EPA v. CABOT KOPPERS

Case summary

On February 7, 2013, the Department of Justice filed a complaint and lodged a proposed Consent Decree with the United States District Court for the Northern District of Florida, Gainesville Division in the lawsuit entitled United States of America v. Beazer East, Inc. Civil Action No. 1:13cv29-SPM-GRJ. Pursuant to Sections 106 and 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9606, 9607(a), the United States' complaint sought to recover costs it has incurred and will incur in response to the release and threatened release of hazardous substances at or from the Cabot/Koppers Superfund Site, located in the City of Gainesville, Alachua County, Florida (the Site). The United States also sought an Order enjoining the Defendant to perform the remedial action at the Site selected by EPA in the Amended Record of Decision dated February 2011 (Amended ROD) and included as Appendix A to the Decree. The United States has agreed to resolve the claims alleged in the complaint through the proposed Consent Decree in which Beazer will perform the Amended ROD at the Site. In the Decree, Beazer has also agreed to pay all of EPA's future costs including oversight costs. The United States covenants not to sue under CERCLA Sections 106 and 107 relating to the Site subject to statutory reopeners. A public comment period concerning this Consent Decree ran from February 13- March 15, 2013.

Defendants (1)

• BEAZER EAST, INC.Named in complaintNamed in settlement

Facilities (1)

• CABOT/KOPPERS

  MAIN ST & 23RD AVE, GAINESVILLE, FL, 32601

  Registry ID: 110064132095

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CABOT KOPPERSentered 2013-07-09

  Primary law: CERCLA

Timeline (7 milestones)

• 2010-07-28PRN Sent
• 2011-01-04Enforcement Action Data Entered
• 2012-12-18Referred To Dept Of Justice
• 2013-02-07Complaint Filed With Court
• 2013-02-07Final Order Lodged
• 2013-07-09Concluded
• 2013-07-09Final Order Entered