STATE
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BEFORE
THE INDIANA DEPARTMENT
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OF ENVIRONMENTAL MANAGEMENT |
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COMMISSIONER OF THE DEPARTMENT |
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OF ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2004-14149-A |
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LEONARD MATTOX d/b/a |
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ECONO LAUNDRY-DRY CLEANING |
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Respondent. |
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NOTICE AND ORDER OF THE
COMMISSIONER OF THE
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
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VIA CERTIFIED MAIL No |
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To: |
Mr. Leonard Mattox d/b/a |
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Econo Laundry-Dry Cleaning |
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This Notice and Order of
the Commissioner of the Indiana Department of Environmental Management
("Order") is issued against Leonard Mattox d/b/a Econo Laundry-Dry
Cleaning (“Respondent”) pursuant to IC 13-30-3-4, IC 13-30-3-10, and IC
13-30-3-11, and is based on violations found during an investigation conducted
by the Indiana Department of Environmental Management (“IDEM”) on June 1,
2004. Specifically, the investigation
revealed violations of 326 IAC 20-7-1 as specified below:
FINDINGS
1.
Complainant is the Commissioner of IDEM, a department of the
State of
2.
Respondent owns and operates a dry cleaning facility, with
ID Number IN0503375, located at
3.
IDEM has jurisdiction over the parties and subject matter of
this action.
4.
Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63,
Subpart M, National Emission Standards for Hazardous Air Pollutants for Source
Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR
27785 (June 3, 1996), were adopted by reference by the air pollution control
board. Pursuant to 40 CFR 63.324(d), the
owner or operator of a dry cleaning facility must maintain all
perchloroethylene (“perc”) purchase receipts and required logs for no less than
five (5) years.
The Respondent provided perc purchase receipts for October 2000 (15 gallons),
August 2002 (60 gallons), and February 2004 (30 gallons). The Respondent did
not have perchloroethylene purchase receipts for the remainder of the period
from June 1, 1999 through June 1, 2004, in violation of 40 CFR 63.324(d), and
therefore in violation of 326 IAC 20-7-1.
5.
Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63,
Subpart M, National Emission Standards for Hazardous Air Pollutants for Source
Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR
27785 (June 3, 1996), were adopted by reference by the air pollution control
board. 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 (12) months.
The Respondent did not have monthly perc purchase records available from
September 1999 through April 2004. Additionally, there were no twelve-month
rolling total records from September 1999 through April 2004, in violation of
40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2), and therefore in violation of 326
IAC 20-7-1.
6.
Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63,
Subpart M, National Emission Standards for Hazardous Air Pollutants for Source
Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR
27785 (June 3, 1996), were adopted by reference by the air pollution control
board. 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 Respondent did not have a log of leak detection inspections available from
June 1999 through May 2004, in violation of 40 CFR 63.324(d)(3), and therefore
in violation of 326 IAC 20-7-1.
7.
Pursuant to 326 IAC 20-7-1, the provisions of 40 CFR 63,
Subpart M, National Emission Standards for Hazardous Air Pollutants for Source
Categories: Perchloroethylene Dry Cleaning Facilities, as amended at 61 FR
27785 (June 3, 1996), were adopted by reference by the air pollution control
board. 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.
The Respondent did not have a log of weekly temperature readings available from
June 1999 through May 2004, in violation of 40 CFR 63.324(d)(5), and therefore
in violation of 326 IAC 20-7-1.
8.
On September 7, 2004, a Notice of Violation was issued,
pursuant to IC 13-30-3-3 to the Respondent for the violations cited above. Respondent received this Notice of
Violation but did not put the date of
delivery on the green card. Respondent
first contacted IDEM regarding the Notice of Violation on September 13, 2004.
9.
The Notice of Violation contained an offer to enter into an
Agreed Order. Additionally, IDEM
provided the Respondent with a proposed Agreed Order.
10.
More than sixty (60) days have elapsed since Respondent was
offered the opportunity to enter into an Agreed Order.
11.
The Respondent has not entered into an Agreed Order
resolving the violations cited above.
ORDER
1.
The Respondent shall immediately cease and desist violations
of 40 CFR 63 Subpart M, National Emission Standards for Hazardous Air
Pollutants, Perchloroethylene Dry Cleaning Facilities, as incorporated by
reference in 326 IAC 20-7-1.
2.
The Respondent shall pay a civil penalty of Three Thousand
Dollars ($3,000) for the violations cited above. This penalty shall be remitted to the
Department of Environmental Management within thirty (30) days of the Effective
Date of this Order. Checks shall be made
payable to the Environmental Management Special Fund, with the Case Number
indicated on the checks and mailed to:
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Indiana Department of Environmental Management |
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Cashier’s Office - Mail Code 50-10C |
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3.
This Order shall apply to and be binding upon the
Respondent, its successors and assigns. No change in ownership, corporate, or
partnership status of the Respondent shall in any way alter its status or
responsibilities under this Order.
EFFECTIVE
DATE OF ORDER
Pursuant to IC 13-30-3-5,
this Order takes effect twenty (20) days following receipt unless you request
review of this Order, before the twentieth day after receipt, by filing a
written request for review with the Office of Environmental Adjudication, and
serving a copy of the request for review upon the Commissioner of the Indiana
Department of Environmental Management.
You may request that the Office of Environmental Adjudication conduct a
hearing to review this Order, under IC 4-21.5, in its entirety, or you may
limit your request for review to specific findings and/or orders contained in
this Order. Requests for review must be
submitted to the Office of Environmental Adjudication and the Commissioner of
the Indiana Department of Environmental Management at the following addresses:
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Commissioner |
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Office of Environmental Adjudication |
IDEM |
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100 North Senate |
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Failure to properly submit
a request for review, before the twentieth day following receipt of this Order
of the Commissioner, waives your right to administrative review of this Order
and your right to judicial review of the Order.
The petition for administrative review must contain the following
information:
a.
Name, address, and telephone number of each person filing
the petition.
b.
Identification of the interest of each petitioner in the
subject of the petition.
c.
Statement of facts demonstrating that the petitioner is:
(A)
a person to whom the order is directed;
(B)
aggrieved or adversely affected by the order; or
(C)
entitled to review under any law.
d.
Statement with particularity of the legal issues proposed
for consideration in the proceedings.
The petition for
administrative review should also contain the following information:
a.
Identification of any persons represented by the person
making the request.
b.
Statement identifying the person against whom administrative
review is sought.
c.
A copy of the notice of the commissioner’s action issued by
the department of environmental management which is the basis of the petition
for administrative review.
d.
Statement indicating the identification of petitioner’s
attorney or other representative.
If you have procedural or
scheduling questions regarding your request for review you may contact the
Office of Environmental Adjudication at (317) 232-8591.
Dated
at
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Signed 04/25/06 |
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Thomas W. Easterly |
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Commissioner |
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cc: |
Dearborn County Health Department |
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Dearborn County Public file |
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Jay Rodia , Office of Legal Counsel |
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Dave Rice, Inspector |
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Kristopher M. Grinnell, Office of Enforcement |
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