ENB - STATEWIDE NOTICES

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Notice of DEC Program Policy Adoption
New York State Department of Environmental Conservation
DAR-9, Dry Cleaner Enforcement Guidance

This document establishes the Departmentís policy relating to enforcement of 6 NYCRR Part 232, Perchloroethylene Dry Cleaners. It sets forth and classifies the various types of violations that typically occur at dry cleaning facilities subject to Part 232. It also provides procedures for using enforcement discretion, issuance of Notices of Violation, calculation of penalties, issuance of Short Form Consent Orders by the Division of Air Resources, and referral to the Division of Environmental Enforcement for some classes of violations.

Violations of Part 232 often result in public health hazards due to the toxicity of perchloroethylene. In addition, the violator may realize an economic benefit by not paying for required equipment, certifications, inspections, etc. This is patently unfair to the thousands of dry cleaner owners and operators who have invested large sums of money to comply with Part 232 and to neighboring residents, business owners and workers who are exposed to perchloroethylene.

Compliance with Part 232 is necessary to ensure that local air quality is protected. It shall be the policy of the Department to ensure that local air quality is protected by bringing non-compliant dry cleaning operations into compliance with the equipment design, operation, and maintenance standards as well as the self monitoring and compliance inspection (a.k.a. "third party inspection") requirements. It shall also be the policy of the Department to impose a penalty that negates the economic benefit derived by dry cleaners that operate in violation of Part 232 and that penalizes violators based on the gravity of the violations.

For further information, contact:

David R. Gardner, P.E.
NYSDEC Division of Air Resources
625 Broadway Albany NY 12233-3254
518 402-8404
E-mail drgardne@gw.dec.state.ny.us