NOTICE OF VIOLATION

Via Certified Mail #

To: Tom Slade, DBA

Curley's Cleaners

3838 North Illinois Street

Indianapolis, Indiana 46208

Case No. 2002-11206-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 2, 2002, Tom Slade, DBA Curley's Cleaners ("Respondent"), located at 3838 North Illinois Street, Indianapolis, Marion County, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

A. Pursuant to 40 CFR 63.322(j), the owner or operator of a dry cleaning facility must store all perchloroethylene and perchloroethylene-containing waste in solvent tanks or solvent containers with no perceptible leaks. The facility was storing perchloroethylene-containing waste from the Realstar machine in a five gallon plastic bucket with no lid in place, a violation of 40 CFR 63.322(j).

B. Pursuant to 40 CFR 63.322 (c), the owner or operator of a dry cleaning system must close the door of each dry cleaning machine immediately after transferring articles to or from the machine, and shall keep the door closed at all other times. The facility did not have the door closed to the Columbia machine during the inspection, a violation of 40 CFR 63.322 (c).

C. Pursuant to 40 CFR 63.323(a)(1), the owner or operator of a dry cleaning system must measure the temperature on the refrigerated condenser exhaust weekly. This facility did not conduct temperature measurements for either the Realstar or the Columbia machines, a violation of 40 CFR 63.323(a)(1).

D. 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 or could not produce any perchloroethylene receipts for review, a violation of 40 CFR 63.324(d).

E. 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 months. The facility was not maintaining the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).

F. 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 facility was not maintaining a log of leak detection inspections, a violation of 40 CFR 63.324(d)(3).

G. 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 maintain a log of weekly temperature readings, a violation of 40 CFR 63.324(d)(5).

H. Pursuant to 40 CFR 63.324 (e), the owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility. This facility had a owners' manual and design specifications for the Realstar machine but did not have the manual for the Columbia machine, a violation of 40 CFR 63.324 (e).

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 Melissa Farrington at (317) 232-8409 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 4/30/02

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Marion County Health Department

Jay Rodia, Office of Legal Counsel

Melissa Farrington, Office of Enforcement

David Rice, Office of Air Quality

Enforcement File

Public File

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