NOTICE OF VIOLATION

    
Via Certified Mail# _______________        Via Certified Mail#_______________

To:    Marlin Martin, d.b.a.                Mar-Lo, Inc.
    Elkhart Speedwash                Marlin Martin, President
    2701 S. Main Street                Elkhart Speedwash
    Elkhart, Indiana 46517            2632 Pleasant Plain
                            Elkhart, Indiana 46517
    
    
Case No. 1999-3456-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on November 30, 1998, Elkhart Speedwash, 2701 S. Main Street, Elkhart, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

        Pursuant to 40 CFR 63.322(a)(1), the owner or operator of a dry cleaning system must operate each dry to dry machine using a refrigerated condenser or an equivalent control device. This facility was not equipped with a refrigerated condenser or equivalent control device on the dry to dry machine, a violation of 40 CFR 63.322(a)(1).
         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 because the facility did not have a refrigerated condenser , a violation of 40 CFR 63.323(a)(1).
             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).
             D.    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 because the facility did not have a refrigerated condenser, a violation of 40 CFR 63.324(d)(5).

        E.    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 did not maintain a copy of the design specifications and the operating manuals , a violation of 40 CFR 63.324(e).
    
             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 in unsealed buckets, a violation of 40 CFR 63.322(j).
    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 Chad Pigg at (317) 233-1135 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:

                            Signed 1-25-00
Date:    _______________                _________________________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

Converted by Andrew Scriven