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. 1999-3653-A
                            )
GREG WILSON d.b.a.                )
DEERING 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 Greg Wilson, d.b.a. Deering Cleaners (hereinafter referred to as "Respondent"), who owns and operates a dry cleaning operation located at 818 Logan Street, in Noblesville, 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:

                     Greg Wilson, d.b.a.
                    Deering Cleaners
                    818 Logan Street
                    Noblesville, Indiana 46060            
    
    5.    On August 26,1999, a designated representative of the Indiana Department of Environmental Management (IDEM) conducted an inspection of the Respondent's dry cleaning facility. The Respondent was found in violation of 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 following violations were found:

              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 perchloroethylene purchase receipts for July, August, September, November, and December, 1997, 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 was not accurately maintaining the 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).

        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 was not maintaining a log of leak detection inspections since August 10, 1999, a violation of 40 CFR 63.324(d)(3).

        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 was not maintaining a log of weekly temperature readings since August 3, 1999 , 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 his delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.

    2.    Respondent shall maintain all perchloroethylene purchase receipts and required logs for no less than five years.

    3.    Respondent shall keep a correct and complete record of the amount of Perchloroethylene purchased in the prior month and the total amount of Perchloroethylene purchased in the prior twelve months.    

    4.    Respondent shall keep an up to date weekly leak detection inspection record.
    
    5.    Respondent shall keep an up to date log of weekly temperature readings of the refrigerated condenser exhaust.

    6.    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

    7.    Respondent is assessed a civil penalty of Four Hundred Dollars ($400). 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.
    
    8.    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

    9.    In the event that the civil penalty required by paragraph 7 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.

    10.    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.

    11.    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.

    12.    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.

    13.    This Agreed Order shall remain in effect for 2 years after the Effective Date of this Order.

TECHNICAL RECOMMENDATION:        GREG WILSON, d.b.a.
Department of Environmental Management        DEERING CLEANERS:

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 ____________________, 2000.

                            For the Commissioner:

                            Adopted 3-17-2000
                            ___________________________
                            Felicia Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven