EPA v. Stain-Less, Inc. d/b/a Cedar Wood Cleaners

Case summary

Stain-Less, Inc. d/b/a Cedar Wood Cleaners is a solvent-based dry cleaning establishment located in Hewlett, NY. RCRA inspections of dry cleaners in the Hewlett-Woodmere area were conducted at the request of Superfund to locate possible continued sources to a plume of Perc-contaminated groundwater located near Peninsula Boulevard in Hewlett. Inspections of Cedar Wood Cleaners on July 14, 2003 and December 16, 2003 revealed mutliple violations of Small Quantity Generator regulations including operating a storage facility without a permit or interim status by not complying with most requirements for generators of hazardous waste (storage, labeling, recordkeeping, emergency prepration and prevention), failling to make a hazardous waste determination, and failure to minimize the possibility of releases. The facility is located in a State-designated sole-source aquifer area. CCDS: Stain-Less, Inc. d/b/a Cedar Wood Cleaners operates a dry cleaning plant that utilizes perchlorethylene ( perc ) as the dry cleaning solvent. Inspections conducted of this facility in July 2003 and in Dedember 2003 revealed multiple RCRA violations, evidence that releases of perc and of mercury have occurred, and that conditions existed whereby the potential for uncontrolled releases of perc to the environment may occur; this has special relevance given that the facility is located in a New York State-designated sole source aquifer area. The RCRA 3008(a) complaint contained three counts, including operating a storage facility without a permit or interim status by not complying with most requirements for generators of hazardous waste, failing to make a hazardous waste determination, and failure to minimize the possibility of releases. The proposed penalty was $31,200.00. However, the facility demonstrated an inability to pay. The final penalty of $19,500 was based on three years of fiancial data submitted by the facility and on review of financial indicators generated by the ABEL software using these data. In regards to any direct action to reduce, eliminate, or treat pollutants (denoted under Injunctive Relief/Complying Action ), the amount of $3,000.00 is the estimated cost to the facility to fill-in and eliminate a concrete trench located adjacent to its dry cleaning plant and which is referred to in the complaint as having been used to receive perc-contaminated waste (separator) water.

Defendants (1)

• Stain-Less, Inc d/b/a Cedar Wood CLeaners (SB)Named in complaintNamed in settlement

Facilities (1)

• CEDARWOOD CLEANERS

  1244 WEST BROADWAY AND HEWLETT PARKWAY, HEWLETT, NY, 11557-1986

  Registry ID: 110008002543

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Stain-Less, Inc. d/b/a Cedar Wood Cleanersentered 2005-06-07

  Primary law: RCRA

  Federal penalty: $19,500

Timeline (4 milestones)

• 2004-09-24Complaint Filed/Proposed Order
• 2004-10-01Enforcement Action Data Entered
• 2005-06-07Enforcement Action Closed
• 2005-06-07Final Order Issued