SDMS DocID 2046005

IN THE UNITED STATES DISTRICT COURT f/f t~

FOR THE WESTERN DISTRICT OF PENNSYLVANIA , (jft. y.C- '''

\? x UNITED STATES OF AMERICA,

\* Plaintiff,

V. • v ,

BEAZER EAST, INC. \

Defendant.

CIVIL ACTION

CONSENT DECREE

This Consent Decree is made and entered into by and between

the United States of America (United States) on behalf of the

United States Environmental Protection Agency (EPA) and Beazer

East, Inc. (BEI):

WHEREAS, the United States, on behalf of the Administrator

of EPA filed a complaint in this matter pursuant to Sections 106

and 107 of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §

9606 and 9607, and Section 7003 of the Resource Conservation and

Recovery Act, as amended ("RCRA"), 42 U.S.C. § 6973, for (i)

injunctive relief, (ii) reimbursement of response costs incurred

or to be incurred by the United States (as hereinafter defined)

in response to a release or threat of release of hazardous

substances froa theiCr»ig?Farm* Site* (the*"3ite»fein Perry

Township, Armstrong County, Pennsylvania (as hereinafter defined)

and (iii) a declaratory judgment, under Section 113(g)(2) of

CERCLA, 42 U.S.C. § 96l3(g)(2) as to liability for further

response costs;
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

BEAZER EAST, INC.

Defendant.

CIVIL ACTION NO. £?/•) _ /

CONSENT DECREE

uJ
INDEX

r.

n.

in.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

XII.

XIII.

XIV.

XV.

XVI.

XVII.

XVIII.

XIX.

XX.

Jurisdiction

Parties Bound

Definitions.

Payment of Government

Response Costs

Effect of Settlement.

Work to be Performed

Waiver of Claim Splitting Defense. .

Additional Response Work

Quality Assurance

Site Access

Reporting Requirements .......

Submissions Requiring Agency

Approval

Remedial Project Manager/ Project

Coordinators

Assurance of Ability to Complete

WorJc

Certification of Completion

Reporting and Action Requirements

for Releases .

Payment of Oversight Costs

Indemnification and Insurance

Force Ma j eure

Dispute Resolution

PAGE

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4

5

8

9

10

16

17

17

21

23

25

26

27

28

29

31

33

36

39
XXI.

XXII.

XXIII.

XXIV.

XXV.

XXVI.

XXVII.

XXVIII.

XXIX.

XXX.

XXXI.

XXXII.

XXXIII.

Stipulated Penalties

Covenant Not to Sue , .

Access to Information

Retention of Records

Notices

Effective and Termination Dates

Retention of Jurisdiction

Modifications

Community Relations

Lodging and Opportunity for Public

Comment

Response Authority ......

Paragraph Headings

Enforceability

41

45

50

52

53

54

55

55

56

56

56

57

57
LIST OF EXHIBITS

Exhibit 1 Scope of Work

Exhibit 2 Site Map
- 2 -

WHEREAS, the United States alleges that hazardous

substances, as defined by Section 101(14) of CERCLA, 42 U.S.C.

§ 9601(14), and solid wastes, as defined by Section 1004(27) of

RCRA, 42 U.S.C. § 6903(27), were disposed of at the Site, and

have been released and/or threaten to be released from the Site

into the environment;

WHEREAS, the United States alleges that BEI is liable to the

United States pursuant to Section 107(a) of CERCLA, 42 U.S.C. §

9607(a), for the release or threat of release of hazardous

substances at the Site;

WHEREAS, pursuant to Section 105 of CERCLA, 42 U.S.C.

§ 9605, EPA placed the Site on the National Priorities List, set

forth at 40 C.F.R. Part 300, Appendix B, by publication in the

Federal Register on September 8, 1983, 48 Fed. Reg. 40658;

WHEREAS, BEI completed a Remedial Investigation/ Feasibility

Study ("RI/FS") Report relating to the Site in August 1989;

WHEREAS, pursuant to Section 117 of CERCLA, 42 U.S.C.

§ 9617, EPA published notice of the completion of the RI/FS and

of the proposed plan for remedial action for the Site on August

25, 1989, and provided an opportunity for public comment on the

proposed remedial action;

WHEREAS, the decision by EPA on the remedial action to be

implemented at the Site is embodied in a final Record of Decision

("ROD"), executed by EPA on September 29, 1989;

WHEREAS, in accordance with Section 121(f)(l)(F) of CERCLA,

42 U.S.C. § 9621(f)(1)(F), EPA notified the Commonwealth of
- 3 -

Pennsylvania of negotiations with BEI regarding the scope of the

remedial design and remedial action for the Site, and EPA has

provided the Commonwealth with an opportunity to participate in

such negotiations and be a party to any settlement;

WHEREAS, BEI denies responsibility for any alleged release

or threatened release of hazardous substances at the Site and

denies that a condition exists which presents or may present an

imminent and substantial endangerment to human health or welfare

or the environment and denies any legal or equitable liability

under any statute, regulation, ordinance or common law for any

response costs or damages incurred by the United States or any

other person;

WHEREAS, the Parties, as defined in Paragraph III (I), acting

in good faith to resolve the issues raised in the Complaint

arising out of the Site, agree that settlement of this action and

execution of this Consent Decree without further litigation is an

appropriate means of resolving the claims of the United States

set forth in its Complaint and is in the public interest;

WHEREAS, in consideration of, and in exchange for the

promises and th« Mutual undertakings and covenants herein, and

intending to.b« bound legally hereby, BEI and the United States

by their authorised representatives have agreed to the entry of

this Consent Decree.

NOW THEREFORE, it !• hereby ORDERED, ADJUDGED AND DECREED,

as follows:
- 4 -

I. JURISDICTION

The Court has jurisdiction over the subject matter of this

action pursuant to 28 U.S.C. §§ 1331, 1345; 42 U.S.C. §§ 9606,

9607, and 9613(b). This Court also has personal jurisdiction

over BEI, which waives all objections and defenses that it may

have to jurisdiction of this Court or to venue in this District

for purposes of entering, enforcing and implementing the

provisions of this Consent Decree and any future actions relating .

to implementation of the Record of Decision.

II. PARTIES BOUND

A. This Consent Decree shall apply to and be binding upon

the United States and BEI and upon all persons acting for or on

behalf of either the United States or BEI. The undersigned

representatives of BEI each certify that he or she is fully

authorized to enter into the terms and conditions of the Consent

Decree and to execute and to legally bind BEI hereto.

Be BEI shall provide a copy of this Consent Decree to each

Contractor and each subcontractor hired to perform Work required

by this Consent Decree and to each person representing BEI with

respect to the Site or the Work, as defined in Paragraph III(P)

below, and shall condition all contracts and subcontracts entered

into hereunder upon performance of the Work in conformity with

the terms of this Consent Decree. BEI shall nonetheless be

responsible for ensuring that its contractors and subcontractors

perform the Work contemplated herein in accordance with this
- 5 -

Consent Decree. EPA shall provide a copy of this Consent Decree

to its oversight contractor.

III. DEFINITIONS

Unless otherwise expressly provided herein, terms used in

this Consent Decree which are defined in CERCLA or in regulations

promulgated under CERCLA shall have the meaning assigned to them

in the statute or regulations. Whenever terms listed below are

used in this Consent Decree or in the Exhibits attached hereto or

incorporated hereunder the following definitions shall apply:

A. "Additional Work" shall mean work other than that

required as part of the Remedial Action and Operation and

Maintenance, as defined below, that is necessary and proper to

achieve the objectives of this Consent Decree to address any

release or threat of release of hazardous substances into the

environment, and is consistent with CERCLA and the NCP.

B. "BEI" shall mean and refer to Beazer East, Inc. its

successors and assigns, and its officers, agents, servants and

employees in their capacities as representatives of BEI only.

c. "Contractor" shall mean the company or companies

(including any substitute) selected by and retained on behalf of

BEI in accordance with Section VI to undertake and complete the

Work. The Contractor and any subcontractor retained by the

Contractor shall be deeaed to be related by contract to BEI

within the meaning of Section 107(b)(3) of CERCLA, 42 U.S.C.

§ 9607(b)(3), and to be acting on behalf of, and as agent for

BEI. The Contractor and any subcontractor retained by the
- 6 -

Contractor shall be qualified to perform those portions of the

Work for which they have been retained; provided, however, that

the United States reserves the right to disapprove any such

contractor or subcontractor in accordance with Section VI hereof.

D. "Day" shall mean a calendar day unless expressly stated

to be a working day. "Working day" shall mean a day other than a

Saturday, Sunday, or federal legal holiday. In computing any

period of time under this Consent Decree, where the last day

would fall on a Saturday, Sunday, or federal legal holiday, the

period shall run until the end of the next working day.

E. "EPA" shall mean the United States Environmental

Protection Agency.

F. "National Contingency Plan" or "NCP" shall mean the

National Contingency Plan promulgated pursuant to Section 105 of

CERCLA, 42 U.S.C. § 9605, and codified at 40 C.F.R. Part 300,

including any amendments thereto.

G. "Operation and Maintenance" shall mean all activities

developed by BEI, and approved by EPA in the Operation and

Maintenance Plan referred to in Section VI(B).

H. "Oversight" shall mean all acts taken by EPA, its

contractors, subcontractors, and/or agents not inconsistent with

the NCP to assure and otherwise confirm that Work at the Site is

performed in accordance with the NCP and the requirements of this

Consent Decree.
- 7 -

I. "Parties" shall mean the United States and BEI.

j. "Remedial Action" shall mean all activities as defined

by Section 101(24) of CERCLA, 42 U.S.C. § 9601(24), required by

this Consent Decree and the ROD, and all remedial design needed

for those activities including any Additional Work required under

Section VIII hereof, except for Operation and Maintenance.

K. "Record of Decision" (ROD) shall mean the Record of

Decision signed by the Regional Administrator of EPA, Region III,

EPA, on September 29, 1989 which selects a remedial action for

the Site as defined herein.

L. "Response Costs" shall mean the costs of "Response" as

defined in Section 101(25) of CERCLA, 42 U.S.C. § 9601(25), and

shall, include specifically all administrative, enforcement,

investigative, remedial, removal costs, and legal expenses

(including attorney's fees) incurred by the United States,

pursuant to CERCLA, at or because of the Site, not inconsistent

with the NCP.

M. "Scope of Work" shall mean a description of the tasks

to be completed by BEI and approved by EPA which will indicate

the work to be performed and the objectives sought to be achieved

as part of t*M Remedial Action and Operation and Maintenance at

the Sit*. Further, the Scope of Work will describe the remaining

technical documents to be submitted by BEI. The Scope of Work is

attached hereto as Exhibit 1.

N. "Site** shall mean the "facility", as that term is

defined in Section 101(9) of CERCLA, 42 U.S.C. S 9601(9), and
- 8 -

the NCP, encompassing approximately one hundred and seventeen

(117) acres located in Perry Township, Armstrong County,

Pennsylvania, which is further described in the Record of

Decision (as defined above). A map of the Site is attached as

Exhibit 2.

O. "United States" shall mean the United States of America,

and includes all departments, divisions, independent boards,

administrations or agencies of the Federal Government.

P. "Work" shall mean the implementation of all activities

required as part of the Remedial Action and Operation and

Maintenance, and described more particularly in the Work Plan,

including any schedules or plans to be attached thereto.

Q. "Work Plan" shall mean a plan for remedial action and

remedial design, which shall include a schedule for remedial

design work and remedial action submitted by BEI and approved by

EPA.

iv. PAYMMT OF QOVBRMMENT RESPONSE COSTS

within thirty (30) days after the entry of this Consent

Decree, BEI shall pay the United States Environmental Protection

Agency the SUB of $194,757.15. The payment to EPA shall be by

certified efcack payable to "EPA Hazardous Substance Superfund"

and shall b« sent by certified mail - return receipt requested to

the U.S. Environmental Protection Agency, Region III, Attention:

Superfund Accounting, P.O. Box 360515M, Pittsburgh, Pennsylvania

15251. The check shall reference the Site name. Copies of the

cover letter and the check shall be sent to the Regional Hearing
_ 9 -

Clerk (3RCOO), United States Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107 and Chief, Environmental Enforcement Section, U.S. DOJ P.O.

Box 7611, Benjamin Franklin Station, Washington, D.C. 20044.

Upon receipt of payment by EPA pursuant to this Section, BEI

shall obtain the benefit of Paragraph XXII(A) of this Consent

Decree as set forth in said paragraph.

V. EFFECT O? SETTLEMENT

A. This Consent Decree was negotiated in good faith by the

United States and BEI. BEI's payments pursuant to Section IV and

Section XVII and performance of Work pursuant to Section VI

represent a fair and equitable resolution of BEI's liability, as

alleged by the United States, for matters covered by this Consent

Decree. Payments pursuant to Section IV and XVII do not

constitute penalties, fines or monetary sanctions.

B. With regard to claims for contribution against BEI, the

Parties hereto agree and this Court hereby finds and concludes

that Section 113(f)(2) of CERCLA, 42 U.S.C. § 9613(f)(2)r shall

govern.

C. BEI agrees that with respect to any suit or claim for

contribution brought against it for matters covered by this

Consent Deer**/ it will timely notify the United States, in

conformance with Section XXV, of the institution of such suit or

claim. It is also agreed that the United States shall be under

no obligation to assist BEI in any way in defending against such
- 10 -

suits for contribution. However EPA will respond to requests

for documents and/or witnesses in accordance with 40 C.F.R.

Part 2.

D. By entering into this Consent Decree, BEI does not admit

any legal or equitable liability under any federal, state, or

local law in connection with this Consent Decree and reserves all

defenses to any claims asociated with the Site. BEI reserves the

right to contest in any subsequent proceeding, other than a

proceeding to enforce this Consent Decree, the validity of any

factual or legal determinations herein. Notwithstanding the

above, BEI agrees that it shall not challenge the correctness of

any fact, alleged fact or the validity of any legal finding or

determination asserted in this Consent Decree in any action to

enforce the terms of this Consent Decree.

VI. WORK TO BE PERFORMED

A. BEI shall conduct the work set forth in the ROD in

accordance with the plans set forth in (B) below.

B. Within forty-five (45) days of the lodging of this

Consent Decree, BEI shall submit to EPA a Work Plan for EPA's

review, modification (as deemed appropriate by EPA), and

approval. TtM WorJc Plan shall be developed in accordance with the

requirement* of this Consent Decree, the ROD, Exhibit 1 (Scope of

Work), EPA Superfund Remedial Action and Remedial Design guidance

and any additional guidance provided by EPA. The Work Plan shall

include the following: (1) sampling and analysis plan; (2)

health and safety/contingency plan (3) quality assurance project
- 11 -

plan (see Section IX.3); (4) field operations plan and (5)

permitting requirement plans. The Work Plan shall also include a

schedule for expeditious implementation of all tasks and for

submittal of an Operation and Maintenance Plan which, upon its

approval by EPA, shall be considered part of the Work Plan and

shall be implemented as approved. All plans, proposals, design

documents, reports and certifications required by the Work Plan

or subsequent plans shall be submitted to EPA for approval and

thereafter shall be implemented as approved. Upon its approval

by EPA, the Work Plan shall be incorporated into and become

enforceable under this Consent Decree.

C. Within thirty (30) calendar days of receipt of EPA

approval of the Contractor, BEI shall begin the tasks set forth

in the EPA-approved Work Plan and shall implement the remainder

of the Work Plan in accordance with the standards, specifications

and the schedule set forth in the EPA-approved Work Plan. Unless

otherwise directed by EPA, BEI shall not commence Work at the

Site prior to approval of the Work Plan.

D. BEI shall perform Operation and Maintenance for a thirty

year period after completion of the Remedial Action, in

accordance with the Work Plan.

Eo All actions by BEI pursuant to this Consent Decree shall

be performed in accordance with the requirements of Section

121(d) of CERCLA, 42 U.S.C. § 9621(d).

F. Where any portion of the Worfc requires a federal, state,

or local permit or approval under CERCLA and the NCP, BEI shall
- 12 -

timely submit complete applications and take all other actions

necessary to obtain such permits or approvals. This Consent

Decree is not, and shall not be construed to be, a permit issued

pursuant to any federal, state or local statute or regulation.

Pursuant to Section 121(e) of CERCLA, 42 U.S.C. § 9621(e), no

permits shall be required for any Work conducted entirely on the

Site,

G. All aspects of the Work to be performed by BEI pursuant

to this Consent Decree shall be under the direction and

supervision of a qualified Contractor, the selection of which

shall be subject to approval by EPA. BEI shall, within thirty

(30) calendar days of approval of the Work Plan, notify the

United States of the name, title, and qualifications of the

Contractor. The United States retains the right to disapprove

the Contractor initially proposed and any substitute contractors

subsequently proposed if it determines that any such contractors

are not qualified or are otherwise unable to perform those

portions of the Work for which they have been retained. EPA's

acceptance/disapproval shall be based on a review of the

following criteria: the Contractor's qualifications, the

engineers' resumes and EPA's experience with and knowledge of

said Contractor. Th« United States shall notify BEI of its

disapproval of the Contractor and the reason(s) therefor. In the

event of disapproval of the Contractor, BEI shall notify the

United states within fourteen (14) calendar days of the receipt

of the notice of disapproval, of the names, titles, and
- 13 -

qualifications of at least one (1) contractor that may replace

the one that was disapproved. EPA shall then notify BEI of its

acceptance or disapproval of the contractor. BEI may, if it

wishes, submit further information to EPA during the fourteen

(14) day period giving reasons why the original Contractor should

be approved; however, such a submission shall not change the

obligation of BEI to name one (1) potential replacement

Contractor within the fourteen (14) day period, should EPA not

reverse its decision. BEI shall, within fourteen (14) calendar

days of the approval of a Contractor(s), enter into an agreement

with an approved Contractor to perform the Work. The United

States shall not be considered a party to any contract between or

among BEI, the Contractor, and/or any subcontractors retained to

perform the Work. If, at any time during the pendency of this

Consent Decree, a decision is made to retain a substitute

contractor, selection of the substitute shall be governed by the

provisions of this Section.

H. After the Work Plan is approved and thirty (30) days

prior to initiation of the task(s) for which the Contractor(s)

and/or subcontractor(•) will be utilized, BEI shall submit to EPA

for approval the naa«s of any additional Contractors and/or

subcontractors. SPA retains the right to disapprove any

additional Contractors and subcontractors selected to perform the

Work and any additional Contractor or subcontractors selected to

replace any such additional Contractors or subcontractors that

EPA has disapproved. Within fourteen (14) calendar days of
- 14 -

receipt by EPA of the names of the additional Contractors or

subcontractors selected in compliance with this Consent Decree,

EPA shall notify BEI of its acceptance/disapproval of the

selected additional Contractors or subcontractors. If EPA

disapproves any additional Contractor or subcontractor, BEI may

submit further information to EPA giving reasons why the

additional Contractor or subcontractor should be approved.

Within fourteen (14) calendar days of the receipt of the notice

of disapproval, BEI shall notify the United States of the name

and qualifications of a replacement additional Contractor or

subcontractor. If at any time during the pendency of this

Consent Decree a decision is made to retain a substitute

additional Contractor or subcontractor, selection of the

substitute shall be governed by the provisions of this Section.

I. In the event EPA determines, at any time, that there

have been one or more violations of the terms of this Consent

Decree affecting the performance of the Work and EPA has

previously notified in writing BEI or BEI's Project Coordinator

of such violations, and BEI has failed to remedy such

noncompliance with the terms of this Consent Decree within the

time set by EPA, then EPA may perform such portions of the Work

as EPA determines are necessary and seek to recover the costs

thereof from BEI. Nothwithstanding the previous sentence, the

provisions of this Consent Decree shall not limit EPA in any way

in taking action at the Site in the event of a release or
- 15 -

substantial threat of release of hazardous substances, and in

seeking reimbursement of costs from BEI or any other party.

J. All reports, plans, proposals, specifications,

schedules, attachments and other submissions required by this

Consent Decree are, upon written approval by EPA, the United

States, or this Court, incorporated into this Consent Decree.

Any failure by BEI to submit reports, plans, proposals,

specifications, schedules, attachments or other submissions

required by this Consent Decree at the times and/or manner

required herein shall be considered a failure to achieve the

requirements of this Consent Decree and will subject BEI to

stipulated penalties as set forth in Section XXI herein. No

advice, guidance, suggestions, or comments by EPA regarding

reports, plans, proposals, specifications, schedules, or any

other writing submitted by BEI shall be construed as relieving

BEI of its obligation to request and obtain such approval as may

be required by this Consent Decree.

K. EPA's approval of actions taken pursuant to this

Consent Decree shall constitute a determination by EPA that the

activities performed pursuant to this Consent Decree are

j- -

consistent with the MCP, provided such activities are conducted

in compliances with the requirements of this Consent Decree and

are in conformity with all approvals made by EPA pursuant to this

Consent Decree, including all modifications.
- 16 -

VII. WAIVER OP CLAIM SPLITTING DEPEM?B

A. BEI recognizes and acknowledges that the settlement

embodied in this Consent Decree is only a partial resolution of

issues related to remediation of conditions at the Site. BEI

recognizes and acknowledges that a remedy to address groundwater

contamination of the deeper aquifer (if one is required) is not

addressed by this Consent Decree or the ROD and that there may be

a need to select remedial action different from that detailed in

the Statement of Work (Exhibit 1) should the treatability study

to be performed pursuant to the Statement of Work indicates that

such different remedial action is necessary. BEI does not agree

to implement a remedy to address groundwater contamination or a

remedial action different from that selected in the ROD. BEI

hereby waives the defenses of res judicata, collateral estoppel

and claim splitting by the United States, with respect to the

filing by the United States of subsequent lawsuits for claims

involving the Sit* in any subsequent litigation regarding BEI's

responsibility for work at the Site and/or payment of response

costs for such work involving the Site. BEI waives the claim

spliting defense only for failure to bring claims as part of this

lawsuit. Tb«-waiver is not intended to allow claim splitting in

future lawsuits. BEI does not hereby waive any other legal or

equitable defenses which it might have with respect to such

subsequent lawsuit(s).
- 17 -

VIII. ADDITIONAL RESPONSE WORK

A. EPA may request or require BEI to perform response work

under this Consent Decree beyond the Work, if EPA's request to

perform such Additional Work contains a written explanation in

support thereof which demonstrates that the change in the Work

requested or required by EPA is both necessary and proper to

perform the remedy identified in the ROD and is consistent with

CERCLA and the NCP. Notification of such Additional Work shall

be provided to BEI's Project Coordinator. BEI shall perform such

Additional Work in accordance with the plans, specifications and

schedules approved by EPA pursuant to Section XII. Any dispute

that may arise pursuant to this paragraph shall be subject to the

dispute resolution provisions of Section XX of this Consent

Decree and are subject to the standard of review in Section

113(j) of CERCLA 42 U.S.C. § 9613(j).

B. Any Additional Work that BEI recommends shall be subject

to approval by EPA and shall be completed by BEI in accordance

with plans, specifications, and schedules approved by EPA

pursuant to Section XII.

IX. QUALITY AflSTOAltCB

BEI •hall use Quality Assurance/Quality Control practices

and procedures, including chain-of-custody procedures, in

accordance with guidance provided in "EPA NEIC Policies and

Procedures Manual", May 1978, revised November 1984, EPA-330/9-

78-001-R, and "Interim Guidelines and Specifications for

Preparing Quality Assurance Project Plans", December 1980, QAMS-
- 18 -

005/80, and "Data Quality Objectives Guidance", March 1987,

EPA/540/G-87/003 and subsequent amendments to such guidance of

which notice has been provided to the public or otherwise

directly to BEI, while conducting all sample collection and

analysis activities required by this Consent Decree, BEI shall

consult with the EPA Remedial Project Manager in planning for,

and prior to, all sampling and analysis required by Section VI

and subsequent EPA-approved plans prepared as part of this

Consent Decree. BEI shall be obligated to enforce the terms of

its contract(s) under subparagraphs 2,4, 5 and 6 of this Section

IX with any laboratories performing work under this Consent

Decree. In order to provide adequate Quality Assurance and

Quality Control regarding all samples collected and analyzed

pursuant to this Consent Decree, BEI shall:

1. Use laboratories which have a documented Quality

Assurance Program that complies with EPA guidance document QAMS005/80;

2. Require that United States personnel and/or United

States authorized representatives are allowed reasonable access

to laboratories, records and personnel utilized by BEI for

analysis of Maples collected pursuant to this Consent Decree;

3. Submit a Quality Assurance Project Plan ("QAPP") for the

collection, transportation and analysis and reporting to be

conducted during the performance of Work, pursuant to this

Consent Decree. The QAPP will be submitted to the EPA Remedial

Project Manager for review and approval in accordance with the
- 19 -

schedule to be included in the Work Plan and prior to initiating

any respective field investigations to be described in the

respective QAPP. The QAPP shall specify, for the phase of

activity addressed, the data quality objectives, the number, time

and location of soil, air, surface water and ground water samples

to be taken, sample collection and transportation procedures,

data analysis methods, validation and reporting procedures that

are consistent with the ROD, EPA NEIC Policies and Procedures

Manual, QAMS-005/80, and appropriate EPA guidance;

4. Require, that each laboratory analyzing samples required

by this Consent Decree use the methods and submit deliverables as

delineated in the current "Statement of Work of the EPA Contract

Lab Program" ("CLP") or its equivalent. All constituents and

physical parameters to be analyzed for which CLP methods will not

be used must be described in detail in the appropriate QAPP and

be approved by the EPA Remedial Project Manager prior to conduct

of all sampling and analysis;

5. Require that any laboratory analyzing samples pursuant

to this Consent Decree annually demonstrate its capability to

perform analyses in compliance with CLP requirements through the

periodic analysis of Performance Evaluation ("PE") samples. EPA

may waive this requirement to analyze PE samples provided the

laboratory periodically analyzes PE samples submitted by EPA or a

state agency and documentation of periodic PE sample analyses are

submitted to the EPA Remedial Project Manager for verification in

accordance with the schedule to be included in the Work Plan;
- 20 -

6. Conduct an annual field audit, to be described in the

QAPP, during performance of the Work to verify that sampling is

being performed according to the QAPP. BEI shall submit a report

to the EPA Remedial Project Manager within thirty (30) calendar

days of completion of each audit. BEI shall report serious

deficiencies in implementation of the QAPP and propose corrective

actions within one (1) working day of the time BEI or any

Contractor or subcontractor discovers any deficiency. BEI shall

require any Contractor or subcontractor doing sampling or

analytical work under this Section to notify BEI no later than

one (1) working day of when the Contractor or subcontractor

discovers any deficiency. BEI shall take immediate action to

correct any deficiency;

7. Conduct, in accordance with the QAPP, an appropriate

number of audits of each laboratory that will analyze samples

from the Site at a frequency to be specified in the Work Plan or

other EPA-approved plan, during the time the laboratory is

conducting analyses. The audits will be conducted to verify

analytical capability. Audit reports will be submitted to the

EPA Remedial Project Manager within fifteen (15) calendar days of

completion of'each audit. BEI shall report serious deficiencies

within one (1) working day of the time BEI discovers the

deficiency. BEI shall make its best efforts to taXe corrective

actions immediately. Laboratories which are CLP laboratories

need not be audited if the CLP procedures are employed by the

laboratories; and
- 21 -

8. Provide data validation of analyses performed by each

laboratory analyzing samples required by this Consent Decree, in

accordance with the "Functional Guidelines for Date Review" for

data derived by CLP methods, or if another method is used, in

accordance with the QAPP data validation criteria set forth in

that method. For methods lacking QAPP data validation protocols,

BEI shall establish validation criteria such as those in Section

8 of the EPA Series Methods in 40 C.F.R. Part 136. BEI shall

submit the appropriate quality assurance data validation summary

reports, along with sample data and summary sheets, to the EPA

Remedial Project Manager in accordance with reporting

requirements to be described in the Work Plan or other EPA

approved plan.

X. 8ITB ACCESS

A. To the extent that the Site is owned and/or controlled

by BEI, BEI shall grant EPA and its representatives access, at

all reasonable times, to the Site for purposes of supervising and

monitoring the Remedial Action, Operation and Maintenance and all

Work to be conducted under the terms of this Consent Decree.

Nothing herein shall be interpreted as limiting the inspection

authority of SPA under federal law.

B. Any deed, title, easement, or other instrument of

conveyance for the Site or portion thereof currently owned and/or

controlled by BEI, shall contain a notice that the Site, or any

portion thereof, is the subject of this Consent Decree, setting

forth the style of the case, case number, and Court having
- 22 -

jurisdiction herein. Such deed, title, easement, or instrument

shall include a covenant (i) to provide EPA and its

representatives access at all reasonable times to the Site or

portion thereof for purposes of supervising and monitoring the

Remedial Action and Operation and Maintenance to be conducted

under the terms of this Consent Decree; (ii) not to interfere

with, obstruct, or disturb the performance, support or

supervision of any remedial or response actions taken or to be

taken at the Site, including any operation or maintenance

activities; (iii) not to interfere with or disturb the remedial

and/or response actions taken at the Site, including any

operation or maintenance activities; and (iv) requiring

notification to any person or entity that subsequently acquires

any title, easement, or other interest in the Site, or any

portion thereof, of the requirements, conditions and operative

effect of this Section X. Nothing herein shall be interpreted as

limiting the inspection authority of EPA under federal law.

C. At least thirty (30) days prior to any conveyance of the

Site or any portion thereof by BEI and with respect to those

conveyances to taJce place subsequent to the entry of this Consent

Decree, BEX is hereby ordered to notify by registered mail, the

United States (in the person of the EPA Remedial Project Manager,

U.S. Environmental Protection Agency, Region III, ATTN: Craig

Farm Site Remedial Project Manager, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107) of the intent to convey any

title to or any other interest in the Site, or any portion
- 23 -

thereof, and the name and address of the proposed transferee and

the proposed wording of the covenant required under this Section.

D. Within thirty (30) days of the effective date of this

Consent Decree, BEI shall record a copy of this Consent Decree

with the Recorder's Office, Armstrong County, Pennsylvania, as

notice of the contents, covenants, and requirements of this

Consent Decree.

E. To the extent that the Site is owned/or controlled by

BEI on the date that BEI signs this Consent Decree, the

restrictions and obligations set forth in this Section shall run

with the land and shall be binding upon any and all persons or

entities that acquire any title to or any other interest in the

Site, or any portion thereof.

XI. REPORTING REQUIREMENTS

A. BEI shall maintain documentation, consistent with the

NCP, to support all actions taken in performing the Work. BEI

shall submit to EPA written monthly progress reports which: (a)

describe the actions which have been taken toward achieving

compliance with this Consent Decree during the previous month;

(b) include the results of all validated sampling and tests and

all other validated data generated by BEI or its Contractors,

subcontractors or agents in the previous month; (c) include all

plans and procedures completed under the Work Plan during the

previous month; (d) describe all actions, including data

collection and implementation of plans which are scheduled for

the next month and provide other information relating to the
- 24 -

progress of construction; (e) describe all other data, including

raw data, generated by or received by BEI with respect to this

Site during the reporting period; and (f) include information

regarding percentage of completion and unresolved delays

encountered or anticipated that may affect the future schedule

for implementation of Work and a description of efforts made to

mitigate those delays or anticipated delays. BEI shall submit

these progress reports to EPA by the tenth working day of every

month following the entry of this Consent Decree. BEI shall

submit unvalidated sample results to EPA upon EPA's request.

B. If a progress report submitted to EPA is deficient, EPA

shall notify BEI's Project Coordinator of such deficiency. The

notice shall include a description of the deficiencies, within

ten (10) working days of receipt by BEI of a notice of deficiency

in a progress report, BEI shall make the necessary changes and

resubmit the progress report to the EPA RPM. BEI may, if it

wishes, submit further information to EPA during the ten (10) day

period giving reasons why the original progress report should be

approved; however, such a submission shall not change the

obligation of BEI to resubmit the progress report within the ten

(10) day period should EPA not reverse its decision.

C. The twelfth written monthly progress report submitted

each year under Paragraph XI(A) above shall also be used as a

report to the Court and the United States and shall include, in

addition to the information in Paragraph XI(A) above: the status

of response actions at the Site, which shall at a minimum include
- 25 -

a statement of major milestones accomplished in the preceding

year, a statement of tasks remaining to be accomplished and any

action taken pursuant to Sections XVI and XIX and any payments

made pursuant to Sections XVII and XXI. The twelfth monthly

progress report shall be submitted by the 20th day of the month.

XII. SUBMISSIONS REQUIRING AGENCY APPROVAL

A. After review of any plan, report or other item which is

required to be submitted for approval pursuant to this Consent

Decree, EPA shall approve or disapprove the submission or demand

modification. EPA shall specify the deficiences of any plan,

report or other item in writing to BEI's Project Coordinator.

B. In the event of approval by EPA, BEI shall proceed to

take any action required by the plan, report or other item, as

approved by EPA.

C. Upon receipt of a notice of disapproval or a demand for

a modification, and subject to BEI invoking the dispute

resolution provisions of Section XX, BEI shall, within thirty

(30) days, unless a different time period is set forth in this

Consent Decree, correct the deficiencies, make any directed

modifications and r•submit the plan, report, or other item for

approval. BSZ may request a meeting with EPA during the first

fourteen (14) days of said thirty (30) day period. EPA may, in

its discretion, direct BEI to implement non-deficient approved

portions of such plan, report, or other item in accordance with

the approved schedule and BEI shall perform such implementation

if so directed by EPA. Implementation of non-deficient portions
- 26 -

of the submission shall not relieve BEI of its liability for

stipulated penalties, under Section XXI, for failure to comply

with this Section.

XIII. REMEDIAL PROJECT MANAGER/PROJECT COORDINATORS

A, Within twenty (20) calendar days of the lodging of this

Consent Decree, BEI shall notify EPA, in writing, of the name,

address and telephone number of BEI's Project Coordinator and an

Alternate Project Coordinator. EPA's Remedial Project Manager

("RPM") for the Site is Garth Connor who can be reached at

(215)597-0439. His address is set forth in Section XXV. If a

Project Coordinator or RPM initially designated is changed, the

identity of the successor shall be given to the other party at

least five (5) days before the change. The absence of the United

States RPM and/or his/her representatives from the Site shall not

be cause for the stoppage of Work.

B. Plaintiff may designate other representatives, including

EPA employees, and federal contractors and consultants, to

observe and monitor the progress of any activity undertaken

pursuant to this Consent Decree. The RPM shall have the

authority lawfully vested in an RPM by the NCP, 40 C.F.R.

Part 300. In addition, the RPM and his/her designee (only in

consultation with the RPM) shall have authority consistent with

40 C.F.R. § 300.415 and Section 104 of CERCLA, 42 U.S.C. § 9604,

to halt, conduct, or direct any Work required by this Consent

Decree and to take any necessary response action when he/she

determines that conditions at the Site present a release or
- 27 -

substantial threat of release of a hazardous substance beyond

that known to be present at the time of entry of this Consent

Decree. The BEI Project Coordinator, as BEI's representative,

shall have the primary responsibility for assuring the

implementation of the Work at the Site.

XIV. ASSURANCE OF ABILITY TO COMPLETE WORK

BEI has demonstrated its ability to complete the Work and to

pay all claims that arise from the performance of the Work

through the submission of internal financial information

sufficient to demonstrate to Plaintiff's satisfaction that BEI

has enough net assets to complete the Work to make it unnecessary

to require additional financial assurances. BEI shall submit

audited statements containing such information annually, on the

anniversary of the effective date of this Consent Decree.

Internal financial information shall consist of the most recent

annual report, bond rating and auditor's statement. Should such

submittal demonstrate that Shareholder's equity is not less than

$200,000,000, such submittal shall be deemed sufficient to

demonstrate to Plaintiff's satisfaction that BEI has enough net

assets to complete the Work to make it unnecessary to require

additional financial assurances. In the event that Shareholder's

equity is less than $200,000,000, BEI shall, within thirty (30)

days of receipt of notice of Plaintiff's determination, obtain

and present to EPA for approval one of the following: (a)

performance bond; (b) letter of credit or (c) guarantee by a

third party in an amount not to exceed the estimated cost of the
- 28 -

remaining Work. BM&S1 inability to demonstrate financial ability

to complete work shall not excuse non-performance of the terms

and conditions of this Consent Decree or any term thereof.

XV. CERTIFICATION OF COMPLETION

A. Within ninety (90) days after BEI determines that the

Remedial Action has been fully performed, BEI shall so notify the

United States and EPA by submitting a written report by a

registered professional engineer and the BEI Project Coordinator

certifying that all such activities have been completed in full

satisfaction of the relevant requirements of this Consent Decree.

If EPA determines that the Remedial Action or any portion thereof

has not been completed in accordance with this Consent Decree,

EPA shall notify BEI's in writing within thirty (30) days of

receipt of BEI's notice of certification of the tasks that must

be done to complete the Remedial Action and shall set forth in

the notice a schedule for performance of the remaining tasks.

Failure of EPA to respond within thirty (30) days of receipt of

certification from BEI shall not be deemed as agreement that the

Remedial Action or any portion thereof has been completed in

accordance with this Consent Decree and shall not foreclose EPA

from notifying BEX of additional tasks to be performed. Subject

to the provisions of Section XX, BEI shall perform all tasks

described in the notice in accordance with the specifications and

schedules established therein.
- 29 -

B. If EPA concludes, following the initial or any

subsequent notification of completion by BEI that the Remedial

Action has been fully performed in accordance with this Consent

Decree, EPA shall so certify in writing to BEI's within thirty

(30) days of receipt of BEI's certification. Failure of EPA to

respond within thirty (30) days of receipt of certification from

BEI shall not be deemed as agreement that the Remedial Action has

been fully performed. This certification shall constitute the

certification of completion of the Remedial Action for purposes

of this Consent Decree, including Section XXII.

XVI. REPORTINO REQUIREMENTS FOR RELEASES

A. In the event of any action or occurrence prior to or

during the performance of the Work which causes or threatens a

release of a hazardous substance, or which may present an

imminent and substantial endangerment to public health or welfare

or the environment, beyond those releases contemplated by Exhibit

1, BEI shall immediately notify the RPM, or, if the RPM is

unavailable, the EPA Emergency Response Hotline, Region III at

(215) 597-9898. In consultation with EPA, BEI shall take all

appropriate action to prevent, abate, or minimize such release or

endangerment, in accordance with all applicable provisions of the

Health and Safety/Contingency Plan developed pursuant to this

Consent Decree and approved by EPA. In the event that BEI fails

to take appropriate response action as required by this Section

and EPA takes such action instead, BEI shall reimburse all costs

of the response action not inconsistent with the NCPc Payment of
- 30 -

such costs shall be made in the manner described in Section IV,

above, as applicable, within thirty (30) days of BEI's receipt of

demand for payment. BEI may challenge the payment of such costs

in the manner described in Section XVII(B).

B. Upon the occurrence of any event during performance of

the Work which, pursuant to Section 103 of CERCLA, 42 U.S.C.

§ 9603, requires notification to the National Response Center,

BEI shall orally notify the EPA Project Coordinator or in the

event of the unavailability of the Project Coordinator, the EPA

Emergency Hotline at (215) 597-9898, at the same time that

notification is provided to the National Response Center as

required by Section 103. Within 20 days of the onset of such

event, BEI shall furnish to Plaintiff a written report, signed by

BEI's Project Coordinator, setting forth the events which

occurred and the measures taken, and to be taken, in response

thereto. Within thirty (30) days of the conclusion of such an

event, BEI shall submit a report setting forth all actions taken

to respond thereto.

C. Nothing in the preceding paragraph shall be deemed to

limit the power and authority of the United States or this Court

to take, diiwct, or order all appropriate action to protect human

health and the environment or to prevent, abate, or minimize an

actual or threatened release of hazardous substances on, at or

from the Site.
- 31 -

XVTI. PAYMEKT OF OVERSIGHT COSTS

A. BEI shall reimburse the United States for all oversight

response costs incurred by the United States not inconsistent

with the NCP including, but not limited to, all costs related to

(1) the review or development of plans, reports, and other items;

(2) the oversight or verification of Work including all EPA

support costs incurred in connection with this Consent Decree;

and (3) efforts to secure access to the Site or other property to

which access is required for the performance of the Work. The

United States shall send BEI a demand for payment of such costs

on an annual basis, with each demand to be made as soon as

practicable after the anniversary date of the entry of this

Consent Decree. Such demands shall be accompanied by a cost

summary along with the following backup documentation: Software

Package for Unique Reports(SPUR) computer printouts, employee

timesheets, travel documents, documents authorizing contractor

w»rk (work assignments), applicable paid contractor invoices,

treasury schedules proving payment, and contractor workplans,

monthly reports or final reports (as they exist). Provision of

such backup documentation is subject to the Privacy Act, 5 U.S.C.

5552a and 40 C.F.R. Part 2, Subpart B. Payments shall be by

certified check payable to "EPA-Hazardous Substance Superfund"

and shall be sent by certified mail return receipt requested, to

U.S. EPA Region III, Attention: Superfund Accounting P.O. Box

360515M Pittsburgh, PA 15251. Payments shall be made within
- 32 -

thirty (30) days of BEI's receipt of each demand for payment.

Copies of the cover letter and the check, referencing the Site

name, shall be sent to the Regional Hearing Clerk (3RCOO) United

States Environmental Protection Agency Region III, 841 Chestnut

Building, Philadelphia, PA 19107 and Chief, Environmental

Enforcement Section, United States Department of Justice P.O. Box

7611, Benjamin Franklin Station, Washington, D.C. 20044.

B. If BEI wishes to challenge any portion of the costs, it

must notify EPA in writing within sixty (60) days after receipt

of the demand for payment. EPA will then compile an

administrative record regarding the costs, including any comments

BEI submitted with respect to EPA's documentation regarding the

costs. Within thirty (30) days of the date that the United

States gives notice that the administrative record has been

compiled, BEI may contest its liability to pay the costs solely

on the ground that the costs were incurred inconsistently with

the NCP, that the mathematical calculations used to determine

costs were performed incorrectly or that the work was not

performed for the Craig Farm Site. The review of BEI's motion or

petition shall be limited to the administrative record compiled

by EPA. The standard of review for the assertion that the costs

were incurred inconsistently with the NCP shall be such that

EPA's determination of costs shall prevail unless it is shown to

be arbitrary and capricious. The standard of review for the

assertion(s) that the mathematical calculations used to determine

costs were performed incorrectly or the work was not performed
- 33 -

for the Craig Farm Site shall be a preponderance of the evidence

standard. Should the Court determine that costs are owed by BEI,

BEI shall remit a check for such costs in the manner set forth in

paragraph (A) above, including interest as set forth in Paragraph

XXI.D below, calculated from the date undisputed costs were due.

This procedure will be the sole mechanism for BEI to challenge

EPA's oversight costs in this action.

C. BEI shall bear its own costs and attorney's fees

associated with this case and Consent Decree.

XVIII. INDEMNIFICATION AND INSURANCE

A. The United States does not assume any liability by

entering into this Consent Decree. BEI shall indemnify

(including attorneys fees and other expenses of litigation and

settlement) and save and hold harmless the United States and its

officials, agents, employees, contractors, subcontractors, and

representatives from any claim arising from any injuries or

damages to persons or property arising from or on account of acts

or omissions of BEI, its officers, employees, agents,

contractors, subcontractors, and any persons acting on their

behalf or under their control, in carrying out activities

pursuant to this Concent Decree. BEI shall not be liable to the

United States for indemnification pursuant to this Section for

any injuries or damages to persons or property resulting solely

from any acts or omissions of employees of the United States or

its contractors, subcontractors, or any person acting on their

behalf in carrying out any activities pursuant to this Consent
- 34 -

Decree. Nothing in this Section is intended in any way to expand

or increase any liability of the United States, its agents or

employees, under existing law or to alter or affect any rule of

law that would govern the liability of the United States in the

absence of this Consent Decree. The United States shall not be

held out as a party to any contracts entered into by, or on

behalf of, BEI in carrying out activities pursuant to this

Consent Decree. Neither BEI nor any of its Contractors shall be

considered an agent of the United States.

B. BEI waives, and shall indemnify and hold harmless the

United States with respect to any claims for damages or

reimbursement from the United States, or for set-off of any

payments made or to be made to the United States, arising from or

on account of any contract, agreement, or arrangement between BEI

and any person for performance of Work on or relating to the

Site, including claims on account of construction delays,

C. BEI shall ensure that its Contractor maintain

comprehensive general liability, and automobile liability

insurance in the amount of $5,000,000 dollars, combined single

limit and environmental impairment liability insurance including

completed operations in the amount of $3,000,000 per claim,

$6,000,000 annual aggregate. The completed operation coverage

will extend for a period of three years from EPA certification of

completion of Remedial Action pursuant to Section XV. The United

States shall be named as an additional insured in the policies

set forth above with respect to the Craig Fan Sits. However,
- 35 -

with respect to the automobile liability insurance, the United

States shall be named as an additional insured only with respect

to the non-negligent acts of its employees. Subcontractors

shall also be named as additional insured(s) in the policies set

forth above. BEI shall have the option to secure such insurance

for the benefit of its contractor and subcontractors. In

addition, for the duration of this Consent Decree, BEI shall

satisfy, or shall ensure that its Contractor and subcontractors

satisfy, all applicable laws and regulations regarding the

provision of workmen's compensation insurance for all persons

performing work on behalf of BEI in furtherance of this Consent

Decree. On the same day that BEI's Work Plan is due pursuant to

Paragraph VI(B) of this Consent Decree, BEI shall provide to EPA

certificates of such insurance and a copy of each insurance

policy or an explanation of best efforts as set forth in

paragraph D. below. BEI shall submit to EPA, as applicable,

copies of certificates of such insurance and a copy of each

insurance policy annually thereafter on the anniversary date of

the original submittal due date.

D. In the event, the Contractor or BEI is unable to obtain the

environmental impairment liability insurance in the amounts

listed above despite making best efforts, BEI shall give EPA

written notice delineating the best efforts made by the

Contractor or BEI. If the EPA agrees that best efforts have been

made, BEI shall, within ten(10) working days of receipt of such

notification, submit BEI's mcst recent annual report, bond rating
- 36 -

and auditor's statement. Should such submittal demonstrate that

Shareholder's equity is not less than $200,000,000, such

submittal shall be accepted in lieu of the environmental

impairment liability insurance. In the event that Shareholder's

equity is less than $200,000,000, BEI shall, within ten(10)

working days of receipt of such EPA notification, obtain and

present to EPA one of the following: (a) performance bond; (b)

letter of credit or (c) guarantee by a third party in the amount

of $6,000,000. Failure to obtain insurance as set forth above,

does not relieve BEI of its other obligations under this Consent

Decree.

XIX. fORCB MXJEURE

A. BEI shall perform the requirements of this Consent

Decree in the manner and within the time limits set forth herein,

unless the performance is prevented or delayed by events which

constitute a force majeure, as defined herein. BEI shall have

the burden of proving such a force majeure. "Force majeure," for

purposes of this Consent Decree, is defined as any event arising

from causes entirely beyond the control of BEI and of any entity

controlled by BEX, including its Contractor(s) and

subcontractors, that delays the timely performance of any

obligation under this Consent Decree notwithstanding BEI'• best

efforts to avoid the delay. Examples of events which Bay

constitute force majeure events include extraordinary weather

events, natural disasters, strikes or other labor disturbances,

national emergencies, and delays in obtaining any required
- 37 -

approvals or permits despite BEI's submission of substantively

complete requests for approval and applications for required

permits (and any supplemental information that may be requested)

within a time frame that would permit the Work to proceed in a

manner contemplated by the schedule in this Consent Decree.

However, should the permit or approval not have been granted

solely for non-substantive deficiencies, BEI shall correct the

deficiencies within ten (10) days from the date of notification

that such deficiencies exist, before BEI can claim delay in

obtaining any required permit or approval as a force majeure

event. Examples of events that are not force majeure events

include, but are not limited to, increased costs or expenses of

the Work to be performed under this Consent Decree, the financial

difficulty of BEI to perform such Work, the failure of BEI to

satisfy its obligations under this Consent Decree, acts or

omissions attributable to BEI's Contractors or representatives,

and the failure of BEI or BEI's Contractors or representatives to

make complete and timely application for any required approval or

permit.

Bo If any event occurs or has occurred that may delay the

performance of any obligation under this Consent Decree, whether

or not caused by a force majeure event, BEI shall notify by

telephone the RPM or, in his or her absence, the Director of the

Hazardous Waste Management Division, EPA Region ill, within five

(5) days of when BEI first knew or reasonably should have known

that the event might cause a delay, within five (5) working days
- 38 -

thereafter, BEI shall provide EPA in writing the reasons for the

delay; the anticipated duration of the delay; all actions taken

or to be taken to prevent or minimize the delay; a schedule for

implementation for any measures to be taken to mitigate the

effect of the delay; BEI's claims, if any, that the event is a

force majeure event, and the reasons for these claims; and a

statement as to whether, in the opinion of BEI, such event may

cause a release or threatened release of hazardous substances or

contribute to an endangerment to public health, welfare or the

environment. BEI shall use due diligence and exercise best

efforts to avoid or minimize any delay and any effects of a

delay. Failure to comply with the above requirements shall

preclude BEI from asserting any claim of force majeure.

C. If EPA agrees that the delay or anticipated delay is

attributable to a force majeure event, the time for performance

of the obligations under this Consent Decree that are directly

affected by the force majeure event shall be extended by

agreement of the parties for a period of time not to exceed the

actual duration of the delay caused by the force majeure event

unless the Parties agree that additional time is necessary for

remobilization. An extension of the time for performance of the

obligation directly affected by the force majeure event shall not

necessarily justify an extension of the time for performance of

any subsequent obligation.

D. If EPA does not agree that the delay or anticipated

delay has been or will be caused by a force majeure event, or
- 39 -

does not agree with BEI on the length of the extension, the issue

shall be subject to the dispute resolution procedures set forth

in Section XX of this Consent Decree. In any such proceeding,

BEI shall have the burden of demonstrating by a preponderance of

the evidence that the delay or anticipated delay has been or will

be caused by a force majeure event, that the duration of the

delay was or will be warranted under the circumstances, that best

efforts were exercised to avoid and mitigate the effects of the

delay, and that BEI complied with the requirements of this

Section. Should BEI meet its burden, the delay at issue shall be

deemed not to be a violation by BEI of its obligation under this

Consent Decree.

XX. DISPUTE RESOLUTION

A. Notwithstanding any specific references to this Section

which may be made throughout this Consent Decree, all disputes

between the Parties arising under this Consent Decree except any

disputes relating to Sections XIII, XVI(C) and XXXI(A), shall be

resolved according to this Section. If a dispute arises under

this Consent Decree, the EPA RPM and BEI's Project Coordinator

shall first attempt to resolve the matter informally. If the EPA

RPM and BBX'l Project Coordinator cannot resolve a difference of

opinion with re«pect to any such matter within five (5) working

days, or, if BEI objects to any notice of deficiency or notice of

disapproval issued by the United States or any other decision

made by the United States pursuant to this Consent Decree, BEI

shall notify the United States in writing of its objection(s)
- 40 -

within fourteen (14) days of receipt of the notice or decision,

or of the difference of opinion. The United States and BEI shall

then have fourteen (14) days from the receipt by the United

States of the notification or objection to negotiate to reach

agreement. If agreement cannot be reached on any issue within

this fourteen (14) day period, the United States shall, within

the succeding ten (10) days, provide a written statement of its

final decision to BEI. Within fourteen (14) days of receipt of

the United States' final decision, BEI may file a petition with

this Court setting forth the matter in dispute and the relief

requested. In an emergency, either Party may file a petition

prior to the expiration of the fourteen (14) day negotiation

period. The period for negotiations may be extended by mutual

written agreement between the United States and BEI. In no

circumstance shall the invocation of this paragraph delay the

Work or any part thereof except as otherwise may be agreed by the

Parties or ordered by the Court.

B. In the event of a dispute between the United States and

BEI, EPA will compile an administrative record regarding the

dispute. In compiling the administrative record, EPA will

include all documents, letters, reports or other submittals made

by BEI regarding the dispute. For any such dispute, the standard

for review in Court for matters covered under Section 113(j) of

CERCLA, 42 U.S.C. § 9613(j) shall be such that decisions by the

United States shall be upheld unless BEI can demonstrate, on the

administrative record, that the decision was arbitrary and
- 41 -

capricious or not in accordance with this Consent Decree or

otherwise not in accordance with law. Matters not covered under

Section 113(j) of CERCLA, 42 U.S.C. § 9613(j), shall be governed

by applicable provisions of law. In any such proceeding, BEI

shall bear the burden of corning forward with the evidence and

shall bear the burden of persuasion on factual issues.

XXI. STIPULATED PENALTIES

A. The following stipulated penalties shall be

payable per violation per day to the United States for any

noncompliance as set forth below. "Compliance" by BEI shall

include completion of any activity as set forth below in an

acceptable manner and within the specified time schedules

established by and approved under this Consent Decree.

1. Work Plan-Related Activities

For each day that BEI fails to accomplish the tasks

listed in the schedule found in Exhibit 1 in accordance with the

requirements of this Consent Decree, BEI shall be subject to the

imposition of stipulated penalties in the following amounts:

Day* 1-10 $1,500 per day

Days 11-30 $3,000 per day

After 31 days $4,500 per day

2. Payment of Costs; Reports

For each day that BEI fails to pay EPA Response

Costs or Oversight Costs in accordance with Sections IV and XVII

of this Consent Decree, BEI shall pay stipulated penalties in

the following amounts:
- 42 -

Days 1-10 $1,000 per day

Days 11-30 $2,000 per day

After 31 days $3,000 per day

3. Failure to Achieve Other Requirement^

For each day that BEI fails (a) to submit any report in

accordance with Section XI of this Consent Decree, or (b) to

achieve any other requirement of this Consent Decree, BEI shall

pay stipulated penalties for each such failure on each such day

in the following amounts:

Days 1-10 $500 per day

Days 11-30 $1,000 per day

After 31 days $1,500 per day

B. All penalties shall begin to accrue on the day that

complete performance is due or a violation occurs, and shall

continue to accrue through the final day of correction of the

noncompliance. Separate penalties shall accrue for each separate

violation of this Consent Decree. Any stipulated penalty

assessed by EPA and actually paid will be deducted from the

amount of any statutory penalty paid for the same violation.

C. Following the United States' determination that BEI has

failed to comply with the requirements of this Consent Decree,

the United States shall give BEI written notification of such

determination and describe the noncompliance. Said notice shall

also indicate the amount of penalties due. (See Paragraph XXI(B)

above.)

0. All penalties owed to the United States under this

Section shall be payable within thirty (30) days of receipt of
- 43 -

the notification of noncompliance, unless BEI invokes the dispute

resolution procedures under Section XX. BEI shall pay interest

on the unpaid balance, which shall begin to accrue at the end of

the thirty-day period at the rate established by the Department

of Treasury under 31 U.S.C= § 3717. BEI shall further pay a

handling charge, to be assessed at the end of each thirty-day

period and a penalty charge, to be assessed if the penalty is not

paid in full within ninety (90) days after it is due in

accordance with 4 C.F.R. § 102. All payments under this Section

shall be paid by certified check made payable to "EPA —

Hazardous Substance Superfund," shall be mailed to U.S.

Environmental Protection Agency, Region III, Attn: Superfund

Accounting, P.O. Box 360515M, Pittsburgh, PA 15251, and shall

reference the docket number of this action. A copy of the check

and transmittal letter shall be sent simultaneously to: Regional

Hearing Clerk (3RCOO), U.S. Environmental Protection Agency,

Region III, 841 Chestnut Bldg., Phila., PA 19107, and Chief,

Environmental Enforcement Section, U.S. DOJ, P.O. Box 7611,

Benjamin Franklin Station, Washington, D.C. 20044.

E. Neither the filing of a petition to resolve a dispute

nor the payment of penalties shall alter in any way BEI's

obligation to complete the performance required hereunder.

F. BEI may dispute the United States' right to assess

penalties, its determination as to which subsection in paragraph

(A) above penalties fall under and the mathematical calculation

of the penalties by invoking the dispute resolution procedures
- 44 -

under Section XX herein. However, BEI may not dispute the amount

of penalties due under a particular subsection of paragraph (A)

above. Penalties and interest thereon shall accrue but need not

be paid during the dispute resolution period. If a disputed

matter is submitted to the District Court, the period of dispute

shall end upon the rendering of a decision by the District Court

regardless of whether any party appeals such decision. If BEI

does not prevail upon resolution, BEI must immediately pay all

penalties and interest which accrued prior to and during the

period of dispute. However, EPA may, in its discretion,

determine to forego a portion of the stipulated penalties that

accrue during the dispute resolution period upon a review of

BEI's petition. To the extent BEI prevails upon resolution, no

further penalties shall accrue for the violation(s) in question

unless and until the United States prevails in any appeal, and no

penalty, including any that may have accrued to the date of the

District Court's decision, need be paid until thirty (30) days

after the United States prevails in any appeal.

G. If BEI fails to pay stipulated penalties when they

become due under the terns described above, the United States may

institute proceedings to collect the penalties, as well as late

charges and penalties.

H. Nothing in this Section shall be construed as

prohibiting, altering, or in any way limiting the ability of

Plaintiff to seek any other remedies or sanctions available by
- 45 -

virtue of BEI's violation of this Consent Decree or of the

statutes and regulations upon which it is based.

XXII. COVENANT NOT TO SUE

A. In consideration of the actions that will be

performed and the payments that will be made by BEI under the

terms of this Consent Decree, and except as otherwise

specifically provided in Paragraphs C, D, E, F, G and H of this

Section, the United States covenants not to sue or to take

administrative action against BEI for Covered Matters. (The term

"Covered Matters" is defined in paragraph B of this Section.)

With respect to all liability for response costs incurred prior

to entry of this Consent Decree, this covenant not to sue shall

take effect upon the receipt by EPA of the payments required by

Section IV of this Consent Decree. With respect to future

liability, this covenant not to sue shall take effect upon

certification of completion of the Remedial Action by EPA

pursuant to Section XV of this Consent Decree. This covenant not

to sue is conditioned upon satisfactory performance by BEI of its

obligations under this Consent Decree. This covenant not to sue

extends only to BEI, its shareholders and directors, and does not

extend to any other person.

B. Except as provided in Paragraphs C, D, E, F, G and H of

this Section, "Covered Matters" shall include any and all civil

liability to the United States for the Work for the causes of

action specifically set forth in the Complaint. "Covered

Matters" shall not include any additional remedial and/or
- 46 -

response actions which may be the subject of future record(s) of

decision for this Site,

C. Notwithstanding any other provision of this Consent

Decree, the United States reserves the right to institute

proceedings in this action or in a new action, or to issue an

administrative order, seeking to compel BEI (1) to perform

additional response actions at the Site or (2) to reimburse the

United States for the costs of such response if, prior to

certification of completion of the Remedial Action:

(i) conditions at the Site, previously

unknown to the United States, are

discovered after the entry of this

Consent Decree, or

(ii) information is received, in whole or in

part, after the entry of this Consent

Decree,

and EPA finds, based on these previously unknown conditions or

this information, together with any other relevant information,

that the Remedial Action is not protective of human health and

the environment.

D. Notwithstanding any other provision of this Consent

Decree, the United States reserves the right to institute

proceedings in this action or in a new action, or to issue an

administrative order, seeking to compel BEI (1) to perform

additional response actions at the Site or (2) to reimburse the

United states for the costs of such response if, subsequent to

certification of completion of the Remedial Action:
- 47 -

(i) conditions at the Site, previously

unknown to the United States, are

discovered after the certification

of completion, or

(ii) information is received, in whole

or in part, after the certification

of completion,

and EPA finds, based on these previously unknown conditions or

this information together with any other relevant information,

that the Remedial Action is not protective of human health and

the environment. The above-mentioned resevations of rights in

Paragraphs C and D include the right to institute proceedings in

this action or in a new action to seek reimbursement of costs

incurred as a result of actions undertaken pursuant to Section

121(c) of CERCLA, 42 U.S.C. § 9621(c).

E. For purposes of Paragraph C of this Section, the

information received by and the conditions known to the United

States shall include that information and those conditions set

forth in the Record of Decision for the Craig Farm site and the

administrative record supporting the Record of Decision. For

purposes of paragraph D of this Section, the information received

by and the conditions known to the United States shall include

that information and those conditions set forth in the Record of

Decision for the Craig Farm Site, the administrative record

supporting the Record of Decision, and any information received

by the United States pursuant to the requirements of this Consent

Decree.
- 48 -

F. Notwithstanding any other provision of this Consent

Decree, the United States reserves the right to institute

proceedings in this action or in a new action, or to issue an

administrative order, seeking to compel BEI (1) to perform

different and/or additional response actions at the Site or (2)

to reimburse the United States for the costs of such response if

EPA determines, as a result of the treatability study performed

pursuant to Exhibit 2, that remedial action different from that

detailed in Exhibit 2 should be selected for the Site.

G. Notwithstanding any other provision of this Consent

Decree, the United States reserves the right to institute

proceedings in a new action, or to issue an administrative order,

seeking to compel BEI (1) to perform additional response actions

at the Site or (2) to reimburse the United States for the costs

of such response to address groundwater contamination at the Site

following the groundwater verification study that will be

performed pursuant to Exhibit 2.

H. The covenant not to sue set forth above does not

pertain to any matters other than those expressly specified to be

Covered Matters. The United States reserves, and this Consent

Decree is without prejudice to, all rights against BEI with

respect to all other Batters. In addition, the following are

specifically identified as matters that are not Covered Matters:

(1) claims based on the failure to comply with or the

requirements of this Consent Decree;
- 49 -

(2) liability arising from the past, present, or

future disposal, release, or threat of release of hazardous

substances outside of the Site and not attributable to the Site;

(3) liability for the disposal of any hazardous

substances taken from the Site;

(4) liability for damages for injury to, destruction

of, or loss of natural resources, as defined in Section 101(16)

of CERCLA, 42 U.S.C. § 9601(16); and

(5) criminal liability.

I. For and in consideration of the covenants and promises

made herein, BEI covenants not to sue or otherwise assert any

cause of action, claim, or demand against the United States,

including any claims pursuant to Section 112 of CERCLA, 42 U.S.C.

§ 9612, or any other provision of law, directly or indirectly, or

against the Hazardous Substance Superfund established by Section

517 of the Internal Revenue Code, 26 U.S.C. § 9507, or other

claims against the United States for expenses arising from

implementation of the Work or payment of costs pursuant to this

Consent Decree. Nothing in this paragraph shall constitute a

waiver of any,rights BEI may have under applicable law to join or

sue the United States in the event of assertion of any cause of

action or claim for personal injury or property damage arising

from implementation of the Work. Nothing in this Consent Decree

shall constitute preauthorization of a CERCLA claim within the

meaning of 40 C.F.R. § 300.700(d).
- 50 -

J. BEI's claim against any other party in this or any

other proceeding for contribution or indemnification of all or a

portion of the cost of its settlement herein shall be secondary

to the United States' claim against such other party for the

response actions or other costs incurred by the United States for

actions taken at the Site.

K. Except as expressly provided in this Consent Decree,

each party reserves all rights, claims, defenses and authorities

it has under CERCLA or any other law or in equity.

XXIII. ACCESS TO INFORMATION

A. BEI shall provide to EPA, upon request, pursuant to

Section 104(e) of CERCLA, 42 U.S.C. § 9604(e), and subject to the

attorney-client privilege and work-product privilege as developed

under federal law and used by federal courts, all documents and

information within its possession and/or control or that of its

Contractors or agents relating to activities at the Site or to

the implementation of this Consent Decree, including sampling,

analysis, chain of custody records, manifests, trucking logs,

receipts, reports, sample traffic routing, correspondence, or

other docxiMnta or information related to the Work. In the

•vent BEI claims the attorney-client privilege or work-product

privilege on any documents or information, BEI shall provide the

United States with the title of the document, the data of the

document, the name(s) of the author(•), addressee(s), and

recipient(s), a description of the contents of the. document, and

identification of the privilege(s) asserted, and a sworn
- 51 -

statement as to the extent counsel participated in the creation

of the document. BEI shall also make available to EPA, for

purposes of investigation, information gathering, or testimony,

its employees, agents, or representatives with knowledge of

relevant, facts concerning the performance of the Work.

B. BEI may assert business confidentiality claims covering

part or all of the documents or information submitted to

Plaintiff under this Consent Decree to the extent permitted by

and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C.

§ 9604(e)(7), and 40 C.F.R. § 2.203(b). Such claims shall be

supported by documentation when the assertion is made by BEI in

accordance with the requirements of 40 C.F.R. $ 2.204(e)(4).

Documents or information determined to be confidential by EPA

will be afforded the protection specified in 40 C.F.R. Part 2,

Subpart B. If no claim of confidentiality accompanies specific

documents or information when they are submitted to EPA, or if

EPA has notified BEI that the documents or information are not

confidential under the standards of Section 104(e)(7) of CERCLA,

42 U.S.C. § 9604(e)(7), and 40 C.F.R. Part 2, Subpart B, the

public may b« given access to such documents or information

without further notice to BEI.

C. No claim of confidentiality shall be made with respect

to any sampling or analytical data or any other documents or

information evidencing conditions at or around the site.
- 52 -

MIV. RETENTION OF RECORDS

Until six (6) years after EPA's certification of completion

of Remedial Action activities, BEI shall preserve and retain, and

shall require its Contractor(s), subcontractors and agents to

preserve and retain all records, documents, and information of

whatever kind nature or description relating to the performance

of Remedial Action now or hereafter in its possession or control.

Until six (6) years after completion of Operation and Maintenance

activities, BEI shall preserve and retain, and shall require its

Contractors, subcontractors and agents to preserve and retain,

all records, documents, and information of whatever kind, nature

or description relating to the performance of Operation and

Maintenance now or hereafter in its possession or control. After

each document retention period, BEI shall notify the United

States at least ninety (90) days prior to the destruction of any

such records or documents and, upon request by the United States,

BEI shall relinquish custody of the records or documents to EPA.

BEI may not claim the attorney-client privilege or work-product

privilege for any document, record or information created,

generated or collected solely by BEI's Contractor (without the

benefit of counsel) pursuant to the terms of this Consent Decree

and its appendices. In the event that BEI claims the attorneyclient privilege or work-product privilege on any other documents

relating to performance of the Work, BEI shall provide the United

States with the title of the document, the date of the document,

the name(s) of the author(s), addressee(s), and recipient(s), a
- 53 -

description of the contents of the document, and identification

of the privilege(s) asserted, and a sworn representation as to

the extent counsel participated in the creation of the document.

XXV. NOTICES

A. Whenever the terms of this Consent Decree require that

written notice be given or a report or other document be sent by

one party to another, it shall be sent by certified or overnight

mail, to the following individuals at the addresses specified

below (or to such address as such party may from time to time

designate by written notice):

1. If to the United States:

(a) U.S. Attorney's Office

Attn: U.S. v. Beazer East. Inc.

633 U.S. Post Office & Courthouse

7th Avenue and Grant Street

Pittsburgh, PA 15219

(b) Office of Regional Counsel (3RC20)

Attn: Craig Farm Site

U.S. EPA Region III

841 Chestnut Building

Philadelphia, PA 19107

(c) Garth Connor (3HW23)

Remedial Project Manager

US EPA Region III

841 Chestnut Building

Philadelphia, PA 19107

(d) Chief, Environmental

Enforcement Section

United States Department of Justice

P.O. Box 7611

Benjamin Franklin Station

Washington, D.C. 20044

Attention: DOJ number 90-11-2-533

or for overnight mail:

Chief, Environmental Enforcement Section

United States Department cf Justice

Room 1541
- 54 -

10th & Pennsylvania Ave., N.W.

Washington, D.C. 20530

Attention: DOJ number 90-11-2-533

2. If to BEI:

(a) Shannon K. Craig

Program Manager Environmental Services

Beazer Materials and Services Inc.

436 Seventh Ave.

Pittsburgh, PA 15219

(b) Billie S. Nolan, Esq.

Beazer Materials and Services Inc.

436 Seventh Ave.

Pittsburgh, PA 15219

B. Whenever a report, notice or other document is provided

to Plaintiff pursuant to Paragraph XXV(A) above, two copies shall

also be provided to the Commonwealth of Pennsylvania for review

and comment at the address set forth below.

Deborah McNaughton

Bureau of Waste Management

Pennsylvania Department of

Environmental Resources

121 South Highland Ave.

Pittsburgh, PA 15206-3988

XXVI. 8FTBCTIVB AKD TERMINATION DATES

A. This Consent Decree shall be effective upon the date of

its entry by the Court, which shall be sought, as appropriate,

after expiration of the public notice and comment requirements as

set forth in Section XXX.

B. Upon notice by EPA to the Court that EPA has certified

the Remedial Action as complete, that BEI has completed the

Operation and Maintenance activities identified in this Consent

Decree or incorporated into this Consent Decree, and that BEI has
- 55 -

satisfied all of its other obligations under this Consent Decree,

either party may petition the Court to terminate the Consent

Decree. Termination of this Consent Decree shall not affect

Sections XVIII, XXII, XXIII, XXIV, and XXV, and shall not affect

any continuing obligation of BEI under Section XXVII.

XXVII. RETENTION OF JURISDICTION

A. This Court will retain jurisdiction for the purpose of

enabling either of the Parties to apply to the Court at any time

for such further order, direction, and relief as may be necessary

or appropriate for the construction or modification of this

Consent Decree, or to effectuate or enforce compliance with its

terms, or to resolve disputes in accordance with Sections XVII

and XX hereof.

B. Nothing herein shall in anyway abrogate or restrict the

United States' authority to enforce all federal environmental or

other laws.

XXVIII. MODIFICATIONS

A. Minor modifications in the techniques, procedures or

designs utilized in carrying out this Consent Decree which are

consistent with th« objectives of this Consent Decree, and

necessary to the completion of the Work, may be made by mutual

agreement of EPA's RPM and BEI's Project Coordinator. Such

modifications shall be made by exchange of letters agreeing to

such changes and shall have as an effective date the date on

which the letter from the EPA RPM is received by BEI. Nothing in
- 56 -

this paragraph shall be deemed to alter the Court's power to

supervise or modify this Consent Decree.

B. No material modification shall be made to this Consent

Decree without written notification to and written approval of

the Parties and the Court, or by order of the Court. The

notification required by this Section shall set forth the nature

of and reasons for the requested modification. No oral

modification of this Consent Decree shall be effective. Nothing

in this paragraph shall be deemed to alter the Court's power to

supervise or modify the Consent Decree.

XXIX. COMMUNITY RELATIONS

BEI shall cooperate with EPA in providing information

regarding the Work to the public. As requested by EPA, BEI shall

participate in the preparation of such information for

dissemination to the public and in public meetings which may be

held or sponsored by EPA to explain activities at or relating to

the Site.

XXX. LQDQIliq AMP OPPORTUNITY TO> PUBLIC

This Consent Decree shall be lodged with the Court for a

period of not !••• than thirty (30) days for public notice and

comment in accordance with Section 122(d)(2) of CERCLA, 42 U.S.C.

§ 9622 (d) (2), Section 7003 (d) of RCRA, 42 U.S.C. § 6973 (d), and

28 C.F.R. S 50.7. The United States reserves the right to

withdraw or withhold its consent as permitted by statute and

regulation.
- 57 -

XXXI. RESPONSE AUTHORITY

A. Except as provided in (B) below, nothing in this

Consent Decree shall be deemed to limit the response authority of

the United States under Sections 104 and 106 of CERCLA, 42 U.S.C.

§§ 9604 and 9606, or the authority of the On-Scene-Coordinator

under 40 C.F.R. § 300.415, or the right of the United States to

recover the costs of such response under Section 107 of CERCLA,

42 U.S.C. § 9607.

B. Subject to Sections XIII, XVI(C) and XXXI, so long as

BEI is performing the Work required by this Consent Decree and

the Work performed is in compliance with the terms of this

Consent Decree, the United States shall not undertake or perform

this same Work, This provision shall in no way limit the United

States from oversight of Work performed by BEI, including the

taking and analysis of duplicate samples.

XXXII. PARAGRAPH HBADIKQfl

All paragraph headings herein are for convenience only and

are in no way to be construed as part of this Consent Decree or a

limitation on the scope of the provisions to which they may

refer.

XXXIII. KMTORC1ABILITY

The provisions of this Consent Decree scheduled to occur

prior to the entry of this Consent Decree shall be legally

enforceable once this Consent Decree has been entered by the

Court. If applicable, payment of stipulated penalties for
- 58 -

violations of pre-entry obligations may be demanded by the United

States, as provided in Section XXI of this Consent Decree, upon

entry of this Consent Decree by the Court, and such payment may

be demanded for the entire period beginning on the pre-entry date

on which the obligation should have been met to the date of

actual compliance. The equitable authority of this Court shall

also extend to violations of such pre-entry obligations and

disputes arising under the provisions of this Consent Decree.

BY THEIR COUNSEL, THE PARTIES ENTER INTO THIS CONSENT

DECREE AND SUBMIT IT TO THE COURT, THAT IT MAY BE APPROVED AND

ENTERED.
- 59 -

FOR THE UNITED STATES:

RICHARD B. STEWART

Assistant Attorney General

Environment and Natural Resources

Division

U.S. Department of Justice

10th & Pennsylvania Ave., N.W.

Washington, D.C. 20530

DAVID ROSSKAM

Environmental Enforcement

Section

Environment and Natural Resources

Division

U.S. Department of Justice

10th & Pennsylvania Ave., N.W.

Washington, D.C. 20530
- 60 -

FOR THE UNITED STATES:

CHARLES D. SHEEHY

United States Attorney

Western District of Pennsylvania

Assistant United States Attorney

Western District of Pennsylvania

633 U.S. Post Office & Courthouse

7th Avenue and Grant Street

Pittsburgh, PA 15219
- 61 -

FOR THE UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY

EDWIN B. ERICKSON

Regional Administrator

U.S. Environmental Protection

Agency

Region III

841 Chestnut Building

Philadelphia, PA 19107

MARCIA E. MULKEY

Regional Counsel

U.S. Environmental Protection

Agency, Region III

841 Chestnut Building

Philadelphia, PA 19107

LYDIA ISALES

Senior Assistant Regional Counsel

U.S. Environmental Protection

Agency, Region III

841 Chestnut Building

Philadelphia, PA 19107
- 62 -

FOR BEI:

ROBERT G. HAMILTON

Vice-President

Beazer East, Inc.

1450 Koppers Building

436 7th Avenue

Pittsburgh, PA 15219

APPROVED AND SO ORDERED this day /-— of O

HONORABLE

, 1990
L

.

f!