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. 2003-13848-A

)

BRAD HASSLER DBA )

HASSLER TEXTILE SERVICE, )

)

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 (AComplainant@) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

2. Respondent is Brad Hassler DBA Hassler Textile Service (ARespondent@), who owns and operates the dry cleaning facility located at 700 Eastern Avenue, in Connersville, Fayette County, Indiana (ASite@).

3. The Indiana Department of Environmental Management (AIDEM@) has jurisdiction over the parties and the subject matter of this action.

4. Pursuant to IC 13-30-3-3, on July 1, 2003 IDEM issued a Notice of Violation via Certified Mail to:

 

Brad Hassler DBA

Hassler Textile Service

700 Eastern Avenue

Connersville, Indiana 47331

5. An inspection, on March 14, 2003, 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:
      1. 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 solvent tanks or solvent containers with no perceptible leaks. The facility was storing perchloroethylene-containing waste, the separator water, in a large container and allowing it to evaporate, a violation of 40 CFR 63.322(j).
      2. 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).
      3. 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 the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased for October, 2002, November, 2002, December, 2002, January, 2003 and February, 2003, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
      4. 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 weeks of August 14 and 21, 1998; April 12, July 20, August 23 and 30, September 27, and December 13, 1999; January 21, April 3, May 8, and June 20, 2000; February 26, July 30, November 19, 2001; March 4 and 25, and April 1 and 29, 2002; and March 10, 2003, a violation of 40 CFR 63.324(d)(3).
      5. Pursuant to 40 CFR 63.324(d)(4), the owner or operator of a dry cleaning facility must maintain a log of the dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with 40 CFR 63.324(d) (4). This facility did not maintain repair records for leaks that were noted in the leak detection inspection record, a violation of 40 CFR 63.324(d) (4).
      6. 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 weeks of August 14 and 21, 1998;

April 12, July 20, August 23 and 30, September 27, and December 13, 1999; January 21, April 3, May 8, and June 20, 2000; February 26, July 30, November 19, 2001; March 4 and 25, and April 1 and 29, 2002; a violation of 40 CFR 63.324(d)(5).
    1. 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.
    1. Respondent shall comply with 40 CFR 63.322 (j), 40 CFR 63.323 (d), 40 CFR 63.324 (d), 40 CFR 63.324 (d) (1) (2), 40 CFR 63.324 (d) (3), 40 CFR 63.324 (d) (4) 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 Farrington, Enforcement Case Manager

Office of Enforcement

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 6015

Indianapolis, IN 46206-6015

    1. Respondent is assessed a civil penalty of Three Thousand and Two Hundred Dollars ($3,200). The civil penalty shall be paid in the following manner: six-month payment plan consisting of five (5) monthly installments of Six Hundred Dollars ($600) and one (1) monthly installment of Two Hundred Dollars ($200). Said penalty amount shall be due and payable to the Environmental Management Special Fund. The first installment shall be made within 30 days of the Effective Date of this Agreed Order; all following installments are due no later than the 30th of each month thereafter until paid in full.

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

Indiana Department of Environmental Management

100 N. Senate Avenue

P. O. Box 7060

Indianapolis, IN 46207-7060

 

 

 

 

6. 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.
    1. 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 Brad Hassler DBA

Hassler Textile Service

By: _________________________ By: Brad Hassler_____________

David McIver

Chief, [Section] Chief, Air Section Printed: Brad Hassler___________

Office of Enforcement

Title: President______________

Date: _signed 9/11/03_________ Date: signed 9/30/03___________

 

COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: Joseph H. Merrick__________ By: ________________________

Office of Legal Counsel

Date: signed 10/8/03___________ Date: ______________________

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS _16 DAY OF October________, 2003.

 

 

For the Commissioner:

 

Signed 10/16/03_______________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs