EPA v. B & J EXCAVATING, INC.; U.S. HOME, LLC D/B/A LENNAR (A.I.W. FRANK/MID-COUNTY MUSTANG SITE)

Case summary

An administrative cost-recovery settlement under Section 122(h) of CERCLA (EPA Docket No. CERCLA-03-2025-0022CR) became effective on February 4, 2025, following a 30-day public-comment period. Under the settlement, two potentially responsible parties, U.S. Home, LLC d/b/a Lennar, and B&J Excavating, Inc., are required to pay EPA $181,270.88 by March 6, 2025, to settle the U.S. government's claims for its costs of removal action at the AIW Frank/Mid-County Mustang Superfund Site in West Whiteland, Chester County, Pennsylvania. The settlement, which represents a 100% recovery of EPA's demand, was approved by the U.S. DOJ and was signed by SEMD Director, Paul Leonard, on December 11, 2024. The removal action at the Site was conducted from May 2020 to July 2021. Prior to the removal action, EPA conducted a Fund-financed remedial action at the Site, including a groundwater remediation system and a network of monitoring and injection wells to abate the release of hazardous substances, including trichloroethylene (TCE) and 1,4-dioxane, in groundwater at the Site. Settling party Lennar acquired a portion of the Site (the Lochiel Farm parcel) in 2019 and began developing it for residential purposes. Lennar hired settling party, B&J Excavating, Inc., to conduct earthmoving activities at the Site. In late 2019, B&J Excavating damaged or destroyed EPA?s network of monitoring wells on the Lochiel Farm parcel. In May 2020, B&J Excavating entered into an administrative settlement and order on consent for removal action (ASAOC) to repair and replace the wells that it had damaged or destroyed. B&J Excavating completed the removal action in July 2021. The current settlement will compensate EPA for its costs to oversee the removal action and for related response activities. The Pennsylvania DEP was given a substantial opportunity to comment on and observe the removal action. EPA has also notified DEP of its cost-recovery negotiations with the settling parties and other enforcement actions related to the removal action.

Defendants (2)

• B & J EXCAVATING, INC.Named in settlement
• U.S. HOME, LLC D/B/A LENNARNamed in settlement

Facilities (1)

• A.I.W. FRANK/MID-COUNTY MUSTANG

  INT RTE 202 & RTE 30, EXTON, PA, 19341

  Registry ID: 110009307507

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• B & J EXCAVATING, INC.; U.S. HOME, LLC D/B/A LENNAR (A.I.W. FRANK/MID-COUNTY MUSTANG SITE)entered 2024-12-11

  Primary law: CERCLA

Timeline (2 milestones)

• 2024-12-11Final Order Issued
• 2025-02-07Enforcement Action Data Entered