National Clothesline

The U.S. Environmental Protection Agency has levied a penalty of more than $34,000 against a New York cleaner, alleging failure to properly store and dispose of perchloroethylene.

Since January of 2000, the agency’s Region 2 office has issued complaints against drycleaners in New York and New Jersey seeking more than half a million dollars in penalties. In announcing the penalty, the Region 2 office said it has shifted its focus to inspections and formal enforcement proceedings “because there has not been a significant increase in compliance by drycleaners” in response to EPA’s compliance assistance program.

The company targeted in the most recent case operates under the names of Splendid Cleaners and Splendid Clothing Care and is a large commercial drycleaning plant located in midtown Manhattan with several pickup and drop-off locations spread throughout the borough.

“EPA’s investigation revealed that Splendid threatened the health of employees, local residents and the surrounding environment by improperly handling perc,” said EPA Regional Administrator Jane Kenney. “EPA has been working with area drycleaners to help them come into compliance with these regulations. We will continue to assist those who seek our help, but will also continue with the same determination to inspect and fine drycleaners who violate these regulations.”

Administrative Law Judge Barbara Gunning, who found Splendid guilty of violating the law, agreed to set the penalty at $34,250, the amount EPA prosecutors had requested.

Gunning stated that the testimony in the case “amply supports the EPA’s characterizations of the seriousness of the violations as measured by the potential for human and environmental harm resulting from the violations.”

When EPA inspected Splendid’s facility in August of 2000, the agency noted that the drycleaning business had failed to obtain the proper permits for storing hazardous waste and that they failed to keep their hazardous waste storage containers closed.

Other complaints against Splendid included: the company did not conduct weekly inspections where hazardous waste was stored; it failed to properly handle and ship the hazardous waste; it did not alert nearby emergency response teams and hospitals about the waste it handled and the potential danger resulting from its release; and it improperly disposed of used fluorescent bulbs without determining whether or not they posed a hazardous threat based on the level of mercury they contained.

EPA’s formal complaint required Splendid to achieve compliance immediately or appear in court to contest the violations.

When Splendid failed to appear at a hearing in May of 2002 to answer the charges, the company was charged to be in default and could no longer contest the charges.

In a press release announcing the penalty, the EPA Region 2 office said “Perc is suspected of causing cancer in humans, is considered toxic and can cause dizziness, nausea and headaches when either inhaled or absorbed through the skin.” Officially, the EPA still classifies perc as a B2 “possible” carcinogen.

EPA has provided assistance to more than 400 cleaners since it began offering environmental compliance help to cleaners in 1996 to ensure the proper handling and disposal of perc.

Since stepping up enforcement three years ago, the Region 2 office has issued complaints against drycleaners seeking more than $500,00 in penalties.

One company, White Sun Cleaners of Queens, NY, faced a $134,988 fine in April of 2001 for ten violations, which included the mislabeling of 19 perc waste containers which were stored longer than permissible by law and failure to minimize the amount of perc released into the atmosphere.

In a settlement of that case last year, White Sun last year agreed to pay a $10,800 cash penalty and make improvements at its facility that EPA said would cost the company $60,000 over three years.

Cleaners who want help with compliance can call the EPA regional office’s Dry Cleaning Assistance number, (212) 637-4050 or visit the compliance assistance section of their web site.