NOTICE OF VIOLATION

To: James H. Cosman, President James J. Drury, Registered Agent

Jamax Corporation c/o Jamax Corporation

110 S.E. 6^th St., 28^th Floor 3200 E. Haythorne Avenue

Ft. Lauderdale, Florida 33301 Terre Haute, Indiana 47805

Kenneth J. Depasse, Vice President

Jamax Corporation

3200 E. Haythorne Avenue

Terre Haute, Indiana 47805

Case No. 2000-10371-S

Based on investigations by designated representatives of the Indiana Department of Environmental Management (IDEM) on March 5, 2001, and March 6, 2001, Victory Environmental Services, Inc., located at 12247 S. Mill Street, Terre Haute, Vigo County, Indiana ("the Site"), is in violation of the following environmental statutes, rules, and permit:

1. Pursuant to 329 IAC 10-20-4(e), and Permit #84-2, which requires that winblown materials and litter within the facility boundaries must be collected and buried daily. Debris blown off the facility boundaries must be cleaned up immediately. During all of the inspections noted above IDEM observed litter was beyond the litter barrier and on the sides of the slopes.
2. Pursuant to 329 IAC 10-20-14(b), and Permit # 84-2, which requires that except as provided in subsection (c), the owner, operator, or permittee of all MSWLFs shall apply and compact no less than six (6) inches of soil over all disposed solid waste at the end of each operating day, regardless of weather conditions, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. During all of the inspections noted above IDEM observed daily cover had not been applied.
3. Pursuant to IC Pursuant to IC 13-30-2-1(3), a person may not deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by one (1) of the boards. During all of the inspections noted above IDEM observed that daily cover had not been applied and litter was beyond the litter barrier and on the sides of the slopes.

In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged violator in writing that a violation may exist and offer an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty (60) days.

Entering into an Agreed Order will prevent the issuance of a Notice and Order of the Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6. IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will also allow the opportunity to present any mitigating factors that may be relevant to the violations. In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting that the violation occurred.

If settlement is not reached within sixty (60) days of receipt of this Notice of Violation, the Commissioner may issue a Notice and Order containing the actions that must be taken to achieve compliance, the required time frames, and an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to $25,000 per day for each violation.

To discuss this matter further, please contact Janet Arnold at 317/232-7201 within fifteen (15) days after receipt of this Notice to request a conference. If settlement is reached, an Agreed Order will be prepared and sent for review and signature.

For the Commissioner:

Date: _______________ Signed April 30, 2001

Felicia A. Robinson

Assistant Commissioner

Office of Enforcement

cc: Vigo County Health Department

Vigo County Solid Waste Management District

Vigo County 2B2 File