Indiana Department of Environmental Management v. Medical Disposal Services, Inc.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Indiana Department of Environmental Management, et al. (“IDEM”) appeals the summary judgment entered in favor of Appellee-Plaintiff Medical Disposal Services, Inc. (“MDSI”) which prevents IDEM from imposing the penalties authorized by law for the violation of the statutory/regulatory scheme which prohibits *501the operation of a solid waste transfer station without a permit.1 We affirm.

Issue

The dispositive issue may be restated as whether, in the exercise of our judicial authority to control the administrative process and temper an agency’s…