Acuity Specialty Products Group Inc.

eceiving a representative sample of flow that the POTW would use to charge and assessa surcharge to Acuity under the Industrial Wastewater Discharge Pennit.J. ASP has accepted responsibility for the acts of its managers , supe:rtisors, andemployees and has agreed to plead guilty to a one count charge of a knowing violation of theClean Water Act, 33 U.S.C. 13l9(c)(2)(A), in the United States District Court for the NorthernDistrict of Georgia.K. This Agreement is expressly conditioned upon the prompt completion, signing, andexecution by ASP and approvaJ of the U.S. Government of Attachment A, the criminal PleaAgreement, and the continued implementation of these documents by ASP in accordance withtheir tenns. ASP agrees to pay a fine of Three Million Eight Hundred Thousand Dollars($3,800,000), and to a three year term of probation.L The criminal plea and surrounding misconduct of ASP described in paragraphs Hthrough J constitute cause for the statutory listing of ASP.M. Acuity, through its legal counsel, has met with representatives of EPA's Suspensionand Debarment Division ("SDD") and has advised EPA that the Respondents desire to resolvethe statutory listing action arising out of the above-mentioned facts. In support of its efforts toreso1ve this matter, Acuity has submitted documentation to SDD describing how it addressed thecondition which gave rise to the violation and its corporate compliance efforts.N. On January 16,2007, Joseph Camonaro and Marcella Black of EPA SDD toured theASP Seaboard Facility and were shown technical improvements implemented by ASP ascorrective actions.-4-