10/20/2010 - NOTICE OF DETERMINATION ISSUED.
FINAL DETERMINATION:
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY RESPONDENT, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE. RESPONDENT MEETS THE CONDITIONS OF THE EPA AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR VIOLATIONS OF THE CAA, CWA, EPCRA, AND RCRA. 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. EPA ALSO FINDS THAT RESPONDENT DID NOT VIOLATE ONE PROVISION OF THE CAA AND ONE PROVISION OF EPCRA, AS SPECIFIED IN ATTACHMENT A TO THIS NOD AND INCORPORATED HEREIN BY REFERENCE.
CONSISTENT WITH THE PURPOSES OF THE AUDIT POLICY, EPA EXPECTS RESPONDENT TO INSTITUTE, ON A CONTINUING AND INSTITUTIONAL BASIS, THE INTERNAL POLICIES AND PROCEDURES NECESSARY TO PREVENT RECURRENCE OF VIOLATIONS OF ENVIRONMENTAL REQUIREMENTS.