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H. PAYMENT OF CIVIL PENALTY <br /> 46. Because EPA has concluded that Respondent has, as described herein, satisfied the nine <br /> conditions set forth in the Audit Policy, Complainant has not sought gravity-based <br /> penalties for the violations alleged. <br /> 47. Based on Complainant's determination that any economic benefit derived from the <br /> violations was insignificant, Complainant has not sought to collect any economic benefit <br /> penalty for the violations alleged. <br /> 48. Complainant and Respondent hereby consent to the assessment of a civil penalty in the <br /> amount of ZERO DOLLARS (SO)in settlement of the violations set forth in Section D <br /> above. This CA/FO constitutes a settlement of the civil and administrative penalty claims <br /> of the United States for the violations of Section 112(r)(7)of CAA specifically alleged in <br /> Section D above. <br /> 49. The effect of the settlement described above is conditional upon the accuracy of <br /> Respondent's representations to EPA as memorialized in paragraphs 29-37 of this CA/FO <br /> and Respondent's self-disclosure dated December 14,2007. <br /> 1. RESERVATION OF RIGHTS <br /> 50. EPA expressly reserves all rights and defenses that it may have. . <br /> 51. EPA hereby reserves all of its statutory and regulatory powers, authorities,rights, and <br /> remedies,both legal and equitable, including without limitation,the right to require <br /> Respondent to perform tasks in addition to those required by this CA/FO and the right to <br /> assess penalties under Section 113 of the CAA, 42 U.S.C. § 7413, or take other <br /> 10 <br /> CA/FO Proven Foods,dba Swiss American Sausage Co.,Lathrop,CA <br />