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. 2000-9476-A
)
S & S CONSULTANTS, INC., 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 ("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 S & S Consultants, Inc., d.b.a. Deering Cleaners ("Respondent"), which is a dry cleaning business located at 6137 Crawfordsville Road, in Speedway, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
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Page 2
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Mr. Adam Mears
S & S Consultants, Inc., d.b.a.
Deering Cleaners
8395 Keystone Crossing, Suite 100
Indianapolis, Indiana 46240
5. An inspection, on May 26, 2000, was conducted at the Site by a representative of IDEM's Office of Air Management (OAM). The following violations were in existence or observed at the time of this inspection:
A. Pursuant to 40 CFR 63.323(d), when calculating the 12-month rolling total of perchloroethylene consumption, the owner or operator shall sum the volume of all perchloroethylene purchases made in each of the previous 12 months. The respondent did not properly calculate the 12-month rolling totals for November 1999, January, 2000, and February, 2000, violations of 40 CFR 63.323(d).
B. 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 receipt for December, 1999, a violation of 40 CFR 63.324(d).
C. Pursuant to 40 CFR 63.324(d)(2), the owner or operator of a dry cleaning facility must maintain a log of the total amount of perchloroethylene purchased in the prior twelve months. The facility did not calculate the 12-month rolling total of perchloroethylene purchased for March or April, 2000, violations of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
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 have a log entry for the September 28, 1999 weekly temperature reading, 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.
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Page 3
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 all the terms and conditions of Rule 326 IAC 20-7 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 properly calculate the 12-month rolling total of perchloroethylene consumption by summing the volume of all perchloroethylene purchases made in each of the previous 12 months. All incorrect entries log book shall also be corrected.
B. The Respondent shall immediately begin to must maintain all perchloroethylene purchase receipts and required logs for no less than five years. The missing perchloroethylene purchase receipt for December, 1999 shall be obtained from your vender.
C. The Respondent shall immediately begin to maintain a log of the total amount of perchloroethylene purchased in the prior twelve months. The missing entries for March and April, 2000 shall be calculated and entered into your records.
D. The Respondent shall immediately begin to consistently maintain a log of weekly temperature readings of the refrigerated condenser exhaust.
4. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Eric Larsen, 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 One Thousand Two Hundred Dollars ($1,200). Said penalty amount shall be due and payable in three equal consecutive monthly payments of Four Hundred Dollars ($400) each. The first
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payment shall be due and payable within 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 Order 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 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.
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 the terms and conditions of this Agreed Order. .
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Page 5
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management S & S Consultants, Inc., d.b.a.
Deering Cleaners
By: _________________________ By: _________________________
David P. McIver, Section Chief
Air Enforcement Printed: ______________________
Office of Enforcement
Title: ________________________
Date: ________________________ Date: ________________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: _________________________ By: ________________________
Jay Rodia
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:
Signed on 10/27/2000
Felicia A. Robinson
Assistant Commissioner
Office of Enforcement