On June 19, 2002 Prudent submitted a written and signed statement of voluntary disclosure for non filing of Form R reports for lead and antimony for 1996-2000. EPA reviewed the disclosure and issued a final determination in the NOD on January 21, 2003.
EPA determined in the NOD that Prudent did not meet the conditions of the Audit Policy for 100% elimination of the total gravity-based penalties for these violation. Therefore, Prudent is eligible for a 75% reduction of the penalty. Our Consolidated Rules of Practice, now permit the simultaneous commencement and conclusion (settlement) of a proceeding without a complaint. EPA is prepared to consider such an approach in this case and offers to settle this matter for $44,000. This reflects a 75% reduction from the $176,000 penalty determined for the late reporting violations involved. EPA will issue a CAFO.