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STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. GRIFFITH
CLEANERS, INC., Respondent. |
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AGREED ORDER
Complainant
and Respondent desire to settle and compromise this action without hearing or
adjudication of any issue of fact or law, and consent to the entry of the
following Findings of Fact and Order. Pursuant to Indiana Code (“IC”)
13-30-3-3, entry into the terms of this Agreed Order does not constitute an
admission of any violation contained herein. Respondent’s entry into this
Agreed Order shall not constitute a waiver of any defense, legal or equitable,
which Respondent may have in any future administrative or judicial proceeding,
except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent
is Griffith Cleaners, Inc. (“Respondent”), which owns and operates the dry
cleaning service located at 7170 N Michigan Road in Indianapolis, Marion
County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via Certified Mail to:
Chong Cha Choe,
President and Registered Agent
Griffith Cleaners, Inc.
Indianapolis, IN 46268
5.
During
an investigation including an inspection on April 29, 2019 conducted by a
representative of IDEM, the following violations were found:
a.
Pursuant
to 40 CFR 63, Subpart M, §60.324(d), each owner or operator of a dry cleaning
facility shall keep receipts of perchloroethylene
purchases and all other records required by the rule and show them upon request
for a period of five (5) years.
Respondent failed to maintain records
between February 1, 2018 and April 29, 2019, in violation of 40 CFR 63, Subpart
M, §60.324(d).
b.
Pursuant
to 40 CFR 63, Subpart M, §60.324(d)(1) and (2), each owner or operator of a dry
cleaning facility shall take and maintain records of the volume of perchloroethylene purchased each month, and the calculation
and result of the yearly perchloroethylene
consumption determined on the first day of each month as specified in §63.323(d)
of the rule.
Respondent failed to take
and maintain monthly and yearly totals of perchloroethylene
purchases and consumption between February 1, 2018 and April 29, 2019, in
violation of 40 CFR 63, Subpart M, §60.324(d)(1) and
(2).
c.
Pursuant
to 40 CFR 63, Subpart M, §60.324(d)(3), each owner or operator of a dry
cleaning facility shall take and maintain records of the dates of the weekly
leak detection inspections of the dry cleaning system components, as specified
in §63.333(k), (l), or (o)(1).
Respondent failed to
maintain records of the dates of the weekly leak detection inspections of the
dry cleaning system components between April 1, 2019 and April 29, 2019, in
violation of 40 CFR 63, Subpart M, §60.324(d)(3).
d.
Pursuant
to 40 CFR 63, Subpart M, §60.324(d)(5), each owner or operator of a dry cleaning
facility using a refrigerated condenser to comply with §63.322(a), (b), or (o) shall take and maintain
records of the date and monitoring results of the weekly temperature sensor or
pressure gauge inspections as specified in §60.323.
Respondent failed to maintain weekly
temperature measurement records between April 1, 2019 and April 29, 2019, in
violation of 40 CFR 63, Subpart M, §60.324(d)(5).
6.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledges notice
of this right and waives any right to administrative and judicial review of
this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s
delegate, and has been received by Respondent. This Agreed Order shall have no
force or effect until the Effective Date.
2.
Respondent shall comply with the rules listed
in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Clare Parker,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of One Thousand Five Hundred Dollars
($1,500.00). Said penalty amount shall
be due and payable to the Environmental Management Special Fund within thirty
(30) days of the Effective Date; the thirtieth day being the “Due Date.”
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number
of this action and shall be mailed to:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be computed as having accrued from the Due Date
until the date that Respondent pays any unpaid balance. Such interest shall be
payable to the Environmental Management Special Fund, and shall be payable to
IDEM in the manner specified in Paragraph 5, above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
In the event that any terms of this Agreed
Order are found to be invalid, the remaining terms shall remain in full force
and effect and shall be construed and enforced as if this Agreed Order did not
contain the invalid terms.
12.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent pursuant
to this Agreed Order, shall not in any way relieve Respondent of the obligation
to comply with the requirements of any applicable permits or any applicable Federal
or State laws or regulations.
13.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of Respondent’s efforts
to comply with this Agreed Order.
14.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the violations
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. EPA”) or any other agency or entity about any matters
relating to this enforcement action. IDEM or anyone acting on its behalf shall
not be held liable for any costs or penalties Respondent may incur as a result
of such communications with the U.S. EPA or any other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Griffith Cleaners, Inc. |
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By: |
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By: |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Office
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COUNSEL
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2019. |
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For
the Commissioner |
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Signed
on October 24, 2019 |
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Matthew
Stuckey, Deputy Assistant Commissioner |
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Office
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Indiana
Department of Environmental Management |
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