STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

vs. ) Case No. 2001-10135-A

)

KEN BETHEA, D.B.A STAR CLEANERS )

)

Respondent. )

AGREED ORDER

The Complainant and the 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.

I. FINDINGS OF FACT

1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Ken Bethea, d.b.a. Star Cleaners ("Respondent"), who owns and operates the drycleaner located at 1478 North Oak Street, in Zionsville, Boone County, Indiana ("Site").

3. The Indiana Department of Environmental Management ("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 via Certified Mail to:

Ken Bethea, d.b.a. Star Cleaners

1478 North Oak Street

Zionsville, Indiana 46076

• An inspection, on December 19, 2000, was conducted at the Site by a representative of IDEM's Office of Air Quality (OAQ). The following violations were in existence or observed at the time of this inspection:



• Pursuant to 40 CFR 63.322(j), the owner or operator of a dry cleaning facility must store all perchloroethylene and perchloroethylene-containing waste in closed solvent tanks or solvent containers with no perceptible leaks. The facility was storing perchloroethylene-containing waste in a Safety Kleen container where the lid was not seated or properly closed, a violation of 40 CFR 63.322(j).

• Pursuant to 40 CFR 63.323(d), when calculating the 12-month rolling total of perchloroethylene consumption, the owner or operator shall sum the volume of all perchloroethylene purchases made in each of the previous 12 months. The respondent did not properly calculate the 12-month rolling total, a violation of 40 CFR 63.323(d).

c. Pursuant to 40 CFR 63.324(a), each owner or operator of a dry cleaning facility shall notify the Indiana Department of Environmental Management, Office of Air Management upon startup, change of address, or change of machinery, of their operational status by completing and submitting an Initial Notification Report. This document has not yet been filed with the Office of Air Management, a violation of 40 CFR 63.324(a).

d. Pursuant to 40 CFR 63.324(b), each owner or operator of a dry cleaning facility shall notify the Indiana Department of Environmental Management, Office of Air Management of their compliance status by completing and submitting a Compliance Report for Control Requirements. This document has not yet been filed with the Office of Air Management, a violation of 40 CFR 63.324(b).

e. Pursuant to 40 CFR 63.324(d), the owner or operator of a dry cleaning facility must maintain all perchloroethylene purchase receipts and required logs for no less than five years. This facility did not maintain monthly entries for 1996, there are no twelve month rolling totals of perc purchases calculated for January through November, 2000, and the twelve month rolling totals of perc purchases for all of 1997, 1998, and 1999 were not calculated correctly, a violation of 40 CFR 63.324(d).

f. Pursuant to 40 CFR 63.324(d)(1) and (2), the owner or operator of a dry cleaning facility must maintain a log of the amount of perchloroethylene purchased in the prior month and the total amount of perchloroethylene purchased in the prior twelve months. The facility did not maintain monthly entries for 1996 and there are no twelve month rolling totals of perc purchases calculated for January through November, 2000, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).

g. Pursuant to 40 CFR 63.324(d)(3), the owner or operator of a dry cleaning facility must maintain a log of the dates when leak detection inspections are conducted on dry cleaning system components. The facility did not maintain a log of leak detection inspections for October, November, or December, 1999, all of January, 2000, first week of February, 2000, April 1, 2000, all of May, 2000, the last three weeks of August, 2000, all of September, October, November, 2000, or the first three weeks of December, 2000, a violation of 40 CFR 63.324(d)(3).

h. Pursuant to 40 CFR 63.324(d)(5), the owner or operator of a dry cleaning facility must maintain a log of weekly temperature readings of the refrigerated condenser exhaust. This facility did not maintain a log of weekly temperature readings for October, November, or December, 1999, all of January, 2000, first week of February, 2000, April 1 and 7, 2000, all of May, 2000, the last three weeks of August, 2000, and all of September, October, and November, 2000, a violation of 40 CFR 63.324(d)(5).

6. In recognition of the settlement reached, Respondent 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 the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

2. Respondent shall comply with Rule 326 IAC 20-7, which incorporates by reference the provisions in 40 CFR 63.322 (j), 40 CFR 63.323 (d), 40 CFR 63.324 (a) (b), 40 CFR 63.324 (d) (1), (2), (3),and (5).

3. All submittals required by this Agreed Order, unless notified otherwise in

writing, shall be sent to:

Melissa A. Farrington, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

4. Respondent is assessed a civil penalty of Two Thousand Five Hundred Dollars ($2500). The civil penalty shall be paid in the following manner: The first payment of One Thousand Two Hundred and Fifty Dollars ($1250) is due on August 31, 2001. The remaining five (5) payments of Two Hundred and Fifty Dollars ($250) each are due according to the following schedule, the second payment due on September 20, 2001, the third payment due on October 31, 2001, the fourth payment due on November 30, 2001, the fifth payment due on December 31, 2001, and the sixth and final payment due on January 31, 2002. Interest shall accrue on unpaid amounts at the rate established by IC 24-4.6-1-101.

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:

Cashier

IDEM

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

6. In the event that the civil penalty required by Order paragraph 4, is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101. The interest shall continue to accrue until the civil penalty is paid in full.

7. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

8. In the event that any terms of the 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 the Agreed Order did not contain the invalid terms.

9. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

10. This Agreed Order shall remain in effect until respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management Ken Bethea, d.b.a. Star Cleaners

By: _________________________ By: _________________________

David P. McIver

Chief, Air Section Printed: ______________________

Office of Enforcement

Title: ________________________

Date: ________________________ Date: ________________________

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Office of Legal Counsel

Department of Environmental Management

Date: _______________________ Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF ____________________, 20__.

For the Commissioner:

___________________________

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement