Acuity Specialty Products Group Inc.
Acuity Specialty Products Group Inc. Acuity Specialty Products Group Inc.
1'1.Within 90 days from the effective date of this Agreement, and annually each year of th1sAgreement, Acuity, by its President and Chief Executive Officer, shall furnish to EPA a writtencertification that the Environmental Compliance Program is fully implemented and that theRespondents are m full compliance with all terms and conditions of the Agreement. Failure tocertify within the period may result in immediate suspension and/or proposed debarment or reimpositionof Respondents' statutory ineligibility.(b) V1ce President of Compliance CertificationBegtnning on June 30, 2007, and m each subsequent year on June 30, throughout the tennof this Agreement, Acuity, through its Vice President of Comphance, or his equivalent, shallmake a report to EPA. The report shall include, among other matters:1. Acuity's compliance with the terms of this Agreement as well asnotification to EPA of significant non-compliance with the terms of this Agreement;2. the number of calls concerning alleged environmental violationsand the results of any investigative actions taken by Acuity as a result of suchcalls to the Hotline;3. that Acuity has maintained files of management and employeeacknowledgements or certifications and to the best of Acuity's knowledgeacknowledgements or certifications are complete for all employees;4. that Acuity has maintained high level management positions withresponsibility for environmental, health, and safety compliance; and,-22-
5. that the training requirements described in Paragraph 12 above have beencompleted by Acuity.14. Modifications.Any requirement unposed on the Respondents by this Agreement may be discontinued bythe EPA Debaning Official, in consultation with SDD. Other modifications to this Agreementmay only be made in writing upon mutual consent of the parties.GENERAL PROVISIONSG 1. Lirmtations on SettlementThis Agreement relates solely to suspension and debarment issues, pursuant to 48 C.P.R.Subpart 9.4 and 2 C.F.R. § 180.200 hy 2 C.F.R. § 1532.10, in conjunction with the circumstancesrecited herein and in no way waives any criminal, civil, contractual, or administrative remedy orright which the Government may have for the circumstances so described nor does thisAgreement restrict the authority, responsibility, or legal duty of EPA to consider and institutesuspension and/or debarment proceedings against Acuity if informahon 1s received whtchprovides a cause for suspension and/or debarment independent of the circumstances recited orreferenced herein.G2. Debarment ResolutionThe Parties agree that Respondents' entry mto and compliance with the terms of thisAgreement is a material consideration for soo•s recommendation to the Debarring Offtcial thatthe conditions giving rise to the Respondents' conviction have been corrected and, inconsideration of Respondents' compliance with all of the terms of this Agreement, EPA further-23-
- 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 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: ....12. Training.(a) Environmental
- 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
5. that the training requirements described in Paragraph 12 above have beencompleted by <strong>Acuity</strong>.14. Modifications.Any requirement unposed on the Respondents by this Agreement may be discontinued bythe EPA Debaning Official, in consultation with SDD. Other modifications to this Agreementmay only be made in writing upon mutual consent of the parties.GENERAL PROVISIONSG 1. Lirmtations on SettlementThis Agreement relates solely to suspension and debarment issues, pursuant to 48 C.P.R.Subpart 9.4 and 2 C.F.R. § 180.200 hy 2 C.F.R. § 1532.10, in conjunction with the circumstancesrecited herein and in no way waives any criminal, civil, contractual, or administrative remedy orright which the Government may have for the circumstances so described nor does thisAgreement restrict the authority, responsibility, or legal duty of EPA to consider and institutesuspension and/or debarment proceedings against <strong>Acuity</strong> if informahon 1s received whtchprovides a cause for suspension and/or debarment independent of the circumstances recited orreferenced herein.G2. Debarment ResolutionThe Parties agree that Respondents' entry mto and compliance with the terms of thisAgreement is a material consideration for soo•s recommendation to the Debarring Offtcial thatthe conditions giving rise to the Respondents' conviction have been corrected and, inconsideration of Respondents' compliance with all of the terms of this Agreement, EPA further-23-
Change language