NOTICE OF VIOLATION

To: James D. Bruno, President and Registered Agent

Bruno Enterprises, Inc., Too

d/b/a Arby's Roast Beef Restaurant

P. O. Box 178

410 Pine Lake Avenue

LaPorte, Indiana 46350

Case No. 2003-13543-W

Bruno Enterprises, Inc., Too, operates a transient non-community public water supply system (PWS) located at 1797 US Highway 30 West, in Hanna, LaPorte County, Indiana, operating under PWSID #2460150, and serving a population of approximately 308 customers. Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM), Bruno Enterprises, Inc., Too, as owner of the PWS, is in violation of the following environmental rule(s):

1. Pursuant to 327 IAC 8-2-4.1(f), all public water supply (PWS) systems shall monitor to determine compliance with the maximum contaminant level (MCL) for nitrate.

IDEM's records indicate that Bruno Enterprises, Inc., Too failed to monitor its PWS system for nitrate during the year of 2000, in violation of 327 IAC 8-2-4.1(f).

2. Pursuant to 327 IAC 8-2-8(c), a noncommunity water supply system which serves no more than 1000 persons must collect at least one routine total coliform sample each calendar quarter.

IDEM's records indicate that Bruno Enterprises, Inc., Too failed to collect at least one routine total coliform sample from its PWS system during the 1^st and 4^th quarters of 2001; 2^nd, 3^rd, and 4^th quarters 2002; and 1^st quarter 2003, in violation of 327 IAC 8-2-8(c).

3. Pursuant to the public notice provisions of 327 IAC 8-2.1, (327 IAC 8-2-15(d) applies to violations occurring on or before November 19, 2001), the owner or operator of a PWS system which fails to perform monitoring required pursuant to 327 IAC 8-2-4.1(f) or 327 IAC 8-2-8(c), is required to notify persons served by the PWS system, in the manner provided for in these rules, of such failure.

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 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. 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 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 Aletha Lenahan at (317) 232-8407 within 15 days after receipt of this Notice, regarding Bruno Enterprises, Inc., Too's intent to settle this matter. If Bruno Enterprises, Inc., Too is willing to resolve this matter as provided for in the enclosed Agreed Order, please obtain the required signatures and return the signed Agreed Order to the Office of Enforcement at the above address within the 60 day settlement period.

Date: December 16, 2003