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(h) conducted for the shortest possible period of time in order to ascertain the <br /> effectiveness of its existing operations in ensuring environmental compliance, <br /> not to exceed a testing period of 24 hours in duration. <br /> (4) Absence of Harm. The violations that may have occurred during testing did not <br /> result in creation of a potentially imminent and substantial endangerment (as EPA <br /> defines such threats under its RCRA § 7003 policies), or serious actual harm. <br /> Notwithstanding any civil penalty waivers or recommendations against criminal <br /> prosecution that may be appropriate under this policy, EPA retains its authority <br /> to seek any injunctive relief that it deems necessary, regardless of the level of <br /> harm, potential harm, or lack thereof. <br /> (5) Immediate Correction. All violations ceased at the end of the test or were <br /> corrected immediately thereafter (within 24 hours). <br /> (6) Expeditious Remediation. The facility expeditiously remediated, as specified by <br /> EPA, any releases or other adverse health or environmental consequences. <br /> (7) Reporting. The facility has met in a timely fashion all legal requirements for <br /> reporting the violations (e.g., CERCLA § 103). Where the violations are not <br /> legally required to be reported, the facility nevertheless reported the violations to <br /> EPA as expeditiously as practicable under the circumstances (ordinarily no more <br /> than 30 days after when the violations occurred absent unusual circumstances <br /> justifying a longer period), but in all cases no later than February 1, 2000. <br /> (8) Retesting. Any retesting conducted prior to the Y2K dates in question meets all <br /> the criteria outlined in this policy and includes modifications to earlier testing <br /> and/or operating conditions that are reasonably designed to achieve full <br /> compliance. <br /> (9) Cooperation. The facility provides any information requested by EPA as <br /> necessary to determine whether a 100% penalty waiver or recommendation <br /> against criminal prosecution is appropriate, consistent with the facility's <br /> legitimate legal rights and privileges. <br /> Other Potentially Relevant Enforcement Policies. Other existing EPA self-policing and <br /> compliance assistance policies may continue to be utilized where they are not inconsistent with <br /> this policy. For example, EPA's Audit Policy (formally entitled, "Incentives for Self-Policing: <br /> Discovery, Correction and Prevention of Violations," 60 Fed. Reg. 66706 (Dec. 22, 1995)) and <br /> E1-4 <br />