VIA CERTIFIED MAIL ______________ VIA CERTIFIED MAIL________________
TO: Thomas E. Proctor, President Joseph Cook, Registered Agent for
Alac Services, Inc. Alac Services, Inc.
233 Sycamore St. 233 Sycamore St.
Anderson, Indiana 46016 Anderson, Indiana 46016
Designated representatives of the Indiana Department of Environmental Management
(IDEM) conducted inspections of Alac Services, Inc. (d/b/a Alac Garment Services), located at
233 Sycamore Street, Anderson, Indiana, on September 10 and November 6, 1998, and January
28 and February 17, 1999. The EPA I.D. No. of the facility is IND 016184608.
The inspections revealed violations of the Indiana Code (IC) 13-30 and the Hazardous
Waste Management Rules under 329 IAC 3.1. Article 3.1 of Title 329 incorporates many of the
federal hazardous waste management standards found in 40 CFR Part 260 through 40 CFR Part
273.
The violations observed are as stated in Finding No. 7 of the enclosed proposed Agreed
Order.
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 of any violation.
Entering into an Agreed Order will prevent the issuance of an Order of the Commissioner
under IC 13-30-3-4 or the filing of a civil court action under or IC 13-14-2-6. IDEM encourages
timely settlement by Agreed Order, thereby saving time and resources. Timely settlement by
Agreed Order may result in a reduced penalty. Settlement discussions will also give you the
opportunity to present any mitigating factors that may be relevant to the violations. In addition,
as provided in IC 13-30-3-3, you may enter into an Agreed Order without admitting that the
violations occurred.
Please contact the Enforcement Case Manager, Ms. Brenda Lepter, at 317/233-5971,
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 Ms. Lepter at the above address within the sixty (60) day settlement period.
FOR THE COMMISSIONER:
Signed on 6/25/99
Date: _______________ _____________________
Felicia Robinson George
Assistant Commissioner
Office of Enforcement
Enclosure
cc: Madison County Health Department
Mr. Aaron Schmoll, Office of Legal Counsel
Mr. Mark Espich, Office of Solid and Hazardous Waste Management
File 1B2, OSHWM File Room
http://www.state.in.us/idem
Converted by Andrew Scriven