Ogden Martin operates a mass-burn, energy recovery incinerator for the city of Indianapolis. In October 1999, IDEM issued the company a permit to burn infectious waste. On behalf of Kathy Watson, attorney Richard Van Rheenen appealed an administrative law judge’s (ALJ) denial of her challenge to the permit. The appeal is pending. Once the appeal is complete, Ogden Martin will need to renew its contract with the city to allow it burn infectious waste.

The appeal cites several faults in the process, including the ALJs denial of the permit challenge because the issue covers air pollution and the challenge was to a solid waste permit. The ALJ did not seem to understand that:

• The underlying regulation was a solid waste rule;
• Solid waste permits traditionally have addressed air pollution issues, such as odor and dust from a landfill; and
• The air permit had limited authority to address the threats from infectious wastes and neoplastic agents that were the focus of the solid waste rule.

As a result of the delays, many Indiana hospitals are in a quandary, as they must comply with new federal mercury standards but they are unsure whether Ogden Martin is a viable option.