NOTICE OF VIOLATION

Via Certified Mail:

    To: Speedway SuperAmerica, LLC                             C.T. Corporation System
539 S. Main St.                                                         36 S. Pennsylvania St., Suite 700
Findlay, OH 45840                                                     Indianapolis, IN 46204

Case No. 2002-11637-S

Based on a review of Excess Liability Trust Fund Progress Reports and a full File Review by designated representatives of the Indiana Department of Environmental Management (IDEM) on June 19, 2002, Speedway SuperAmerica, LLC, facility ID # 6666, located at 1312 S. Mill St, Crawfordsville, Montgomery County, IN (the "Site") is in violation of the following environmental rule:

Pursuant to 329 IAC 9-5-7(c), upon approval of a corrective action plan (CAP), the plan shall be

implemented. Speedway SuperAmerica has not implemented the approved CAP.

 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 per day for each violation.

Please contact Barbara Goldblatt at 317 / 233 - 6335 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter.

For the Commissioner:
 
 

Date: January 22, 2003

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs
 
 

cc: Keith A. Hughes, Environmental Representative, Speedway SuperAmerica, LLC

Sandra Lynch, US EPA, Reg 5 HQ, OUST, Chicago, IL

Montgomery County Health Department

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