Acuity Specialty Products Group Inc.

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X. Acuity represents to EPA that ASP will pay in full the criminal fine of Three Mi llionEight Hundred Thousand Dollars ($3,800,000) to the United States as required in the PleaAgreement. Additionally, Acuity has accepted responsibility and represents that it will sincerelyand fully comply with all the terms of this Agreement, including but not limited to fullcompliance with all the terms of the Plea Agreement, which upon its completion will bemcorporated herein as Attachment A.Y. Acuity is continuously evaluating, enhancing, and updating its EnvironmentalCompliance Program ("ECP"). The ECP includes elements as set forth in this Agreement and inAttachment A to this Agreement. These elements include communications of Acuit y 's ethics,code of conduct, and environmental policies to management and employees and managementand employee responsibility for compliance, use of an independent hotline to report violations,disciplinary actions, management and employee training, and enhanced audits.z. Acuity has agreed to all the terms and conditions of this Agreement to promote futurecompliance with all federal, state, and local environmental laws. Acuity agrees not to violate theterms of any federal or state consent decree, consent order, plea agreement, or complianceagreement to which Acuity may be a party.AA. WHEREFORE, EPA and Acuity, in reliance upon the representations contained inthis Agreement, including the Recitals, the body of the Agreement and Attachments, and mconsideration of the mutual promises, covenants, and obligations in this Agreement, do herebyagree to the following terms and conditions.,-8-
IITERMS AND CONDnnONS1. Definitions and terms for this Agreement are as follows:a. The "Effective Date" of this Agreement shaU be the date the EPASuspending and Debarring Official signs the Agreement on behalf of EPA.b. "Government" and "federal government" will include any department,agency, division, or agents of the United States of America.c. "Acuity" is Acuity Brands, Inc. and Acuity Specialty ProductsGroup, Inc. and includes its headquarters, all of Acuity SpecialtyProducts' facilities, divisions, and projects in the United States and 1tsterritory.d. The period of this Agreement shall be three (3) years from its effectJvedate.e. All conditions and required documents under this Agreement to be meton specific dates will be from the Effective Date of this Agreement, unlessotherwise specified.f. Time requirements set forth in this Agreement unless otherwiseexpressed, are understood to mean "calendar days.''2. EPA will not initiate a listing action against Acuity and the Debarring Official willcertify that Acuity has corrected the condition which led to the violation by ASP, based on therepresentations of Acuity contained in this Agreement, all documentation submitted in support ofthts Agreement, and Acuity's compliance with the tenus and conditions of this Agreement.-9-
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 30 and 31: IHIconstruction on improvements to
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

Acuity Specialty Products Group Inc.

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