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

Case summary

The Region has issued Amendment No. 1 to a CERCLA 106(b) administrative order directing Beazer East, Inc., to implement remedial action selected in a 2022 ROD Amendment. The amendment was crafted to address issues raised by Beazer in its UAO conference. The Site, located on a 300+-acre parcel, previously hosted a wood treatment facility that ceased operation in 1971. Beazer acquired the property in 2004 and is the current owner. Soil, sediments, and groundwater at the Site are contaminated as a result of past wood treatment activities. EPA selected a final remedy for soils and sediments consisting of re-aligning a section of a stream for placement of a containment area, construction of the containment area, excavation of contaminated soils and sediments, placement of these materials into the containment area, capping the containment area, and DNAPL recovery. EPA also selected an interim groundwater remedy requiring institutional controls to prevent exposure to the groundwater. Extensive archaeological investigations conducted by Beazer between 2006-2009 revealed a significant volume of prehistoric and 17th-18th century archaeologic deposits. The Region conducted NHPA 106 consultation with the Delaware State Historic Preservation Office, the Advisory Council for Historic Preservation, and a number of additional consulting parties. Consultation resulted in a Programmatic Agreement which (1) requires EPA to develop and implement a Treatment Plan to address adverse impacts to historic properties, and (2) establishes consultation procedures for a variety of contingencies that could occur during implementation of the remedy. EPA exported most of the obligations placed upon the Agency in the PA to the Order via the Statement of Work that is an appendix to the Order.

Defendants (1)

• BEAZER EAST, INCNamed 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))entered 2024-01-02

  Primary law: CERCLA

• BEAZER EAST, INC (KOPPERS CO., INC. (NEWPORT))entered 2023-08-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2023-08-30Enforcement Action Data Entered
• 2024-01-02Final Order Issued