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NOTICE OF VIOLATION

    
Via Certified Mail#

To:    Mr. Mark Mascari, d.b.a.
    Mascari One Hour Cleaners
    8845 Southeastern Avenue
    Indianapolis, Indiana 46239
    
    

Case No. 2000-9305-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 18, 2000, Mascari One Hour Cleaners, at 8845 Southeastern Avenue, Indianapolis, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

    A.     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).

    B.     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. Some of the information supplied by E. J. Thomas, the facility's perchloroethylene supplier, did not match what was listed in the facility's logs, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).

    C.    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 that included January 27, 1999 or April 16, 2000, violations of 40 CFR 63.324(d)(3).


    D.    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 63.322(m) and (n). Repairs were required for temperature measurements that exceeded 45 degrees Fahrenheit that occurred on August 13, 21, and 28, 1998, September 8, 13, 18, and 23, 1998, October 3, 13, 18, 23, and 28, 1998, and November 1, 1998, but there was no repair noted in the maintenance log. In addition, a leak was noted at the "Stills" in the December 23, 1998 entry of the weekly leak detection inspection record, but there was no corresponding entry of repair in the maintenance log. These are violations of 40 CFR 63.324(d)(4) .

    E.    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 January 27, 1999, November 12, 1999, and April 16, 2000 , violations 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 Stacey C. Lush at (317) 232-8428 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 June 16, 2000
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Marion County Health Department
    Stacey C. Lush, Office of Enforcement
    David Rice, Office of Air Management
    Enforcement File
    OAM Public File
    http://www.ai.org/idem/

Converted by Andrew Scriven