NOTICE OF VIOLATION

Via Certified Mail# 7000 0600 0026 8292 9696 Via Certified Mail# 7000 0600 0026 8292 9689

To: Sukhdev Singh Nirmal Singh

PO Box 19 24913 103 Avenue SE

Stilesville, IN 46180 Kent, WA 98031

Via Certified Mail# 7000 0600 0026 8292 9672 Via Certified Mail# 7000 0600 0026 8292 9665

To: Jarnail Singh Sardul Singh

7924 Ella Dobbs Lane, Apt 3 23-30 130^th Street

Indianapolis, IN 46227 College Point, NY 11356

Via Certified Mail# 7000 0600 0026 8292 9658 Via Certified Mail# 7000 0600 0026 8292 9634

To: Harjit Singh Banta Singh

PO Box 19 2213 Vails Gate Heights Drive

Stilesville, IN 46180 New Windsor, NY 12553

Via Certified Mail# 7000 0600 0026 8292 9641

To: Banta Singh

95-27 87^th Street

Ozone Park, NY 11416

Case No. 2002-12238-S

Based on investigations by a designated representative of the Indiana Department of Environmental Management (IDEM) on February 9, 1999 and August 7, 2002, Sukhdev, Nirmal, Jarnail, Sardul, Harjit, and Banta Singh (the "Singhs"), owners of underground storage tanks and real property located in the northwest quadrant of the I-70 and Little Point Road intersection, in Little Point, Morgan County (Morgan County Permanent Parcel Number 005-03-09-400-008-000), Indiana, (the "Site"), UST Facility I.D. 12779, are in violation of the following environmental rules:

A. Pursuant to 329 IAC 9-2.1-1(a), all existing UST systems shall comply with one (1) of the following requirements no later than December 22, 1998: (1) new UST performance standards under 329 IAC 9-2-1, (2) upgrading requirements under sections (b) through (d), (3) closure requirements under 329 IAC 9-6, including applicable requirements for corrective action under 329 IAC 9-5. The UST systems at the Site have not been properly upgraded regarding corrosion protection and are not properly closed.

B. Pursuant to 329 IAC 9-6-5(c), when a UST system has been temporarily closed for twelve (12) months, the owner or operator shall permanently close the UST system if it does not meet the performance standards in 329 IAC 9-2-1 or 329 IAC 9-2.1, except that spill and overfill equipment requirements do not have to be met. The UST systems at the Site have been in temporary closure for more than twelve (12) months and have not been permanently closed or upgraded.

C. Pursuant to 329 IAC 10-4-2, no person shall cause or allow the storage, containment, processing, or disposal of solid waste in a manner which creates a threat to human health or the environment, including the creating of a fire hazard, vector attraction, air or water pollution, or other contamination. Regulated solid waste was being stored, and/or disposed at the Site, creating a threat to human health and the environment.

D. Pursuant to 329 IAC 10-4-3, open dumping and open dumps, as those terms are defined in IC 13-11-2-146 and IC 13-11-2-147, are prohibited. Regulated solid waste was open dumped at the Site.

E. 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. Regulated solid waste was allowed to be placed at the Site, in violation of 329 IAC 10-4-2 and 3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

F. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage, or another method acceptable to the solid waste management board. Regulated solid waste was allowed to be placed at the Site, in violation of 329 IAC 10-4-2 and 3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

G. Pursuant to IC 13-30-2-1(5), a person may not dump, cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. Regulated solid waste was allowed to be placed at the Site, in violation of 329 IAC 10-4-2 and 3 which are a rules adopted by the Indiana Solid Waste Management Board, thus violating IC 13-30-2-1(3).

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 Thomas F. Newcomb at 317-232-8410 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 5/8/2003)

Felicia A. Robinson
Deputy Commissioner
for Legal Affairs

cc: Morgan County Health Department
Sandy Siler, US EPA, Region 5, Chicago
www.in.gov/idem/