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36. Other Violations Excluded. The violations did not result in serious actual harm,present <br /> an imminent'and substantial endangerment to public health or the environment, or violate <br /> the specific terms of any judicial or administrative order or consent agreement. <br /> 37. Cooperation. Respondent has fully cooperated with EPA in determining the applicability <br /> of the Audit Policy, <br /> 38. In signing this CA/FO,Respondent certifies under penalty of law that the information <br /> submitted to EPA in the letter dated December 14,2007, disclosing violations of Section <br /> 112(r)(7) of the CAA,42 U.S.C. § 7412(r)(7), and the information in paragraphs 29-37 of <br /> this CA/FO are based upon true, accurate,and complete information that the signatory <br /> can verify personally, or regarding which the signatory has inquired of the person or <br /> persons directly responsible for gathering the information. <br /> 39. EPA has determined that the violations resulted in an insignificant amount of economic <br /> benefit. <br /> 40. For the reasons set forth above, all penalties based on the gravity of the violations and the <br /> savings of economic costs related to the failure to timely submit a risk management plan <br /> are waived. <br /> F. ADMISSIONS AND WAIVERS <br /> 41. For purposes of this proceeding,Respondent admits the jurisdictional allegations above, <br /> and agrees that the EPA Administrator and Region IX Administrator have jurisdiction <br /> and authority over the subject matter of the action commenced in this CANO and over <br /> Respondent pursuant to Section 113(d)of the CAA,42 U.S.C. § 7413(d). Respondent <br /> s <br /> CAVO Provena Foods,dba Swiss American Sausage Co.,Lathrop,CA <br />