NOTICE OF VIOLATION

VIA CERTIFIED MAIL # VIA CERTIFIED MAIL #

To: Mr. Anthony Cobb Mr. Anthony Cobb

Deering Cleaners Deering Cleaners

1616 E.Stop 11 Road 3844 South Madison Avenue

Indianapolis, Indiana 46227 Indianapolis, Indiana 46227

Cause No. H-12752

Designated representatives of the Indiana Department of Environmental Management (IDEM) conducted inspections of Deering Cleaners, originally at 2371 East Stop 11 Road, now relocated to 3844 South Madison Avenue, in Indianapolis, Indiana. IDEM conducted inspections of the Stop 11 site on March 12 and 22, and April 29, 1996, and of the Madison Avenue site on June 5, 1996. The U.S. EPA I.D. number of the Stop 11 facility was IND 107 235 202. The South Madison Avenue facility does not have an EPA I.D. number.

The inspections revealed violations of the Indiana Code and the Hazardous Waste Rules under 329 IAC 3.1. This article incorporates July 1, 1992 federal standards for the management of hazardous waste, which have been published in 40 CFR 260 through 40 CFR 270.

In accordance with IC 13-30-3-3, the Commissioner is required to notify you in writing that the Commissioner believes a violation exists and offer you 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.

If settlement is not reached within sixty (60) days of your receipt of this Notice, the Commissioner may issue an Order pursuant to IC 13-30-3-4, containing the actions you must take 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 any violation.

The timely entry into an Agreed Order will prevent the necessity of an Order of the Commissioner being issued under IC 13-30-3-4, or the filing of a civil court action under IC 13014-10 or IC 13-13-2-6. Advantages of entering into an Agreed Order are:

1. You may not be required to admit that any violation occurred.

2. The civil penalty may be less than that imposed under an Order of the Commissioner.

Please contact Ms. Aubrey N. Sherif at 317-233-5970 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 4/15/97

Patrick Carroll

Director

Office of Enforcement

cc: Marion County Health Department (without enclosure)

Office of Legal Counsel (with enclosure)

Mr. Richard R. Milton (with enclosure)

Mr. Chris Lowell (with enclosure)

Judy Dicus Thomann, Southwest Regional Office (w/enclosure)

OLQ 1B2 File (w/enclosure)

http://www.state.in.us/idem