NOTICE OF VIOLATION

Via Certified Mail# _______________ To: Dennis Murray, d/b/a

Square M Septic and Environmental Services

3808 Lee's Lane

Louisville, Kentucky 40216

Case No. 2002-12496-S

Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on August 19 & 29, 2002, Dennis Murray, d/b/a Square M Septic and Environmental Services, located at 8375 S. C.R. 575 E., in Paoli, Orange County, Indiana (Site), was in violation of the following environmental rule:

Pursuant to 327 IAC 7.1-3-1(1), any person providing or engaging in wastewater

management shall, unless exempted by IC 13-18-12-7, possess a valid wastewater management permit and any of the following that are applicable as required by this article: (A) A valid license for any vehicle used for wastewater management activities. (B) A valid approval for land application of wastewater.

Dennis Murray, d/b/a Square M Septic and Environmental Services engaged in wastewater management without possessing a valid wastewater management permit, operated a wastewater management vehicle without a valid license and land applied wastewater without a valid approval for land application of wastewater, in violation of 327 IAC 7.1-3-1(1).

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 Craig Henry at 317-233-1136 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 February 21, 2003

Felicia A. Robinson

Deputy Commissioner

for Legal Affairs

cc: Orange County Health Dept.

Orange County Public File, H file