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.