Acuity Specialty Products Group Inc.
Acuity Specialty Products Group Inc. Acuity Specialty Products Group Inc.
IIless than 25,000 gallons of wastewater per day.18. The Permit also required ASP to conduct sampling of its wastewatereffluent for, inter alia, phosphorus concentration and pH at specified intervals froma specified compliance point. The Permit required ASP to have the samples tested andto report the sample results every month to the City of Atlanta on a Self-MonitoringReport ("SMR"). The City conducted semi-annual monitoring at the Seaboard facilityto evaluate ASP's compliance with the conditions in the Permit.19. The Seaboard facility's Permit did not limit the number of gallons ofwastewater that ASP could discharge to the City sewer system. The Permit providedthat the Seaboard facility would be assessed a surcharge if the concentration of certainconstituents in its wastewater, such as Chemical Oxygen Demand, Total SuspendedSolids, and Total Kjeldahl Nitrogen, exceeded established thresholds.20. ASP's Permit required immediate reporting by ASP to the City of Atlantaand other regulatory authorities in the event of "a spill, dump or unavoidabledischarge of any substance to any stream, creek, ditch or storm sewer with the Cityof Atlanta."21. The City of Atlanta Sewer Use Ordinance, which is incorporated intoASP's Permit and is a requirement of the Permit, requires that SMRs be signed by an"authorized representative" of ASP. The term "authorized representative" is defined6
IIin the Sewer Use Ordinance as "the president, secretary, treasurer, or a vice-presidentof the corporation in charge of a principal business function, or any person whoperforms similar policy or decision-making functions for the corporation."22. The Sewer Use Ordinance, incorporated into the Permit, requires that allsampling conducted at the facility consist of "representative" samples. The Sewer UseOrdinance defines representative sampling as sampling that is "representative of dailyoperations."Holding and Reducing Wastewater From the Seaboard Wastewater Pre-TreatmentPlant and Skewing Sampling During City of Atlanta Monitoring Events23. Beginning at an unknown date, but before Employee A was hired at theSeaboard facility, until in or about November 2002, when City of Atlanta personnelwere conducting semi-annual monitoring at the Seaboard facility, ASP employees,including Employee A, requested or directed that plant supervisors instruct employeesat the various production plants at the Seaboard facility not to discharge wastewateror to reduce the amount of wastewater discharged from the facility's production plantsto the wastewater pre-treatment plant. These actions prevented City personnel fromtaking representative samples of ASP's wastewater during its semi-annual monitoring.24. Beginning in or about January 2000 until in or about June 200 2, whenCity of Atlanta personnel were conducting semi-annual monitoring at the Seaboardfacility, Employee A directed employees at the facility to dilute the wastewater being7
- Page 2 and 3: GUILTY PLEA and PLEA AGREEMENTr!:ed
- Page 4 and 5: 1'1.up and the facts of this case,
- Page 6 and 7: the prov1s10ns set out mthe Complia
- Page 8 and 9: this Plea Agreement, the Government
- Page 10 and 11: CERTIFICATION OF ATTORNEY AND DEFEN
- Page 12 and 13: ATTACHMENT A
- Page 14 and 15: company, ASP. ASP is a Delaware cor
- Page 16 and 17: II10. The R.M. Clayton Reclamation
- Page 20 and 21: discharged to the R.M. Clayton Recl
- Page 22 and 23: IIDateOctober 30, 200 1November 6,
- Page 24 and 25: ATTACHMENT B
- Page 26 and 27: purchased from other companies to m
- Page 28 and 29: eceiving a representative sample of
- Page 30 and 31: IHIconstruction on improvements to
- Page 32 and 33: X. Acuity represents to EPA that AS
- Page 39 and 40: allegations of Acuity's corporate i
- Page 41 and 42: (v). Schedule.After submission of t
- Page 43 and 44: (b) Vice President of Compliance/Du
- Page 45 and 46: ....12. Training.(a) Environmental
- Page 47 and 48: 5. that the training requirements d
- Page 49 and 50: I IG6. Freedom of InformationRespon
- Page 51 and 52: "during the term of this Agreement
- Page 53 and 54: 1111submissions to SOD through thei
- Page 55 and 56: ATTACHMENT C
- Page 57 and 58: EXHIBIT ARESOLUTIONSOFTHE BOARD OF
- Page 59 and 60: 2) WAIVER OF RIGHTS(a)The Governmen
- Page 61 and 62: 4) LIMITATION OF CHARGESThe United
- Page 63 and 64: 7) WAIVER OF APPEALIf the Court acc
- Page 65 and 66: In Open Court thisday of June, 2007
- Page 67: Ii iINFORMATION BELOW MUST BE TYPED
IIless than 25,000 gallons of wastewater per day.18. The Permit also required ASP to conduct sampling of its wastewatereffluent for, inter alia, phosphorus concentration and pH at specified intervals froma specified compliance point. The Permit required ASP to have the samples tested andto report the sample results every month to the City of Atlanta on a Self-MonitoringReport ("SMR"). The City conducted semi-annual monitoring at the Seaboard facilityto evaluate ASP's compliance with the conditions in the Permit.19. The Seaboard facility's Permit did not limit the number of gallons ofwastewater that ASP could discharge to the City sewer system. The Permit providedthat the Seaboard facility would be assessed a surcharge if the concentration of certainconstituents in its wastewater, such as Chemical Oxygen Demand, Total SuspendedSolids, and Total Kjeldahl Nitrogen, exceeded established thresholds.20. ASP's Permit required immediate reporting by ASP to the City of Atlantaand other regulatory authorities in the event of "a spill, dump or unavoidabledischarge of any substance to any stream, creek, ditch or storm sewer with the Cityof Atlanta."21. The City of Atlanta Sewer Use Ordinance, which is incorporated intoASP's Permit and is a requirement of the Permit, requires that SMRs be signed by an"authorized representative" of ASP. The term "authorized representative" is defined6
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