10/28/09 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED JULY 8, 2008, SMITH & NEPHEW, INC., ADMITTED THE FOLLOWING VIOLATION OF EPCRA:
SMITH AND NEPHEW, INC., FAILED TO TIMELY SUBMIT FOR ITS FACILITY IN MEMPHIS, TN, TRI REPORTS FOR MDI FOR REPORTING YEARS 2004, 2005, 2006, AND 2007 TO EPA AND THE STATE AS REQUIRED BY EPCRA SEC 313. ON OR ABOUT AUG 7, 2008, SMITH AND NEPHEW, INC., SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $175,376, COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.