NOTICE OF VIOLATION

 

 

Via Certified Mail# _______________ Via Certified Mail# _______________

 

To: Evelyn Ridley-Turner, Commissioner Dana Blank, Superintendent

Indiana Department of Correction Indiana Department of Correction

Indiana Women’s Prison Indiana Women’s Prison

302 West Washington Street 401 North Randolph Street

Indiana Government Center South Indianapolis, Indiana 46201

Room E-334

Indianapolis, Indiana 46202

 

Case No. 2003-12973-A

 

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 10, 2003, The Indiana Department of Correction, which operates The Indiana Women’s Prison Facility, located at 401 Randolph Street, in Indianapolis, Marion County, Indiana, was in violation of the following environmental statute(s), rule(s) and/or permit(s):

    1. 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(c), the owner or operator of a dry cleaning system must notify IDEM via registered mail when the solvent consumption limit is exceeded. This facility did not notify IDEM when the consumption limit was exceeded , a violation of 40 CFR 63.324(c).
    2. 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

      3. 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 purchase receipts and required logs for no less than five years. This facility did not maintain perchloroethylene purchase receipts for 55 gallons purchased in April , 2002, and 30 gallons in July, 2002, a violation of 40 CFR 63.324(d).

    3. 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 months. The facility was not maintaining the log of perchloroethylene purchases in March, 2003 and the rolling total amount of perchloroethylene purchased was not calculated for November and December, 2002, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
    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)(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 for the weeks of January 7, 2002, April 30, 2002, May 15, 2002, June 18, 2002, September 4, 2002, and October 28, 2002, a violation of 40 CFR 63.324(d)(3).
    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)(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 January 7, 2002, April 30, 2002, May 15, 2002, June 18, 2002, August 28, 2002, September 4 and 25, 2002, October 28, 2002, November 7, 14, 21, and 28, 2002, December 5, 12, 19 and 26, 2002, January 3, 10, 17, 24 and 31, 2003, February 7, 14, 21, and 28, 2003, March 7, 14, 21, and 28, 2003 and April 4, 2003, 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 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 8/25/03_______________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

 

cc: Office of Legal Counsel

Melissa Farrington, Office of Enforcement

David Rice, Office of Air Quality

Enforcement File

Public File 10th Floor

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

Kevin Hogan, Department of Correction