NOTICE OF VIOLATION

To: Floyd Kidd and Esperanza Wade Floyd Kidd and Esperanza Wade

912 Veechdale Rd. 2832 Blackiston Mill Rd.

Simpsonville, Ky 40067 Clarksville, IN 47129

Case No. 2002-11628-S

Based on investigation by a designated representative of the Indiana Department of Environmental Management (IDEM), on May 5, 2001, Floyd Kidd and Esperanza Wade who own Underground Storage Tanks (USTs), Facility ID#2662, located at 4500 Wismann Rd., Corydon, Harrison County, Indiana ("Site") is 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 $10,000.00 per underground storage tank for each day of violation.

To discuss this matter further, please contact Dirk Andres at (317)233-5534 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:

Signed on 2/27/2003

Date: _______________ _________________________

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Sandy Siler, US EPA Region 5

Harrison County Health Department

UST Facility ID# 2662 Public File

Enforcement File

http://www.state.in.us/idem