Via Certified Mail#

To: J. R. Tomkinson, President J. Richard Tomkinson, Registered Agent

Tomkinson Chrysler Jeep, Inc. Tomkinson Chrysler Jeep, Inc.

Fort Wayne, Indiana 46814 Fort Wayne, Indiana 46825

Case No. 2002-11571-H

Based on an investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on April 26, 2002, Tomkinson Chrysler Jeep, Inc., U.S. EPA ID number IND 016 304 842, located at 4801 Coldwater Road in Fort Wayne, Allen County, Indiana, was in violation of the following environmental rule:

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 Ms. Lori Colpaert at 317/232-7202 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

Date: _______________ _________________________

cc: Allen County Health Department (w/enclosure)