are: Alcoa Aluminum, Inc.; ANR Pipeline Company; Clean Harbors Environmental Services, Inc.; Consolidated Rail Corporation; CSX Transportation, Inc.; Ford Motor Company; Imperial Oil Ltd.; Ingersoll-Rand Company; Northern Indiana Public Service Company; Rockwell Automation; C. Stoddard & Sons, Inc.; Tennessee Gas Pipeline Company; and United States Steel Corporation.

For more information about the Cam-Or Superfund site, go to: http://www.epa.gov/region5/sites/camor/index.htm

 

STAN DIAMOND JOINS WESSLER ENGINEERING

Wessler Engineering is pleased to announce the addition of Stan Diamond to the Firm’s Civil Group.  Mr. Diamond has practiced civil/sanitary engineering for more than thirty years.  During that time he has been involved in the planning, design, construction, and startup of water treatment, storage, and transmission facilities, and wastewater collection and treatment systems.    Stan has provided engineering services to cities and towns throughout Indiana and various communities across the United States.

Mr. Diamond is a graduate of Carnegie-Mellon University with Bachelor of Science degrees in civil engineering and engineering and public policy.  He is a member of the Indiana Water Environment Association and the American Water Works Association.  He is a past chair of the AWWA Indiana Section and the Indiana Water/Wastewater Agency Response Network (InWARN) Steering Committee. He is currently serving as secretary-treasurer of the InWARN Steering Committee.

Jeff Peters, Executive Vice President of Wessler Engineering stated “I’ve known Stan personally and professionally for over 15 years and I couldn’t have asked for an engineer that could fit better into our organization than Stan Diamond.  He will provide tremendous value as we look to grow our business in the Indiana market and in the fields of water and wastewater engineering services.”

 

IDEM SEEKS NOMINATIONS FOR GOVERNOR'S ENVIRONMENTAL EXCELLENCE AWARDS

Applications to be accepted until April 23

The Indiana Department of Environmental Management (IDEM) is accepting applications for the 2010 Indiana's Governor's Awards for Environmental Excellence until April 23.

All Indiana businesses, governments, individuals, technical assistance organizations, educational groups and nonprofit organizations who can demonstrate exemplary environmental projects with measurable results may apply.

Governor’s awards are open to all Indiana facilities, state and local units of government, individuals, and technical assistance organizations that implement. Awards will be given for the following categories: Energy/Renewable Resources, Five Years’ Continuous Improvement, Greening the Government, Land Use, Outreach or Education, Pollution Prevention, and Recycling/Reuse.

Winners will be invited to a special presentation to celebrate their accomplishments.

“These awards exemplify the extraordinary efforts of Indiana businesses and citizens who take actions that improve the quality of life, positively affect the economy and protect our environment,” said Thomas Easterly, IDEM commissioner. “Working toward these common goals is something that benefits the entire state.”

IDEM is working to notify businesses, communities and other organizations in Indiana about the opportunity to submit nominations. For additional information on how to apply, contact Anthony Sullivan at (800) 988-7901 or by e-mail at asulliva@idem.IN.gov. For a nomination form, visit IDEM's Web site at www.idem.IN.gov/5147.htm#how.

David Wrightsman has joined Energy Systems Group in the newly created position of Municipal Utility Sales Manager. In his new role, David will help communities utilize guaranteed savings contracts to improve their facilities and infrastructure.

This was received from Paul Berebitsky of the Indiana Construction Association

INDOT has adopted rules regarding the relocation of utility facilities in conjunction with a highway construction project. The rules became effective May 14.

JANUARY 1st, 2010 - NEW LAW REQUIRES ALL UTILTIES, INCLUDING THOSE OWNED BY LOCAL GOVERNMENT, TO JOIN INDIANA 811

As of January 1st, 2010, a new law is enforcing all utilities, including those owned by local governments, join Indiana 811. Any utility that fails to join by March 1st, 2010, could face fines of $100 per day retroactive to January 1st. In addition, your company will not be able to collect for any damage done to your facilities, even if that damage is caused by someone else's careless excavation.

To make joining easier, Indiana 811 is waiving the $150 signup fee through March 1st. So not only can you save $150 right away, you can protect yourself from thousands of dollars in liability. To join right now, without the $150 signup fee, visit www.indiana811.org. You'll be glad you did.

This was received from Paul Berebitsky of the Indiana Construction Association

INDOT has adopted rules regarding the relocation of utility facilities in conjunction with a highway construction project. The rules became effective May 14.

This was received from H. J. Umbaugh & Associates, Certified Public Accountants, LLP

Curt W. Pletcher has become a partner in the firm.

This was received from Paul Berebitsky of the Indiana Construction Association

INDOT has adopted rules regarding the relocation of utility facilities in conjunction with a highway construction project. The rules became effective May 14.

The rules were required by legislation passed by the Indiana General Assembly in 2005. The law directed INDOT to develop rules regarding utility relocation as part of INDOT's responsibility to manage the state highway system right-of-way. The new INDOT rules and the law resulted from efforts of a Utility Relocation Task Force that included representatives from ICA (highway contractors then as part of ICI), INDOT, consulting engineers, utility companies and Federal Highway Administration.

The rules establish a formal procedure for highway projects that involve utility facility relocations by setting requirements for utilities, highway contractors and INDOT. Key components of the process are:

• INDOT will determine what utility facilities are located within the project area early in the design phase of a project;
  
  
• I NDOT will send each identified utility an initial notice of the proposed project;
  
  
• Utilities will have to respond within 30 days with a description of its affected facilities or notify INDOT that no facilities are within the limits of the project;
  
  
• Using the information provided by utility companies, INDOT will show all utility facilities on plan sheets and send those drawings to each utility for review;
  
  
• Within 30 days, each utility will have to either confirm the accuracy of the drawings or detail any corrections;
  
  
• INDOT will subsequently provide each utility with preliminary construction plans for the highway project;
  
  
• Each utility will respond with a work plan that details how the utility will protect or relocate its facilities;
  
  
• INDOT will review the proposed work plans and - if necessary - work with the utilities to finalize those plans;
  
  
• The approved work plans will be included or referenced in the highway construction contract;
  
  
• If a work plan shows that portions of a utility's work are dependent on the highway contractor first completing certain work (such as clearing), the contractor will be required to notify that utility within certain time frames.

The rules also include a list of factors that would excuse a utility from meeting the schedule in its approved work plan. These include significantly differing site conditions, unexpected impacts of other utilities or severe weather.

While the rules became effective on May 14, the new procedures won't impact construction until projects on which the required coordination steps between INDOT and utility companies have been implemented are ready for letting.

INDOT plans to conduct training about the new rules in the near future, but specific dates and locations have not yet been finalized. Training will likely be available at multiple locations. INDOT personnel are also available to meet with various organizations about the new requirements. Contact Matt Thomas at 317-232-5308 to arrange a presentation for your group. Download the new rules here.

---

Just a reminder that the new Indiana Water/Wastewater Agency Response Network (InWARN) was designed to assist with the potentially devastating impact of emergencies and to advance statewide disaster preparedness. If your utility has not yet signed on to this voluntary program of "utilities helping utilities", we have attached information for your use or you may visit IRWA's website -- www.indianaruralwater.org -- to download.

The following is a compilation of information which was received from Governor Mitch Daniel's office and from Senator Beverly Gard's office.

As of June 20, 2008 the following counties -- Adams, Bartholomew, Brown, Clay, Daviess, Dearborn, Decatur, Gibson, Grant, Greene, Hamilton, Hancock, Henry, Huntington, Jackson, Jefferson, Jennings, Johnson, Knox, Lawrence, Marion, Monroe, Morgan, Owen, Parke, Pike, Posey, Putnam, Randolph, Ripley, Rush, Shelby, Sullivan, Vermillion, Vigo, Washington, and Wayne -- have been approved for federal assistance for homeowners, renters and businesses because of severe storms that began on May 30. Residents of these counties may begin applying for FEMA assistance.

Here is the latest information concerning resources available to residents affected by recent severe flooding in Indiana.

WHAT'S AVAILABLE FROM FEMA:
Application for Federal Emergency Management Agency Assistance: It is not necessary to visit a FEMA office to file an application. Applications may be accessed on-line at https://www.disasteraid.fema.gov/IAC/ , http://www.fema.gov/ or www.emergency.in.gov. People may also call 1-800-621-FEMA or 1-800-462-7585 (TTY) for hearing and speech impaired. The toll-free numbers are available from 8 a.m. to 6 p.m. seven days a week. You need your Social Security number, your current and pre-disaster address, a phone number where you can be contacted, insurance information, total household income, a routing and account number from your bank, and a description of your losses. FEMA recommends you take pictures of any damage for your records.

Qualifying for assistance: To receive money or help for housing needs that are result of a disaster, you must have losses in an area that has been declared a disaster by the president (see above for county listing); damage to your property is either not covered by your insurance or your insurance settlement is insufficient to meet your losses; you or someone who lives with you is a U.S. citizen, a non-citizen national or qualified alien; damage is to a home where you usually live and were living at the time of the disaster; and you have accepted assistance from all other sources for which you are eligible.

Housing needs: Money to rent a different place to live or government provided housing.

Other than housing needs: Money is available for disaster-related medical and dental costs; disaster-related funeral and burial costs; clothing, household items (room furnishings, appliances) tools and other equipment required for your job; educational materials (computers, school books and supplies); fuels for primary heat source (heating oil, gas); clean-up items (wet/dry vacuum, dehumidifier); disaster damaged vehicle; moving and storage expenses related to the disaster, including moving and storing property to avoid additional disaster damage while disaster-related repairs are being made to the home.

Repair: Money to repair damage from disaster to a primary residence that is not covered by insurance that will make it safe, sanitary and functional.

Replacement: Money is available to homeowners for replacing a home in a disaster not covered by insurance.

Permanent Housing Construction: Direct assistance or money for construction of a home; help available only in insular areas or remote locations specified by FEMA where no other type of housing assistance is possible.

WHERE YOU CAN GO TO GET HELP:
Family and Social Services Administration offices and Work One Centers in every approved county have computers available for individuals to use to apply for FEMA assistance. A list of locations for those offices and centers may be found at this link: http://www.in.gov/gov/files/Press/locations.pdf.

• A toll free resource line is operational to help direct residents to resources. The number is 1-888-880-3749 and will be available 9 a.m. to 9 p.m.
  
  
• One-stop disaster assistance centers are being opened in various counties. These centers will have a variety of state services available including:
  
  
• Housing support: Listing of emergency shelters; listing of temporary housing; rental assistance; applications for Small Business Administration home disaster loans.
  
  
• Social Services: Replacement and emergency food stamps; application for Temporary Assistance for Needy Families (TANF), Food Stamps, Medicaid and child care; listing of available child care providers; mental health service referrals; mobile feeding; Red Cross and Salvation Army case work; crisis counseling.
  
  
• Unemployment Insurance: The Indiana Department of Workforce Development is urging workers laid off due to recent flooding and tornado events to apply for unemployment benefits during the first week they do not receive a paycheck from their company. Applications for state unemployment benefits or Disaster Unemployment Insurance are available at disaster centers or by calling 1-800-891-6499.
  
  
• Insurance Information: Interpretation of insurance policies by staff of the Indiana Department of Insurance; information on lost or damaged policies; information on obtaining copies of insurance policies; general insurance navigation advice and complaint resolution; car insurance assistance; representatives from private insurers on site to answer questions.
  
  
• Public Health Information: Clean-up advice and education including mold removal and prevention; vaccination information, including tetanus shots; information regarding free well water testing; access and information to vital records such as birth and death certificates; listing of open medical treatment facilities.
  
  
• Transportation Assistance: Rental car information; vehicle title and registration replacement or apply for a salvage vehicle title via the BMV; car insurance assistance from agents of major private insurance providers; replacement of driver licenses and identification cards.
  
  
• Business and Financial Services: Application assistance for SBA Disaster Loans from small business counselors from the Indiana Economic Development Corporation; business continuation and planning consulting from the Indiana Economic Development Corporation.
  
  
• Agriculture: Representatives from the Department of Agriculture will be available to answer questions.
  The latest information from state agencies about coordinated relief and recovery efforts is available at www.emergency.in.gov.

DISASTER ASSISTANCE FOR BUSINESSES:
The U.S. Small Business Administration offers long-term, low-interest loans to repair or replace damaged property for businesses - regardless of size - in a declared disaster area. For more information, call 1-800-659-2955.

Here are some of the things offered by the SBA:

• Physical disaster loans: Businesses of all sizes may apply for a loan of up to $1.5 million to repair or replace damaged real estate, equipment, inventory and fixtures. These loans cover both insured and uninsured losses. Interest rate on this loan will not exceed 4 percent.
  
  
• Economic Injury Disaster Loans: Small businesses and small agricultural cooperatives suffering substantial economic injury may be eligible for these loans up to $1.5 million to meet necessary financial obligations - expenses the business would have paid if the disaster had not occurred. Interest rate on this loan will not exceed 4 percent.
  
  
• Downloadable applications: Businesses may apply directly to the SBA at www.sba.gov/services/disasterassistance/basics/howtoapply/index.html

KEY PHONE NUMBERS:

Toll Free Information Line: 1-888-880-3749 (available from 9 a.m. to 9 p.m.)
Federal Emergency Management Agency (FEMA) 1-800-621-3362
Red Cross: 1-800-438-4636
Indiana State Police: 317-477-1125
Emergency Food Stamp Assistance: 1-800-403-0864
Indiana Department of Insurance: 1-800-622-4461
Indiana Department of Agriculture: 317-290-3030; Livestock Loss 317-227-0300

Indiana Department of Environmental Management Oil/Chemical Spill Hotline: 1-888-233-7745
Unemployment: 1-800-891-6499
U.S. Small Business Administration: 1-800-659-2955

OTHER IMPORTANT THINGS TO REMEMBER
Computers available at FSSA, Work One Centers: Those wishing to apply for FEMA assistance in counties qualifying for disaster assistance may use computers at these centers. Call the toll-free information line to find the office closest to you.

Volunteers and donations: To help Hoosiers affected by severe weather, the Indiana Office of Faith Based and Community Initiatives (OFBCI) is coordinating private volunteer and donation efforts with the American Red Cross. A toll free number has been established to create a central repository of statewide volunteers. The telephone number is: 1-888-335-9490. OFBCI also will coordinate donations of needed supplies and goods. A storage and distribution center has been established at Pen Products, 6075 Lakeside Boulevard, near I-465 and 71st Street, in Indianapolis. Donations will be organized at that location and sent to areas with the greatest needs. Among needed items are cleaning supplies, water, and personal hygiene products. For directions to the distribution center, call 1-800-736-2550. Constant updates: The latest information from state agencies about coordinated relief and recovery efforts is available at www.emergency.in.gov.

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INDOT has adopted rules regarding the relocation of utility facilities in conjunction with a highway construction project.  The rules became effective May 14. 

The rules were required by legislation passed by the Indiana General Assembly in 2005.  The law directed INDOT to develop rules regarding utility relocation as part of INDOTâs responsibility to manage the state highway system right-of-way.  The new INDOT rules and the law resulted from efforts of a Utility Relocation Task Force that included representatives from ICA (highway contractors then as part of ICI), INDOT, consulting engineers, utility companies and Federal Highway Administration.

The rules establish a formal procedure for highway projects that involve utility facility relocations by setting requirements for utilities, highway contractors and INDOT.  Key components of the process are:

• INDOT will determine what utility facilities are located within the project area early in the design phase of a project;
• INDOT will send each identified utility an initial notice of the proposed project;
• Utilities will have to respond within 30 days with a description of its affected facilities or notify INDOT that no facilities are within the limits of the project;
• Using the information provided by utility companies, INDOT will show all utility facilities on plan sheets and send those drawings to each utility for review;
• Within 30 days, each utility will have to either confirm the accuracy of the drawings or detail any corrections;
• INDOT will subsequently provide each utility with preliminary construction plans for the highway project;
• Each utility will respond with a work plan that details how the utility will protect or relocate its facilities;
• INDOT will review the proposed work plans and ö if necessary ö work with the utilities to finalize those plans;
• The approved work plans will be included or referenced in the highway construction contract;
• If a work plan shows that portions of a utilityâs work are dependent on the highway contractor first completing certain work (such as clearing), the contractor will be required to notify that utility within certain time frames.

The rules also include a list of factors that would excuse a utility from meeting the schedule in its approved work plan.  These include significantly differing site conditions, unexpected impacts of other utilities or severe weather.

While the rules became effective on May 14, the new procedures wonât impact construction until projects on which the required coordination steps between INDOT and utility companies have been implemented are ready for letting.

INDOT plans to conduct training about the new rules in the near future, but specific dates and locations have not yet been finalized.  Training will likely be available at multiple locations.  INDOT personnel are also available to meet with various organizations about the new requirements.  Contact Matt Thomas at 317-232-5308 to arrange a presentation for your group.

A copy of the final rule is attached. Paul Berebitsky

Indiana Construction Association


It is with great pleasure that Hach Company announces the addition of OPS Systems, Inc. to its family of products. OPS Systems has been in business for over 30 years and has provided water-related reporting and analysis, preventive maintenance and laboratory information management (LIMS) software solutions specifically for water, wastewater, and industrial plant operations. OPS' commitment to customer service and innovative customer solutions has made them a trusted vendor in the industry.

OPS Systems and Hach both have long traditions of solid business values and providing leading edge products with a strong focus on customer service. OPS Systems' tradition of strong customer service and support will continue and will blend with Hach's excellent reputation for delivering first-rate services and support. Outstanding customer service will continue to be provided by the Rio Rancho staff.

By combining OPS' robust information management solutions with Hach instrumentation and water analysis expertise, we will be able that tie together instrumentation and software into more unique and complete solutions. The expanded product portfolio provides a focus on protecting public health and the environment, aiding with regulatory compliance and reducing costs and will include a Hach Water Information Management Solutionú (HACH WIMSú), a computer maintenance management system (Hach JobCal¨), and a LIMS system (Hach Aspen).

For additional information or a demo of our new products, please do not hesitate to contact your local Regional Sales Manager or call 1- 800-677-0067.

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We are saddened to report that Reggie Baker, the Counter-Terrorism Coordinator from IDEM, passed away this past weekend after a hard fought battle with cancer. We received the following from Pat Carroll:

I have some very sad news to pass along. Reggie passed away Saturday morning February 7. He was known for his unbridled enthusiasm for all he embraced; his work with the state, his marriage with his equally enthusiastic wife Debby and to the outdoor sports. In his 30 years with IDEM, including the Indiana Department of Health, he worked in the Air Pollution Division, served as Chief of Superfund in Office of Emergency Response, worked in the Office of Water Quality in the Wet Weather program and finally in Drinking Water as the counter-terrorism coordinator. He had a unique passion for the "silent sports". He was a proficient SCUBA diver for about 40 years, engaged in all the paddle sports including white water paddling and freestyle canoeing, enjoyed archery, cycling, cross country skiing and canoe camping. He will be very much missed. I don't believe there are any funeral arrangements being planned.

Our sympathies are with Reggie's family, friends, and co-workers.

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To: Transient Noncommunity Public Water Systems
From: Patrick Carroll, Chief
Drinking Water Branch
Office of Water Quality
Subject: IDEM Laboratory Reporting Forms

327 IAC 8-2-13(a) requires that a water system "using forms provided by the Commissioner, shall report to the Commissioner the results of any test measurement or analysis required by this rule". For all samples collected on or after January 1, 2009, all individual sample results submitted to IDEM must be submitted on the enclosed state-approved forms. All of the certified laboratories have also been informed of this requirement. Any reports not conforming with this requirements will not be accepted for compliance purposes.

You can find copies of the forms online at http://www.in.gov/icpr/webfile/formsdiv/4236.htm. This is the website of the Indiana Commission on Public Records. You can search by form number by selecting Edit, Find on this Page. The form numbers are on the summary page included with this letter.

If you have any specific questions about the forms, please contact the Compliance Section staff associated with that rule. A copy of the current Compliance Section phone list is attached. If you have general questions, please contact Susie Fulford at (317) 308-3282
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SUMMER INTERN POSITION AT SRF -- The State Revolving Fund ("SRF") Loan Program and the Indiana Brownfields Program ("Brownfields Program") seek a joint summer intern to provide assistance to update the SRF Needs Surveys, and the Brownfields Return on Investment Project ("ROI Project"). For more information about the Programs see: www.in.gov/ifa

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