STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT

) SS: OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

)

v. ) Case No. 2001-10967-A

)

MILTO CLEANERS AND LAUNDRY, INC, )

)

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 Milto Cleaners and Laundry, Inc. ("Respondent"), who owns and operates the dry cleaning facility located at 459 South State Road 135, in Greenwood, Johnson 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:

Anthony Milto, President Philip Milto, Registered Agent

Milto Cleaners and Laundry, Inc. Milto Cleaners and Laundry, Inc.

459 South State Road 135 459 South State Road 135

Greenwood, Indiana 46142 Greenwood, Indiana 46142

• An inspection, on September 25, 2001, was conducted at the Site by a representative of IDEM's Office of Air Quality. The following violations were in existence or observed at the time of this/these insepction:

A. 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).

B. 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 Perc receipts for Perc purchases made in October, 2000 (two 45 gallon), in November 2000, (one 45 gallon and one 15 gallon) and in December 2000, (90 gallons), a violation of 40 CFR 63.324(d).

C. 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 a correct log of perc purchases, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).

D. 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 the Columbia 2 machine there were no leak record for the weeks of September 7 and 28, 2000; for the Columbia 1 machine there were no leak record for four weeks of July, 1999 and the weeks of September 7 and 28, 2000; and for the Forenta machine there was no leak record for the weeks of September 7 and 28, 2000, a violation of 40 CFR 63.324(d)(3).

E. 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 the Columbia 2 machine there was no temperature recorded for the weeks of September 7 and 28, 2000; for the Columbia 1 machine there was no temperature recorded for four weeks of July, 1999, four weeks of August 1999, first two weeks of September, 1999, and the weeks of September 7 and 28, 2000; for the Forenta machine there was no temperature recorded for the first and last week of September, 2000; in addition it was noted that the temperature was reported from the wrong gauge for the last three weeks of July, 2001, all of August, 2001 and the first three weeks of September, 2001 , 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 40 CFR 63.323 (d), 40 CFR 63.324 (d), 40 CFR 63.324 (d) (1), 40 CFR 63.324 (d) (2), 40 CFR 63.324 (d) (3), and 40 CFR 63.324 (d) 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 Four Hundred Dollars ($2400). Said penalty amount shall be due and payable to the Environmental Management Special Fund within 30 days of the Effective Date of this Agreed Order.

5. In the event the terms and conditions of the following paragraphs are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amount:

6. 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

7. In the event that the civil penalty required by Order paragraph four (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.

8. 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.

9. 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.

10. 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.

11. 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 Milto Cleaners and Laundry, Inc.

By: _signed 5/13/02____________ By: ___________________

David P. McIver

Chief, Air Enforcement Section Printed: Anthony Milto __

Office of Enforcement

Title: _President ____________

Date: ________________________ Date: signed 5/20/02____________

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: _________________________ By: ________________________

Jay Rodia

Office of Legal Counsel

Department of Environmental Management

Date: signed 5/13/02____________ Date: ______________________

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS __31___ DAY OF ___May_________________, 2002.

For the Commissioner:

Signed 5/31/02____________________

Felicia A. Robinson

Deputy Comissioner

for Legal Affairs