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

COMMISSIONER OF THE DEPARTMENT    )
OF ENVIRONMENTAL MANAGEMENT,    )
                            )
        Complainant,                )
                            )
            v.                )    CAUSE NO. A-4509
                            )
ANGELA ROWEKAMP, d.b.a.            )
MASCARI CLEANERS,                )
                            )
        Respondent.                )

    2.    Respondent is Angela Rowekamp, d.b.a. Mascari Cleaners (hereinafter referred to as "Respondent"), which is a dry cleaning facility located at 916 East Main Street, 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:

                 Angela Rowekamp, d.b.a
                Mascari Cleaners
                916 East Main Street
                Greenwood, Indiana 46142            
    
    5.    Rule 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.

    6.    On February 23, 1999, an inspector from the Office of Air Management of the Department of Environmental Management inspected the Respondent's dry cleaning facility located at 916 East Main Street, in Greenwood, Indiana. The following violations were observed:

        A.    40 CFR 63.324(d)(1) and (2) require the Respondent to maintain the amount of perchloroethylene purchased in the prior month and the total amount of perchloroethylene purchased in the prior twelve months starting December 1993. The Respondent did not properly calculate the twelve- month rolling total amount of perchloroethylene purchased, nor did he keep his records current. The Respondent's records ended in December 1998.

        B.    40 CFR 63.324(d)(3) requires the Respondent to maintain a weekly leak detection record. The Respondent's leak detection record was not current. The last entry in your record book was December 21, 1998.
    
        C.    40 CFR 63.324(d)(5) requires the Respondent to maintain a weekly temperature measurement log of the temperature of the exhaust on the exit side of the refrigerated condenser. The Respondent's log was not current. The last entry in your record book was December 21, 1998.

        D.    40 CFR 63.322(j) requires the Respondent to store all perchloroethylene and waste that contain perchloroethylene in solvent tanks or solvent containers with no perceptible leaks. During the inspection, muck was observed in a container with no lid on it; contaminated lint filters were lying on top of the dry to dry machine; and the lint trap on the dry to dry machine was not properly closed.

    7.    In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

    2.    Respondent shall properly calculate the twelve-month rolling total amount of perchloroethylene purchased in the prior month and the total amount of perchloroethylene purchased in the prior twelve months.

    3.    Respondent shall maintain a current weekly leak detection record.

    4.    Respondent shall maintain a current weekly temperature measurement log of the temperature of the exhaust on the exit side of the refrigerated condenser. The temperature of the exhaust shall not exceed 45 degrees F.

    5.    Respondent shall store all perchloroethylene and waste that contain perchloroethylene in solvent tanks or solvent containers with no perceptible leaks.
        All the lids must be on the containers that contain perchloroethylene and waste that contain perchloroethylene. All contaminated lint filters shall be stored in a sealed container. The lint trap on the dry to dry machine shall be properly closed.
    
    6.    All submittals required by this Agreed Order, unless notified otherwise in writing, shall be sent to:

        John Tucker, 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 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.
    
    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 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 ____________________, 199___.

                            For the Commissioner:

                            Signed on 12/02/99
                            Felicia Robinson George
                            Assistant Commissioner of Enforcement

Converted by Andrew Scriven