Acuity Specialty Products Group Inc.

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