EPA v. BEAZER EAST, INC. (KOPPERS CO, INC (NEWPORT PLANT)

Case summary

The is a CERCLA subsection 106 unilateral administrative order directing Beazer East, Inc. to design and implement a remedial action selected for the Koppers (Newport) Site in a Record of Decisions dated September 30, 2005. The Koppers Site consists of over 300 acres of land located in the northern part of New Castle County Delaware. ON APRIL 30, 2019, REGION III ISSUED MODIFICATION NO. 3 (MOD 3) TO A 2006 CERCLA SECTION 106 RI/FS UNILATERAL ORDER ISSUED TO BEAZER EAST, INC. IN CONNECTION WITH THE KOPPERS COMPANY, INC. SITE IN NEWPORT NEWS CASTLE COUNTY, DELAWARE. MOD 3 RELIEVES BEAZER FROM THE RESPONSIBILITY, ESTABLISHED IN MOD 2 ISSUED IN 2014, TO CONDUCT A FORCUSED FEASIBILITY STUDY (FFS) AT THE SITE AND INSTEAD REQUIRES BEAZER TO SUBMIT A REQUEST FOR ROD AMENDMENT (RRA). BEAZER OWNS 300 ACRES OF LAND IN NORTHERN NEW CASTLE COUNTY, DELAWARE, WHICH WAS USED BY A SUCCESSION OF ENTITIES (THE LAST OF WHICH WAS KOPPERS COMPANY, INC.) BETWEEN 1929 AND 1971, FOR WOOD TREATMENT OPERATIONS EPA FORMERLY LISTED THE SITE TO THE NPL ON AUGUST 30, 1999. BETWEEN 1990 AND 2005 BEAZER PERFORMED AN RI/FS UNDER EPA OVERSIGHT. IN 2005, EPA ISSUED A ROD FOR CLEAN UP. MOD 1 TO THE ORDER WAS ISSUED TO CONFIRM THAT THE NATIONAL HISTORIC PRESERVATION ACT IS AN ARAR FOR THE SITE. MOD 2 TO THE ORDER WHICH REQUIRED THE FFS, WAS ISSUED AFTER IT BECAME CLEAR THAT BEAZERS DECISION DIFFERENT FROM THE 2005 ROD REMEDY. THE RRA REQUIRED BY MOD 3 IS A STREAM LINED PROESS WHICH WILL PROVIDE EPA WITH INFORMATION TO MODIFY THE SELECTED REMEDIAL ACTION.

Defendants (1)

• BEAZER EAST, INC.Named in settlement

Facilities (1)

• KOPPERS CO., INC. (NEWPORT)

  FOOT OF LINDBURG ST, NEWPORT, DE, 19804

  Registry ID: 110009328325

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• BEAZER EAST, INC. (KOPPERS CO INC (NEWPORT PLANT)entered 2019-04-30

  Primary law: CERCLA

• BEAZER EAST, INC.(KOPPERS CO, INC (NEWPORT PLANT)entered 2006-09-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-10-12Enforcement Action Data Entered
• 2019-04-30Final Order Issued