On March 19, 2015, the Department of Justice lodged with the United States District Court for the Southern District of Ohio a proposed cash-out agreement in the lawsuit entitled United States v. The Atlas Lederer Company, et al. Civil Action No. 3:91-cv-309. The proposed agreement, if approved, will amend a Consent Decree entered by the Court in 1998. Under the Original Decree, the Settling Generator Defendants have cleaned up the United Scrap Lead Superfund Site in Troy, Ohio, and reimbursed the EPA for a portion of its response costs. Now, under the proposed cash-out agreement, the Settling Generator Defendants will resolve their remaining obligations under the Original Decree by (1) paying a cash-out amount of $158,564, (2) dismissing, with prejudice, their challenge to EPA's oversight bills under the Disputes clause of the Original Decree, and (3) waiving their right to share proceeds
generated from the sale of the Site. In exchange, the United States shall excuse Settling Defendants from their obligations to (1) pay any additional oversight costs in the future.
ON JULY 31, 1991, THE U.S. FILED A CERCLA SECTION 107 COST REECOVERY ACTION IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AS PART OF A JOINT U.S. EPA/DOJ LEAD INITIATIVE. THE DEFENDANTS NAMED IN THE SUIT INCLUDED NINE GENERATOR DEFENDANTS AND BAILEN BROTHERS, INC., WHICH WAS THOUGHT TO BE THE THEN-CURRENT SITE OWNER/OPERATOR. IN 1997 U.S. EPA ISSUED A ROD AMENDMENT FOR A CONTAINMENT REMEDY. THE