Law Enforcement: Alabama Department of Environmental Management and Auburn Dry Cleaning Facility Sign Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, PLLC


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The Alabama Department of Environmental Management (“ADEM”) and Neil Foster d / b / a Fifth Avenue Cleaners (“Fifth Avenue”) entered into an October 6 Consent Order (“CO”) on certain provisions of the ADEM administrative code related to air pollution. prevention. See Consent Order # 21 -______- CAP.

The CO anticipates that Fifth Avenue will own and operate a Perchlorethylene Dry Cleaning (“PERC” (“Facility”) facility in Auburn, Alabama.

It is stated that the installation uses a PERC dryer-to-dryer machine.

The National Hazardous Air Pollutant Emission Standards (“NESHAP”) for the National Perchlorethylene Air Emission Standards for dry cleaning facilities are incorporated into the ADEM administrative code, making the standard applicable to PERC dry cleaners in Alabama.

ADEM is said to have carried out an inspection of the Installation on April 19. The user manual and some records were not available at the time of the inspection:

  • PERC purchase receipts, with the exception of two receipts (1/6/21 for 30 gallons and 1/27/21 for 15 gallons);
  • PERC monthly purchase records;
  • A rolling 12-month total for PERC purchases;
  • Documentation demonstrating that weekly leak detection inspections have been carried out;
  • Documentation demonstrating that a weekly monitoring of the temperature and / or pressure of the refrigerated condenser has been carried out;
  • Monthly documentation showing that Leak Detection and Repair Inspections (LDARs) have been performed; and,
  • Complete user manual

ADEM subsequently issued a notice of violation for alleged failure to have compliance records for examination or a complete operations manual in violation of certain provisions of the ADEM Administrative Code.

The NOV asked Fifth Avenue to submit a written response to questions regarding:

  • Record keeping and an explanation of how this will avoid any future compliance issues with PERC NESHAP; and,
  • Copies of registers and receipts for the 2019-2021 calendar year

Fifth Avenue reportedly provided copies of the records in response to the notice of violation on June 28. However, it is specified that no answer to the questions was provided. The CO refers to copies of records that were not provided.

ADEM reportedly returned copies of the 2019-2020 calendars to Fifth Avenue, indicating that the calculation submitted in the response to the Notice of Violation was incorrect.

Fifth Avenue neither admits nor denies the claims of ADEM.

The CO imposes a civil fine of $ 1,000.

A copy of the CO can be downloaded here.


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