STATE OF INDIANA ) BEFORE THE INDIANA DEPARTMENT
) SS: OF ENVIRONMENTAL MANAGEMENT
COUNTY OF MARION )
COMMISSIONER OF THE DEPARTMENT )
OF ENVIRONMENTAL MANAGEMENT, )
)
Complainant, )
)
v. ) Case No. 2001-10902-A
)
INDIANA DEPARTMENT OF CORRECTION, )
)
)
Respondent. )
AGREED ORDER
The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.
I. FINDINGS OF FACT
1. Complainant is the Commissioner ("Complainant") of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.
2. Respondent is Indiana Department of Correction, ("Respondent"), who owns and operates a drycleaning facility at the Pendleton Correctional Facility located at 4490 West Reformatory Road, in Pendleton, Madison County, Indiana ("Site").
3. The Indiana Department of Environmental Management ("IDEM") has jurisdiction over the parties and the subject matter of this action.
4. Pursuant to IC 13-30-3-3, IDEM issued a Notice of Violation via Certified Mail to:
Gary Wilson, Laundry Foreman Ms. Evelyn Ridley-Turner, Commissioner Indiana Department of Correction Indiana Department of Correction
Pendleton Correctional Facility 302 West Washington Street
4490 West Reformatory Road IGCS Room E334
Pendleton, Indiana 46204 Indianapolis, Indiana 46204
A. 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 closed solvent tanks or solvent containers with no perceptible leaks. The facility was storing perchloroethylene-containing waste in a container where the lid was not adequately sealed, a violation of 40 CFR 63.322(j).
B. Pursuant to 40 CFR 63.324(a), each owner or operator of a dry cleaning facility shall notify the Indiana Department of Environmental Management, Office of Air Management upon startup, change of address, or change of machinery, of their operational status by completing and submitting an Initial Notification Report. This document was filed with the Office of Air Management on September 11, 1998.
C. Pursuant to 40 CFR 63.324(b), each owner or operator of a dry cleaning facility shall notify the Indiana Department of Environmental Management, Office of Air Management of their compliance status by completing and submitting a Compliance Report for Control Requirements. This document was filed with the Office of Air Management on September 11, 1998.
D. 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. The facility did not maintain the log of perchloroethylene purchases and the rolling total amount of perchloroethylene purchased since December 1993, a violation of 40 CFR 63.324(d)(1) and 40 CFR 63.324(d)(2).
E. 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 properly, a violation of 40 CFR 63.324(d)(3).
F. 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 properly, a violation of 40 CFR 63.324(d)(5).
6. In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
1. This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or her delegate, and has been received by the Respondent. This Agreed Order shall have no force or effect until the Effective Date.
2. Respondent shall comply with 40 CFR 63.322 (j), 40 CFR 63.324 (d), 40 CFR 63.324 (d) (1), 40 CFR 63.324 (d) (2), 40 CFR 63.324 (d) (3) and 40 CFR 63.324 (d) (5).
3. All submittals required by this Agreed Order, unless notified otherwise in
writing, shall be sent to:
Melissa A. Farrington, Enforcement Case Manager
Office of Enforcement
Indiana Department of Environmental Management
100 N. Senate Avenue
P. O. Box 6015
Indianapolis, IN 46206-6015
4. This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent. No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.
5. In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.
6. The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred. Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.
7. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Indiana Department of Correction
By: ________________________ By: _________________________
David P. McIver
Chief, Air Enforcement Section Printed:_Evelyn I. Ridley-Turner_______
Office of Enforcement
Title: Commissioner_______________
Date:signed 8/16/02_____________ Date:signed 9-30-02_________________
COUNSEL FOR COMPLAINANT: COUNSEL FOR RESPONDENT:
Department of Environmental Management
By: By: _
Jay Rodia
Office of Legal Counsel
Department of Environmental Management
Date: _signed 8/20/02 Date:_signed 9/30/02________________
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS 1 DAY OF October , 2002.
For the Commissioner:
__________________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs