Acuity Specialty Products Group Inc.
Acuity Specialty Products Group Inc. Acuity Specialty Products Group Inc.
IHIconstruction on improvements to the Seaboard Facility Wastewater Treatment Plant in early2003 and concluded this work in December 2003, investing more than $Llmillion in the project.Since that time Acuity has invested an additional $300,000 in the wastewater treatment plant.Acuity also instituted procedures to prevent inadequately treated wastewater from bemgdischarged to the City of Atlanta sewer and reinforced existing housekeeping and wasteminimization procedures to reduce the amount of wastewater generated by the manufacturingareas at the Seaboard Facility.R. Acuity began an internal investigation which uncovered a number of discrepancies inthe monthly self-monitoring reports. Acuity voluntarily disclosed 19 unreported phosphorusviolations to the United States Department of Justice and the City of Atlanta and four additionalphosphorus discrepancies and some anomalies in the way flow rates were reported on the selfmonitoringreports. Additional discrepanCies tn the self-monitoring reports have also been notedto the Department of Justice covering the time period of 1993-1997.S. On or about December 23, 2003, ASP entered into a Consent Order with the Crty ofAtlanta, Department of Watershed Management, Office of Environmental Compliance, whichamong other things , resolved severa1 self-reported and City-measured exceedances of the TotalPhosphorous limits contained in the Permit. Acuity paid $225,000 in settlement of the matter tothe City of Atlanta and agreed to install a "clear well" in the wastewater pre-treatment plant atthe Seaboard Facility with provisions for solids removal and allowance of visual observation andsample collection.-6 -
T. Acuity re-evaluated its existing compliance program. As a part of thls process, Acuityanalyzed virtually every facet of its compliance program, including the use of outside consultantsand auditors. A3 a result, a new envtronmental consulting firm, Environmental ResourcesManagement ("ERM'') was engaged to provide an independent and "fresh look" at Acuity's entireenvironmental management system, which included new, comprehensive audits of allmanufacturing facilities completed in 2004. Since April 2005, ERM audits of ASP facilitieshave demonstrated that all facilities are in substantJ.al comphance.U. Among the enhancements implemented to prevent a recurrence of such permitproblems include independent auditors now periodically examine the underlying sample data toensure that the facility is not violating any of its environmental permits and that the reports sentto regulatory agencies are correct. In additton, at the Seaboard Facility, two different indtvidualsreceive copies of the independent lab's data and verify that the self-monitoring reports areaccurate and complete .V. A new Vice President of Compliance ("VPC") was hlred by the parent company mFebruary 2004 to design and facilitate the implementation of a corporate-wtde environmentalprogram. ASP has hired a new Environmental Compliance Officer {"ECO") for ASP and a newFacility Environmental Coordinator ("EC") for the Seaboard Facility. There are also a number ofArea Environmental Coordinators who assist the Faetlity EC with compliance duties at eachfacility.W. Acuity increased environmental training for all employees, tncludmg a two-dayenvironmental conference for all managers and facility environmental coordinators.-7-
- 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 18 and 19: IIless than 25,000 gallons of waste
- 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 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
IHIconstruction on improvements to the Seaboard Facility Wastewater Treatment Plant in early2003 and concluded this work in December 2003, investing more than $Llmillion in the project.Since that time <strong>Acuity</strong> has invested an additional $300,000 in the wastewater treatment plant.<strong>Acuity</strong> also instituted procedures to prevent inadequately treated wastewater from bemgdischarged to the City of Atlanta sewer and reinforced existing housekeeping and wasteminimization procedures to reduce the amount of wastewater generated by the manufacturingareas at the Seaboard Facility.R. <strong>Acuity</strong> began an internal investigation which uncovered a number of discrepancies inthe monthly self-monitoring reports. <strong>Acuity</strong> voluntarily disclosed 19 unreported phosphorusviolations to the United States Department of Justice and the City of Atlanta and four additionalphosphorus discrepancies and some anomalies in the way flow rates were reported on the selfmonitoringreports. Additional discrepanCies tn the self-monitoring reports have also been notedto the Department of Justice covering the time period of 1993-1997.S. On or about December 23, 2003, ASP entered into a Consent Order with the Crty ofAtlanta, Department of Watershed Management, Office of Environmental Compliance, whichamong other things , resolved severa1 self-reported and City-measured exceedances of the TotalPhosphorous limits contained in the Permit. <strong>Acuity</strong> paid $225,000 in settlement of the matter tothe City of Atlanta and agreed to install a "clear well" in the wastewater pre-treatment plant atthe Seaboard Facility with provisions for solids removal and allowance of visual observation andsample collection.-6 -
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