7/30/2010 - NOTICE OF DETERMINATION (NOD) ISSUED.
NOD STATES:
RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2005 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUM HYDROXIDE, AND SODIUM HYPOCHLORITE;
RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2006 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUM HYDROXIDE, AN SODIUM HYPOCHLORITE;
RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2007 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUM HYDROXIDE, AN SODIUM HYPOCHLORITE;
RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2008 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUM HYDROXIDE, AN SODIUM HYPOCHLORITE;
RESPONDENT FAILED TO SUBMIT IN A TIMELY MANNER TIER II REPORTS FOR THE 2009 REPORTING YEAR FOR POLYALUMINUM CHLORIDE, SODIUM HYDROXIDE, AN SODIUM HYPOCHLORITE.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED RESPONDENT, EPA MAKE THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE ABOVE: RESPONDENT MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. 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.