NOTICE OF VIOLATION

Via Certified Mail# _______________ Via Certified Mail#_______________

To: Mr. Thomas J. Rizzoli C T Corporation System, Registered Agent

Midwest Regional Manager, Operations Equilon Enterprises LLC

Equilon Enterprises LLC 36 S. Pennsylvania Street, Suite 700

30 W. Jefferson Indianapolis, IN 46204

Naperville, IL 60540

Case No. 2001-10912-W

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), including a records review, Equilon Enterprises LLC, located at the Zionsville Terminal, 5405 West 96^th Street, in Indianapolis, Marion County, Indiana, was in violation of the following environmental rule and provisions of its NPDES permit No. IN 0045209:

Pursuant to 327 IAC 5-2-8(1) and Part II.A.1. of the permit, Equilon Enterprises LLC is required to comply with all terms and conditions of its permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and the Environmental Management Act (EMA) and is grounds for enforcement action.

Part I.A.2.[1] of the permit, effective January 1, 1999, required Equilon Enterprises LLC to sample Lead at Outfalls 002 and 003 on two consecutive work days prior to discharge to assure the discharge is in compliance with the lead limits prior to discharge.

Part I.A.2.(g) of the permit requires that samples taken in compliance with the monitoring requirements above shall be taken at a point representative of the discharge but prior to entry into the unnamed tributary of Eagle Creek.

In a letter dated September 25, 2001, Equilon's representative informed IDEM of its findings concerning its self-monitoring testing for Lead at Outfall Numbers 002 and 003. Equilon determined that sampling of storm water in the containment areas served by Outfalls 002 and 003 was conducted at locations other than at the outfall as outlined in the permit, sampling was conducted in a manner not consistent with Equilon policy and sampling instructions, and as a result, certain samples may not have been representative of the discharge from those outfalls. This constitutes violation of 327 IAC 5-2-8(1), Part II.A.1. and Part I.A.2.(g) of the Permit.

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.

Please contact Paul Cluxton, Case Manager at 317/232-8432 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.

For the Commissioner:

Date: _______________ _(Signed November 15, 2001)_

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Mr. Phillip R. Scaletta, Ice Miller

Mr. Richard Waddell, Terminal Manager

Ms. Johnna Van Keuren, Environmental Representative

bcc:

Paul Cluxton

Legal Counsel

Public File, Boone County, Equilon NPDES No. IN0045209

Ron Pearson, Inspection Section, OWQ

Enforcement E-File 10912

Address for cc:

Mr. Phillip R. Scaletta, Esq.

ICE MILLER

One American Square

Box 82001

Indianapolis, IN 46282-0002

Mr. Richard E. Waddell, Manager

Zionsville Terminal

Equilon Enterprises LLC

5405 West 96^th Street

Indianapolis, IN 46268

Johnna Van Keuren, Environmental Representative

Equilon

4070 South First Street

St. Louis, MO 63118