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STATE OF INDIANA    )        BEFORE THE INDIANA DEPARTMENT
                )    SS:    OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION    )

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )    CASE 1999-3623-A
                            )
JOHN MAY, d.b.a., COURTESY 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 (hereinafter referred to as "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 John May, d.b.a., Courtesy Cleaners (hereinafter referred to as "Respondent"), which is a dry cleaning business at 8080 Highway U.S. 40, located in Terre Haute, 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:

            John May, d.b.a.,
            Courtesy Cleaners
            8080 Highway U.S. 40
            Terre Haute, Indiana 47802

    5.    Rule 326 IAC 20-7 incorporates by reference the provisions in 40 CFR part 63 Subpart M, 58 FR 49354, and amendment 58 66287.
                
    6.    On July 16, 1999, an inspector of he Department of Air Management, Indiana Department of Environmental Management visited the dry cleaning establishment listed above and found the following violations:

         A.    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 have any receipts for perchloroethylene purchased after May 15, 1998, although it was reported that perchloroethylene has been purchased since that date. This is a violation of 40 CFR 63.324(d).

        B.    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 current logs a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2). The last monthly and 12-month rolling total of perchloroethylene record was dated May, 1998. In addition, records for April 16 and May 15, 1998 were missing or calculated improperly, violations of 40 CFR 63.324(d).

        C.    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 following dates: October 24 and November 27, 1997, December 26, 1998, and from May 22, 1999 through July 11, 1999. These are violations of 40 CFR 63.324(d)(3).

        D.    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 63.322(m) and (n). Leaks were noted in the leak detection inspection log on January 6, 1998 and July 27, 1998, but there were no entries in the repair record for these leaks, a violation of 40 CFR 63.324(d)(4).

        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 July 14, 1999, a violation of 40 CFR 63.324(d)(5).             

        F.    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 used lint filters behind the dry-to-dry machines as well as storing perchloroethylene-containing waste in an open container, 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.    The Respondent shall follow all the terms and conditions of Rule 326 IAC 20-7, which incorporates by reference the provisions in 40 CFR part 63 Subpart M, 58 FR 49354, and amendment 58 66287.

    3.    To correct the current violations,

        A.    The Respondent shall immediately begin to maintain a record of all perchloroethylene purchase receipts and required logs for no less than five years. Past years receipts shall be obtained from company or supplier records.

        B.    The Respondent shall immediately begin to 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. Past years records shall be updated when old receipts are obtained.


        C.    The Respondent shall immediately begin to maintain a log of the dates when leak detection inspections are conducted on dry cleaning system components.

        D.    The Respondent shall immediately begin to maintain a log of the dates of repair and records of written or verbal orders for repair parts.

        E.    The Respondent shall immediately begin to maintain a log of weekly temperature readings of the refrigerated condenser exhaust.

        F.    The Respondent shall store all perchloroethylene and perchloroethylene- containing waste in closed solvent tanks or solvent containers with no perceptible leaks.

    4.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:
                            
        Stacey C. Lush, 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 Six Hundred Dollars ($600). 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 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 paragraph five (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 the Respondent has complied with all terms and conditions of this Agreed Order.

TECHNICAL RECOMMENDATION:        John May, d.b.a., Courtesy Cleaners:
Department of Environmental Management

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:
                            

                            _Signed April 11, 2000_
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement
                            

                                        

Converted by Andrew Scriven