Acuity Specialty Products Group Inc.

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GUl:LTY PLEA and PLEA AGRE-EMENTUDited State• AttorneyNorthern Di•trict of GeorgiaUNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONCRIMINAL NO. 1:07-CR-The United States Attorney for the Northern District of Georgia, the EnvironmentalCrimes Section of the Department of Justice (the "Government"), as counsel for the UnitedStates, and Acuity Specialty Products Group, Inc. ("Defendant ASP"), a corporation organizedand existing under the laws of Delaware, hereby enter into the following Negotiated PleaAgreement pursuant to Rule 11 of the Federal Rules of Criminal Procedure ("Fed. R. Crim. P."),and governed by Rule 1 1(c)(l)(C):1) ADMISSION OF GUILTDefendant ASP agrees to waive indictment by a grand jury and to plead guilty to a onecountCRIMINAL INFORMATION charging it under 33 U.S.C. § 1319(c)(2)(A) withknowingly violating the requirements imposed in a pretreatment program approved under theClean Water Act.Defendant ASP is pleading guilty because it is in fact guilty of the crimecharged under 33 U.S.C. § 1319(c)(2)(A) in Count One of the CRIMINAL INFORMATION.
2) WAIVER OF RIGHTS(a)The Government and Defendant ASP agree that if the Court does not accept thePlea Agreement or the recommended sentence in Paragraph 5 below, the Plea Agreement shallbe rendered null and void. If the Court rejects the Plea Agreement or the recommended sentencefollowing a plea of guilty by Defendant ASP, Defendant ASP will be free to withdraw its plea ofguilty. Defendant ASP understands that if the Court accepts the Plea Agreement and imposes therecommended sentence, it will not be able to withdraw its plea of guilty.(b)If this Plea Agreement is rendered null and void or if Defendant ASP withdrawsits plea of guilty, the Plea Agreement, the guilty plea, and any statement made by DefendantASP in the course of proceedings under Fed. R. Crim. P. 11 or in the course of plea discussionswith the Government shall not be admissible against Defendant ASP in any subsequentproceedings.(c)Defendant ASP understands that by pleading guilty, it is giving up the right toplead not guilty and the right to be tried by a jury. At a trial, the defendant has a right to berepresented by an attorney. During the trial, the defendant would be presumed innocent and theGovernment would have the burden of proving it guilty of every essential element of the crimecharged beyond a reasonable doubt. The defendant would have the right to confront and crossexaminethe witnesses against it.If the defendant wished, it could present evidence in itsdefense, and it could subpoena witnesses to testify on its behalf. If, however, the defendant didnot wish to present evidence, that fact could not be used against it. If the defendant were foundguilty after a trial, it would have the right to appeal the conviction. Defendant ASP understandsthat by pleading guilty, it is giving up all of these rights, and there will not be a trial of any kind.Defendant ASP also understands that it ordinarily would have the right to appeal its sentence2
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GUILTY PLEA and PLEA AGREEMENTr!:ed
Page 4 and 5:
1'1.up and the facts of this case,
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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 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: EXHIBIT ARESOLUTIONSOFTHE BOARD OF
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
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