) SS: OF ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2003-13074-A
)
CAROUSEL CLEANERS, 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. Pursuant to 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 (AComplainant@) of the Indiana Department
of Environmental Management, a department of the State of
2. Respondent is Carousel Cleaners, Inc. (ARespondent@), which owns and operates the dry cleaning facility located at 407 West Eads Parkway, in Lawrenceburg, Dearborn County, Indiana (ASite@).
3. The
4. Pursuant to IC 13-30-3-3, on
Carousel Cleaners, Inc. Carousel Cleaners, Inc.
5. Pursuant to IC 13-30-3-3, IDEM issued an Amended Notice of Violation via Certified Mail to:
Carousel Cleaners, Inc. Carousel Cleaners, Inc.
6. A inspection, on
A. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. 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 behind the dry cleaning machine, a violation of 40 CFR 63.322(j).
B.
Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR
63, Subpart M, National Emission Standards for Hazardous Air Pollutants for
Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61
FR 27785 (June 3, 1996), were adopted by reference by the air pollution control
board. Pursuant to 40 CFR
63.323(a)(1), the owner or operator of a
dry cleaning system must measure the
temperature on the refrigerated condenser exhaust weekly. This facility did not
conduct temperature measurements since
C. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. 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 the perchloroethylene purchase receipts since 1998, a violation of 40 CFR 63.324(d).
D. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. 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 was not maintaining the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased since 1998, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
E. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. 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 was not maintaining a log of leak detection inspections since 1998, a violation of 40 CFR 63.324(d)(3).
F. Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63, Subpart M, National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR 27785 (June 3, 1996), were adopted by reference by the air pollution control board. 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 since 1998, a violation of 40 CFR 63.324(d)(5).
7. 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 63.322 (j), 40 CFR 63.323 (a) (1), 40 CFR 63.324 (d), 40 CFR 63.324 (d) (1) (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:
Amy
Moreland, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
4. Respondent is assessed a civil penalty of Three Thousand Two Hundred Dollars ($3,200). Said penalty amount shall be due and payable to the Environmental Management Special Fund in six monthly installments. Respondent shall pay the first installment in the amount of Five Hundred Thirty Five Dollars ($535.00) within thirty (30) days of the Effective Date of this Agreed Order. Respondent shall pay the remainder of the balance in five (5) equal installments in the amount of Five Hundred Thirty-Three Dollars ($533.0) by the thirtieth (30th) of each month until the balance has been 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
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.
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 Carousel
Cleaners, Inc.
By: _________________________ By: _________________________
David P. McIver
Chief, [Section] 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 Amy E. Romig
Date: _______________________ Date: ______________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT THIS _____ DAY OF _______________, 20__.
For the Commissioner:
Signed
August 18, 2004
___________________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs