9/30/10 - IN A JAN 23, 2009 LETTER TO EPA, LEE UNIVERSITY DISCLOSED VIOLATIONS OF SPCC PROVISIONS OF THE CWA AND THE HAZARDOUS WASTE PROVISIONS OF RCRA. THE DISCLOSURE ALSO INCLUDED POTENTIAL VIOLATIONS OF THE NOTIFICATION PROVISIONS OF EPCRA; HOWEVER THESE WERE FOUND BY EPA NOT TO BE VIOLATION OF FEDERAL LAW AND THEREFORE WERE NOT REVIEWED UNDER THE AUDIT POLICY.
ON JUNE 19, 2009, LEE UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKING TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THIS REPORT CONFIRMED THAT ALL VIOLATIONS WERE CORRECTED BY APR 14, 2009.
DETERMINATION: PURSUANT TO THE AUDIT POLICY, AND BASED ON INFO PROVIDED BY LEE UNIVERSITY, EPA MAKES THE FOLLOWING FINAL DETERMINATION: THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES. THUS, EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.