NOTICE OF VIOLATION
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Via Certified Mail #: |
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_______________________________ |
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To: |
Robert
Cochrane, President and Registered Agent |
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Green
Clean Dry Cleaners, Inc dba Deering Cleaners |
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Case No. 2005-14924-A
Based on an investigation on September 20, 2005, the Indiana Department
of Environmental Management (IDEM) has reason to believe that Green Clean Dry
Cleaners, Inc dba Deering Cleaners (Respondent) has violated environmental rules. The violations are based on the following:
Respondent owns and operates a dry cleaning facility located at
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 a total
of 20 weeks during the period from September 3, 2003 to June 3, 2005,a violation of 40 CFR 63.324(d)(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), the
owner or operator of a dry cleaning facility must maintain all
perchloroethylene purchase receipts and required logs for no less than five
years.
The Perc records were not at the store available for review. The owner could not make them available to
the inspector at the time of the inspection, a violation of 40 CFR 63.324(d).
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 63.322(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.
During the inspection the IDEM representative noted a used lint filter lying
behind a machine, a violation of 40 CFR 63.322(j).
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 a total of 18 weeks during the
period from the week of March 26, 2004 to June 3, 2005, a violation of 40 CFR 63.324(d)(3).
In
accordance with IC 13-30-3-3, the Commissioner herein provides notice that a
violations may exist and offers an opportunity to enter into an Agreed Order
providing for the action 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.
As
provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order
without admitting that the violations occurred.
IDEM encourages settlement by Agreed Order, thereby resulting in quicker
correction of the environmental violations and avoidance of extensive
litigation. Timely settlement by Agreed
Order may result in a reduced civil penalty.
Also, settlement discussions will allow the opportunity to present any
mitigating factors that may be relevant to the violations.
If an
Agreed Order is not entered into within sixty (60) days of receipt of this
Notice of Violation, the Commissioner may issue a Notice and Order under IC
13-30-3-4 containing the actions that must be taken to correct the violations
and requiring the payment of 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
Kristopher M. Grinnell at (317) 233-1133 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.
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For
the Commissioner: |
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Date: |
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Signed 03/15/06 |
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Matthew
T. Klein |
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Assistant
Commissioner |
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for
Compliance & Enforcement |
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cc: |
Marion
County Health Department |
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Office
of Legal Counsel |
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Kristopher
M. Grinnell, Office of Enforcement |
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Dave
Rice, Office of Air Quality |
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Public
File – 10th Flr. |
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Enforcement
File |
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http://www.IN.gov/idem |
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