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. 1999-3533-A
)
TERRI HALE, d.b.a. )
SIXTY MINUTE CLEANERS, )
)
Respondent. )
AGREED ORDER
I. FINDINGS OF FACT
2. Respondent is Terri Hale, d.b.a. Sixty Minute Cleaners (hereinafter referred to as
"Respondent"), which owns a dry cleaning facility at 1285 North State Road 135 #
B, located in Greenwood, Indiana.
3. The Indiana Department of Environmental Management ("IDEM") has
jurisdiction over the parties and subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail
to:
Terri Hale, d.b.a.
Sixty Minute Cleaners
1285 North State Road 135 # B
Greenwood, Indiana 46142
5. Rule 326 IAC 20-7 incorporates by reference the provisions in 40 CFR Part 63
Subpart M, 58 FR 49354, and amendment 58 FR 66287.
On March 30, 1999, an inspector from the Office of Air Management of the Indiana
Department of Environmental Management conducted an inspection at the Respondent's dry
cleaning facility located at 1285 North State Road 135 # B, in Greenwood, Indiana. The
following violations were found:
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 a log of perchloroethylene purchases and the rolling total amount of
perchloroethylene purchased, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
B. 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
accurately maintaining a log of leak detection inspections , a violation of
40 CFR 63.324(d)(3).
C. Pursuant to 40 CFR 63.324(d)(4), the owner or operator of a dry cleaning
facility must maintain repair records. The facility was not maintaining a
record of repairs made on the dry to dry machine when the temperature
exceeded the 45 degree Fahrenheit limit, a violation of 40 CFR
63.324(d)(4).
D. 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 an accurate
log of weekly temperature readings , a violation of 40 CFR 63.324(d)(5).
E. 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 in an open plastic pan and lint was being stored in an
unsealed bucket , a violation of 40 CFR 63.322(j).
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 326 IAC 20-7 which incorporates by reference the
provisions in 40 CFR Part 63 Subpart M, 58 FR 49354, and amendment 58 FR
66287. The Respondent shall comply with the following:
The Respondent shall 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 Respondent shall perform weekly leak detection inspections on the facilities
dry to dry machine. A leak detection inspection record log must be maintained and contain all
the leaks found during the Respondent's weekly leak detection inspection.
The Respondent shall maintain a log of all repairs performed on the dry cleaning
facilities dry to dry machine.
The Respondent shall perform weekly temperature readings of the refrigerated
condenser exhaust and maintain a log of these readings.
The Respondent shall store all perchloroethylene and waste that contains
perchloroethylene in solvent tanks or solvent containers that have no perceptible leaks.
4. All submittals required by this Agreed Order, unless notified otherwise in writing,
shall be sent to:
Chad Pigg, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
5. Respondent is assessed a civil penalty of Five Hundred Dollars ($500). Said
penalty amount shall be due and payable to the Environmental Management
Special Fund within thirty (30) days of the Effective Date of this Agreed Order.
6. Civil penalties are payable by check to the Environmental Management Special
Fund. Checks shall include the Cause 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 paragraph 5 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 officers,
directors, principals, agents, successors, subsidiaries, 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.
By: _________________________ By: _________________________
David P. McIver
Chief, Air Section
Office of Enforcement Printed: ______________________
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:
AO Adopted May 10, 2000
___________________________
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement
Converted by Andrew Scriven