NOTICE OF VIOLATION

Via Certified Mail# _______________

To: Brad Hassler DBA

Hassler Textile Service

700 Eastern Avenue

Connersville, Indiana 47331

Case No. 2003-12848-A

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 14, 2003, Brad Hassler DBA Hassler Textile Service, who owns and operates the dry cleaning facility, located at 700 Eastern Avenue, in Connersville, Fayette County, Indiana, is in violation of the following environmental statute(s), rule(s) and/or permit(s):

    1. 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, the separator water, in a large container and allowing it to evaporate, a violation of 40 CFR 63.322(j).
    2. 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 total, a violation of 40 CFR 63.323(d).
    3. 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 did not maintain the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased for October, 2002, November, 2002, December, 2002, January, 2003 and February, 2003, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
    4. 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 did not maintain a log of leak detection inspections for the weeks of August 14 and 21, 1998; April 12, July 20, August 23 and 30, September 27, and December 13, 1999; January 21, April 3, May 8, and June 20, 2000; February 26, July 30, November 19, 2001; March 4 and 25, and April 1 and 29, 2002; and March 10, 2003, a violation of 40 CFR 63.324(d)(3).

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    5. Pursuant to 40 CFR 63.324(d)(4), the owner or operator of a dry cleaning facility must maintain a log of the dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with 40 CFR 63.324(d) (4). This facility did not maintain repair records for leaks that were noted in the leak detection inspection record, a violation of 40 CFR 63.324(d) (4).
    6. 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 for the weeks of August 14 and 21, 1998; April 12, July 20, August 23 and 30, September 27, and December 13, 1999; January 21, April 3, May 8, and June 20, 2000; February 26, July 30, November 19, 2001; March 4 and 25, and April 1 and 29, 2002; 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.

To discuss this matter further, please contact Melissa Farrington at 317-232-8409 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

 

Date: _______________ signed 7/1/03____________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Fayette County Health Department

Office of Legal Counsel

Melissa Farrington, Office of Enforcement

David Rice, Office of Air Quality

Enforcement File

Public File 10th Floor

http://www.ib.gov/idem/enforcement/