Du-Rite Cleaners failed by using less than 140 gallons of perc per year; by not keeping a log of the volume of Perc purchased each month; by not keeping receipts of Perc purchased; by not keeping a log of yearly consumption of perc by the facility; and failing to keep onsite a copy of the design specifications and the operating manuals for the dry cleaning systems and the emissions control device, as required by40 CFR Sections 63.324(d), 63.324(d)(1), 63.324(d)(2) and 63.324(e).
The Respondent did not file an Answer or request a hearing and did not pay the the penalty proposed in the Complaint. EPA attempted to reach the Respondent repeatedly to settle the matter with no success. On June 21, 2004, EPA filed a Motion for Default. THe Acting Regional Judicial Officer granted the Motion in an Initial Decision and Default Order which became final on September 23, 2004. The Region will now refer this case to the US Attorney's Financial Litigation Unit in New Jersey for collection.