NOTICE OF VIOLATION
Via Certified Mail# _______________
To: Jerry Cler DBA
Sunshine Dry Cleaning and Laundry
6811 West Jefferson Blvd.
Fort Wayne, Indiana 46804
Case No. 2002-12476-A
Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on September 20, 2002, Jerry Cler DBA Sunshine Dry Cleaning and Laundry, a dry cleaning facility, located at 2439 West Jefferson Blvd., in Fort Wayne, Allen County, Indiana, was in violation of the following environmental statute(s), rule(s) and/or permit(s):
B. Pursuant to 40 CFR 63.324(d)(1) and (2), which IDEM is empowered to enforce by 326 IAC 20-7-1, 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 monthly and twelve month rolling total since the last entry of May 1998, 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), which IDEM is empowered to enforce by 326 IAC 20-7-1, 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 from June 22, 1998 through September 20, 2002, a violation of 40 CFR 63.324(d)(3).
D. Pursuant to 40 CFR 63.324(d)(5), which IDEM is empowered to enforce by 326 IAC 20-7-1, 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 from March 12 through 30, 1998 and from June 22,1 998 though September 20, 2002, a violation 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.
To discuss this matter further, please contact Melissa Farrington at 317-232-8409 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.
For the Commissioner:
Date: _______________ signed 5/14/03_____________
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Allen County Health Department
Joseph H. Merrick, Office of Legal Counsel
Melissa Farrington, Office of Enforcement
David Rice, Office of Air Quality
Enforcement File
Public File 10th Floor
http://www.ai.org/idem/