Acuity Specialty Products Group Inc.
Acuity Specialty Products Group Inc. Acuity Specialty Products Group Inc.
(iii) Reports of InvestigationsAt the conclusion of any investigation conducted by the Ombudsman, the Ombudsmanshall provide a written repon to the President of the parent company, Acuity Brands Inc., to thePresident of Acuity Specialty Products Group , Inc., and to EPA, SOD detailing the substance ofthe allegations, evidence revealed by the investigation, and the findings and recommendations.AcULty shall take corrective actions where appropriate.(iv). Semi-Annual Review and Report.The Ombudsman shall conduct a semi-annual review of Acuity's corporate integrity andattitude with respect to ethical concerns. The Ombudsman may consider the Acuity Code ofEthics and Business Conduct and other written materials and documents prepared or utilized inthe ordinary course of business by Acmty. The Ombudsman may also interview relevantpersonnel regarding Acuity's business ethics.The Ombudsman may also visit any Acui ty facilityor plant if the Ombudsman, in his or her reasonable discretion, believes that such a vis1t isnecessary in order to complete the review. Within 45 days of the semi-annual review, theOmbudsman shall furnish EPA a written report of the compliance review, w1th a copy to thePresident of Acuity Brands, Inc. and to the President of Acuity Spec1alty Products Group, Inc.The report may contain suggestions for improvement of the Code of Ethics and BusinessConduct, as appropriate.-16-
(v). Schedule.After submission of the first two semi-annual reports, the Ombudsman's reviews will beconducted on an annual basis, and the Ombudsman reports w11l be completed and submittedwithin 45 days after conclusion of each annual review.(vi) Consultation with EPAIf EPA becomes dissatisfied with the performance of the Ombudsman, then a newOmbudsman shall be appointed by Acuity in consultation with EPA.(vii) Affidavit.Acuity will provide EPA, SDD with an Ombudsman affidavit and separate corporateaffidavit, and annually thereafter during the period of this Agreement, certifyi ng that theOmbudsman has no financial interest in, or other relationship with, Acuity or its affiliates, exceptfor the receipt of fees for professional services rendered pursuant to this Agreement. Theaffidavit must certify that the Ombudsman does not currently have an adversarial relati onship toEPA. Affidavits are to be submitted to EPA SDD ten business days prior to the selection of theIndependent Ombudsman and shall be submitted to EPA, SDD annually thereafter. Any changesin relationsh1p during the effective period of this Agreement are to be reported to EPA prior tothe Ombudsman entering into such adversarial relat10nslnp or immediately upon theOmbudsman or the Respondents discovering that such a relationship has arisen.11. Environmental Staff(a) Acuity Environmental Compliance Team-17-
- 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 32 and 33: X. Acuity represents to EPA that AS
- Page 39: allegations of Acuity's corporate i
- 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
(v). Schedule.After submission of the first two semi-annual reports, the Ombudsman's reviews will beconducted on an annual basis, and the Ombudsman reports w11l be completed and submittedwithin 45 days after conclusion of each annual review.(vi) Consultation with EPAIf EPA becomes dissatisfied with the performance of the Ombudsman, then a newOmbudsman shall be appointed by <strong>Acuity</strong> in consultation with EPA.(vii) Affidavit.<strong>Acuity</strong> will provide EPA, SDD with an Ombudsman affidavit and separate corporateaffidavit, and annually thereafter during the period of this Agreement, certifyi ng that theOmbudsman has no financial interest in, or other relationship with, <strong>Acuity</strong> or its affiliates, exceptfor the receipt of fees for professional services rendered pursuant to this Agreement. Theaffidavit must certify that the Ombudsman does not currently have an adversarial relati onship toEPA. Affidavits are to be submitted to EPA SDD ten business days prior to the selection of theIndependent Ombudsman and shall be submitted to EPA, SDD annually thereafter. Any changesin relationsh1p during the effective period of this Agreement are to be reported to EPA prior tothe Ombudsman entering into such adversarial relat10nslnp or immediately upon theOmbudsman or the Respondents discovering that such a relationship has arisen.11. Environmental Staff(a) <strong>Acuity</strong> Environmental Compliance Team-17-
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