NOTICE OF VIOLATION

Via Certified Mail#

To: John May, d.b.a.

Courtesy Cleaners

2701 East Wabash

Terre Haute, Indiana 47803

Case No. 2000-10105-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 15, 2000 John May, d.b.a. Courtesy Cleaners, 2701 East Wabash, Terre Haute, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

• Pursuant to 40 CFR § 63.322(j), the owner or operator of a dry-cleaning facility shall store all perchloroethylene and wastes that contain perchloroethylene in solvent tanks or solvent containers with no perceptible leaks. During the November 15, 2000 investigation it was observed that this facility stored a waste that contains perchloroethylene in an uncovered container, a violation of 40 CFR § 63.322(j).

B. Pursuant to 40 CFR § 63.324(d)(1), the owner or operator of a dry-cleaning facility shall keep receipts of perchloroethylene purchases and maintain a log showing the volume of perchloroethylene purchased each month by the dry-cleaning facility as recorded from perchloroethylene purchases. During the November 15, 2000 investigation it was observed that this facility failed to maintain a log showing the volume of perchloroethylene purchased during the months of July, August, September, and October, 2000 a violation of 40 CFR § 63.324(d)(1).

C. Pursuant to 40 CFR § 63.324(d)(2), the owner or operator of a dry-cleaning facility shall keep receipts of perchloroethylene purchases and maintain a log showing the calculation and result of the yearly perchloroethylene consumption on the first day of each month as specified in 40 CFR § 63.323(d). During the November 15, 2000 investigation it was observed that this facility failed to maintain a log showing the calculation and result of the yearly perchloroethylene consumption on the first day of each month as specified in 40 CFR § 63.323(d) during the months of July, August, September, and October, 2000 a violation of 40 CFR § 63.324(d)(2).

D. Pursuant to 40 CFR § 63.324(d)(3), the owner or operator of a dry-cleaning facility shall maintain a log showing the dates when the dry-cleaning system components are inspected for perceptible leaks, as specified in 40 CFR § 63.322(k) or (l), and the name or location of dry-cleaning components where perceptible leaks are detected. During the November 15, 2000 investigation it was observed that this facility failed to maintain a log showing the dates when the dry-cleaning system components are inspected for perceptible leaks, as specified in 40 CFR § 63.322(k) or (l), and the name or location of dry-cleaning components where perceptible leaks are detected during the months of January, February, March, April, May, and June, 2000 violations of 40 CFR § 63.324(d)(3).

• Pursuant to 40 CFR § 63.324(d)(4), the owner or operator of a dry-cleaning facility shall maintain a log of the dates of repair and records for repair parts to demonstrate compliance with 40 CFR § 63.322(m) and(n). During the November 15, 2000 investigation it was observed that this facility failed to maintain a log of the dates of repair and records for repair parts to demonstrate compliance with 40 CFR § 63.322(m) and(n) during the months of July, August, September, October, and November, 2000 a violation of 40 CFR § 63.324(d)(4).



• Pursuant to 40 CFR § 63.324(d)(5), the owner or operator of a dry-cleaning facility shall maintain a log showing the date and temperature sensor monitoring results, as specified in 40 § CFR 63.323 if a refrigerated condenser is used to comply with 40 CFR § 63.322(a) or (b). During the November 15, 2000 investigation it was observed that this facility failed to maintain a log showing the date and temperature sensor monitoring results, as specified in 40 CFR § 63.323 if a refrigerated condenser is used to comply with 40 CFR § 63.322(a) or (b) during June, 1999; July, August, September, October, November, and December, 1999; and January and February, 2000 a violation of 40 CFR § 63.324(d)(5).

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

Please contact Eric Larsen at (317) 233-1133 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Date: _______________ Signed on 02/11/2002

Felicia A. Robinson

Deputy Commissioner

For Legal Affairs

cc: John Kelly, US EPA Region 5

Vigo County Health Department

Eric Larsen, Office of Enforcement

Dave Rice, Office of Air Management

Enforcement File

OAM Public File

http://www.ai.org/idem/