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

COUNTY OF MARION )

COMMISSIONER OF THE DEPARTMENT )

OF ENVIRONMENTAL MANAGEMENT, )

)

Complainant, )

) CAUSE NO. H-13715 v. )

INDUSTRIAL LAUNDRY AND )

DRY CLEANERS, INC. )

)

Respondent. )

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 this agreement does not constitute an admission of any violation contained herein.

1. Complainant is the Commissioner (hereinafter referred to as "Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana established by IC 13-13-1-1.

2. Respondent is Industrial Laundry and Dry Cleaners, (hereinafter referred to as "Respondent"), a company doing business at 2121 Hillside Avenue, Indianapolis, located in Marion County, Indiana.

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

4. Respondent submitted notification as a generator of hazardous waste to the U.S. EPA on October 16, 1992 and was assigned the I.D. # IND 016 417 925. Respondent submitted a 1995 Hazardous Waste Handler Information Update Form indicating its status as a Small Quantity Generator (SQG) of hazardous waste.

• Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:

Mr. Charles Riskin, President and Registered Agent

Industrial Laundry and Dry Cleaners

2121 Hillside Avenue

Indianapolis, Indiana 46218

6. On May 6, 1998, representatives of the Office of Solid and Hazardous Waste Management (OSHWM) of IDEM conducted a Complaint Investigation of your facility. This was followed with a Sampling Investigation on June 22, 1998. IDEM contends that the following violations were in existence or observed at the time of the investigations:

• Pursuant to 40 CFR 262.34(f), a generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month and accumulates hazardous waste for more than 180 days is an operator of a storage facility and is subject to the requirements of 40 CFR 264 and the permit requirements of 40 CFR 270. Based on information gathered by IDEM, Respondent stored thirteen (13) 55-gallon metal containers of waste stoddard solvent still bottoms (D001) in the dry-cleaning room for greater than 180 days and failed to comply with 40 CFR 264 and 40 CFR 270.



• Pursuant to 40 CFR 268.50(a)(1), the storage of hazardous wastes restricted from land disposal under subpart C of 40 CFR 268 is prohibited, unless the generator stores such wastes in tanks or containers on-site solely for the purpose of accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in 40 CFR 262.34. Based on information gathered by IDEM, Respondent stored hazardous wastes restricted from land disposal for greater than 180 days in violation of 40 CFR 262.34 therefore violating the prohibition contained in 40 CFR 268.50.

• Pursuant to IC 13-30-2-1(10) and 40 CFR 270.1(c), a person may not

commence or engage in the operation of a hazardous waste facility without having first obtained a permit from IDEM. Based on information gathered

by IDEM, Respondent operated as a hazardous waste storage facility without first having obtained a permit.

• Pursuant to 329 IAC 3.1-1-10, every hazardous waste generator, transporter, or owner or operator of a hazardous waste storage facility shall notify the Commissioner of such activities on forms provided by the Commissioner. Based on information gathered by IDEM, Respondent failed to notify the Commissioner of its hazardous waste storage activities.



• Pursuant to 40 CFR 262.34(d)(4), a generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180 days or less without a permit provided that the generator marks his containers with the date at which each period of accumulation begins and clearly labels them with the words "Hazardous Waste." Based on information gathered by IDEM, Respondent failed to label ten (10) containers of hazardous waste stored in the dry-cleaning room with either the start of accumulation date or with the words "Hazardous Waste."

• Pursuant to 40 CFR 262.34(c)(1)(i) referencing 40 CFR 265.173(a), a container holding hazardous waste must always be closed during storage except when it is necessary to add or remove waste. Based on information gathered by IDEM, Respondent failed to keep closed two (2) 55-gallon satellite accumulation containers, each approximately 1/4 full of stoddard solvent still bottoms (D001), located in the dry-cleaning room near the distillation unit.



• Pursuant to 40 CFR 262.34(c)(1)(ii), a generator may accumulate as much as much as fifty-five (55) gallons of hazardous waste at or near the point or generation provided that he marks his containers with either the words "Hazardous Waste" or with other words identifying the contents of the containers. Based on information gathered by IDEM, Respondent failed to properly mark the aforementioned two (2) 55-gallon containers of stoddard solvent still bottoms (D001) located in the dry-cleaning room.

• Pursuant to IC 13-30-2-1(1), A person may not discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste into the environment or any publicly owned treatment works in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the appropriate board under environmental management laws. Based on information gathered by IDEM, Respondent allowed the release of contaminants to the ground on the south side of the facility in at least two areas. Respondent also allowed wastewater to drain onto the ground on the northeast side of the facility near the wastewater treatment system. Soil samples obtained by IDEM staff during the June 22, 1998, investigation indicated elevated levels of volatile organic compounds in these areas. Sample analysis and results have been made available to the Respondent for review. There were also oil spills and contaminated soil near the used oil tank and around the tanker trailer, both located on the south side of the facility.

• Pursuant to 40 CFR 262.34(d)(4) referencing 40 CFR 265.31, facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. Based on information gathered by IDEM, Respondent did not operate and maintain his facility in a manner to minimize the aforementioned releases to the environment.

7. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed 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. In the future, Respondent shall ensure that no waste is accumulated on-site for greater than 180 days pursuant to 40 CFR 262.34(d).

3. In the future, Respondent shall ensure that all containers of hazardous waste are properly labeled and made visible for inspection with the start of accumulation date and the words "Hazardous Waste" pursuant to 40 CFR 262.34(f)(4).

4. In the future, Respondent shall ensure that all hazardous waste containers are stored closed except when necessary to add or remove waste pursuant to 40 CFR 262.34(c)(i).

5. In the future, Respondent shall ensure that all satellite accumulation containers are

properly marked with the words "Hazardous Waste" or with other words identifying their contents pursuant to 40 CFR 262.34(c)(1)(ii).

6. In the future, Respondent shall ensure that it maintains and operates its business in a manner that minimizes the possibility of sudden or non-sudden releases of hazardous waste to air, soil, or surface water which could threaten human health or the environment pursuant to 40 CFR 265.31.

7. Within ninety (90) days of the Effective Date of the Order, Respondent shall remove and properly dispose of all waste material contained in the tanker trailer on the south side of the facility. All hard piping to the trailer shall be removed and the trailer shall not be used for any waste storage in the future.

8. Within ninety (90) days of the Effective Date of the Order, Respondent shall submit to IDEM for approval, a closure plan for the container storage area where the D001 waste was stored for greater than 180 days. This closure plan shall be completed in accordance with the provisions of 40 CFR 264, subpart G. Upon approval of the closure plan by IDEM, Respondent shall implement the plan according to the time frames contained therein.

9. Within ninety (90) days of the Effective Date of the Order, Respondent shall submit to IDEM a site assessment plan. The purpose of the site assessment plan will be to conduct sampling and analysis in order to assess the nature and extent of potential soil and/or ground water contamination from the areas of concern on the south and northeast side of the facility as described in Finding of Fact No. 6h. The site assessment plan shall be based upon the principles outlined within IDEM's Risk Integrated System of Closure Technical Resource Guidance Document ("TRGD"), dated February 15, 2001, which can be accessed at: http://www.state.in.us/idem/olq/risc. In addition, the site assessment plan shall be subject to the following items listed below.

a. Address all areas of potential contamination in and around each area of concern, including areas where spills or releases have or may have occurred.

b. Specify the method of determining the number and location of samples to be taken to yield a representative assessment of each area of concern. This method shall be:

(I). random grid sampling, pursuant to Chapters 3 and 4 of the TRGD; or

(II). directed sampling, pursuant to Section 3.4 of Chapter 3 of the TRGD; and

(III). developed to provide locations and methods of any ground water samples pursuant to Section 3.4 of Chapter 3 of the TRGD.

c. Specify how the soil samples will be obtained and handled in order to minimize loss of volatile constituents. Respondent may composite samples of non-volatiles (i.e., metals and semi-volatiles), but shall not composite samples of volatiles, pursuant to Section 3.4 of Chapter 3 of the TRGD.

d. Clearly define all sampling and analytical protocol designed to identify hazardous waste or its constituents, pursuant to 40 CFR Part 261, including 40 CFR Part 261 Appendices I, II, III, and VIII. The site assessment plan shall include the method of sample collection, pursuant to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846. This includes, but is not limited to, sample collection containers, preservatives, and holding times.

e. Specify that chain-of-custody of the samples shall be maintained and Quality Assurance and Quality Control ("QA/QC") procedures shall be followed, pursuant to Appendix 2 of the TRGD.

f. Include within the site assessment plan a supplemental contingent plan for determining the nature and extent of:

(I). soil contamination in the event that sampling and analysis indicates soil contamination to exist above default residential levels as specified in Table A, Appendix 1, of the TRGD; and

(II). ground water contamination in the event that sampling and analysis indicates hazardous waste or its constituents are detected in the ground water as specified in Chapter 4 of the TRGD.

g. Include within the site assessment plan time frames for its implementation.

h. The site assessment plan shall be approved by IDEM prior to its implementation.

10. Within fifteen (15) days of receiving notice from IDEM of approval of the site assessment plan, Respondent shall implement it as approved and in accordance with the time frames contained therein.

11. Within thirty (30) days of receiving notice from IDEM of approval of the site assessment plan, Respondent shall submit the results of the analyses performed above, including chain-of-custody information, and QA/QC records, pursuant to Appendix 2 of the TRGD.

12. If soil or ground water contamination is identified in or around an area of concern, then Respondent shall submit within sixty (60) days subsequent to the completion of the analyses, a remediation workplan to IDEM for the purpose of remediating all soil and/or ground water contamination in and around each area of concern. The remediation workplan shall:

a. Pursuant to Chapter 6 of the TRGD, remediate each area of concern to closure as determined by the analyses to be contaminated. Closure levels shall be one of the following:

1. default residential levels, pursuant to Table A, Appendix 1, in the TRGD; or

2. commercial/industrial default values (if appropriate to the facility), pursuant to Table A, Appendix 1, in the TRGD. Ground water shall meet residential default values at the property boundary or control; or

• closure levels for soil can also be established using non-default procedures presented in Chapter 7 of the RISC Technical Guide. The alternative cleanup level proposal must document that the environmental medium (ground water, surface water, or atmosphere) and that direct contact through dermal exposure, inhalation, or ingestion will not result in threats to human health or the environment: or

4. background levels for metals, pursuant to Section 1.6. of Chapter 1 of the TRGD, and/or the analytical method's estimated quantization limits ("EQLs") for organics.

b. Include a soil and/or a ground water sampling and analysis plan to be performed after the cleanup has been performed which verifies that all contamination has been removed.

c. Include within the remediation workplan time frames for its implementation.

13. Within fifteen (15) days of approval by IDEM of the remediation workplan, Respondent shall implement the plan as approved and in accordance with the time frames contained therein.

14. Within thirty (30) days of completion of the remedial action conducted pursuant to the remediation workplan, Respondent shall submit to IDEM certification by an independent registered professional engineer that the remedial action has been completed as outlined in the approved remediation workplan.

15. All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

Richard R. Milton, Case Manager

Office of Enforcement

Indiana Department of

Environmental Management

P.O. Box 6015

Indianapolis, Indiana 46206-6015

16. Respondent is assessed a civil penalty of $0. This penalty reflects a complete reduction by IDEM based upon evidence submitted by the Respondent which adequately demonstrated an inability to pay a penalty in the amount commensurate with the alleged violations.

17. In the event the following terms and conditions are violated, the Complainant may assess and the Respondent shall pay a stipulated penalty in the following amounts:

Violation Penalty

Failure to comply

with Orders #7 through #13 $1,000/week

18. Stipulated penalties shall be due and payable within thirty (30) days after Respondent receives written notice that the Commissioner has determined a stipulated penalty is due. Assessment and payment of stipulated penalties shall not preclude the Complainant from seeking any additional relief against the Respondent for violation of the Agreed Order. In lieu of assessment of the stipulated penalty given above, the Complainant may seek any other remedies or sanctions available by virtue of Respondent's violation of this Agreed Order, or Indiana Law, including but not limited to civil penalties pursuant to

IC 13-30-4-1.

19. Stipulated penalties are payable by check to the Environmental Management Special Fund. Checks shall include the Cause Number and shall be mailed to:

Cashier

IDEM

100 N. Senate Avenue

P.O. Box 7060

Indianapolis, Indiana 46207-7060

20. This Agreed Order shall apply to and be binding upon the Respondent, its officers, directors, principals, agents, successors, subsidiaries, and assigns. The signatories to this 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 Order.

21. In the event that any terms of this 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.

22. The Respondent shall provide a copy of this Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall by contract require that all contractors, firms, and other persons acting for it comply with the terms of this Order.

23. This Agreed Order shall remain in effect until IDEM issues a Resolution of Cause letter to Respondent.

TECHNICAL RECOMMENDATION: RESPONDENT:

Department of Environmental Management

By: By:

Nancy L. Johnston, Chief Industrial Laundry and

Hazardous Waste Section Dry Cleaners, Inc.

Office of Enforcement

Date: Date:

LEGAL RECOMMENDATION: COUNSEL FOR RESPONDENT:

Department of Environmental Management

By: By:

Office of Legal Counsel

Date: Date:

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

THIS 10 DAY OF August , 2001.

FOR THE COMMISSIONER:

Signed Felicia A. Robinson

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement