Legal Proceedings
−Removed: In 2004, we acquired a store site in Mount Ephraim, New Jersey that had previously been the site of a gasoline service station and contained evidence of
−Removed: groundwater contamination.
−Removed: Upon acquisition, we voluntarily reported the groundwater contamination issue to the New Jersey Department of Environmental Protection (NJDEP) and entered into a Voluntary Remediation Agreement providing for
−Removed: the remediation of the contamination associated with the property.
+Added: In 2004, we acquired a store site in Mount Ephraim, New Jersey that had previously been the site of a gasoline service station and contained evidence of groundwater contamination.
+Added: Upon acquisition, we voluntarily reported the groundwater contamination issue to the New Jersey Department of Environmental Protection (“NJDEP”) and entered into a Voluntary Remediation Agreement providing for the remediation of the contamination associated with the property.
We have conducted and paid for (at an immaterial cost to us) remediation of contamination on the property.
We have also voluntarily investigated and addressed potential vapor intrusion impacts in downgradient residences and businesses.
−Removed: The NJDEP has asserted, in a
−Removed: Directive and Notice to Insurers dated February 19, 2013 and again in an Amended Directive and Notice to Insurers dated January 13, 2014 (collectively the Directives), that we are liable for the downgradient impacts under a
−Removed: joint and severable liability theory.
−Removed: By letter dated April 23, 2015, NJDEP has demanded payment from us, and other parties, in the amount of approximately $296 thousand for costs incurred by NJDEP in connection with contamination
−Removed: downgradient of the property.
−Removed: By letter dated January 29, 2016, we were informed that NJDEP has filed a lien against the property in connection with approximately $355 thousand in costs incurred by NJDEP in connection with contamination
−Removed: downgradient of the property.
−Removed: We have contested, and will continue to contest, any such assertions due to the existence of other entities/sources of contamination, some of which are named in the Directives and the April 23, 2015 Demand, in the
−Removed: area of the property.
−Removed: Pursuant to the Voluntary Remediation Agreement, upon completion of all remediation required by the agreement, we believe we should be eligible to be reimbursed up to 75% of qualified remediation
−Removed: costs by the State of New Jersey.
+Added: The NJDEP has asserted, in a Directive and Notice to Insurers dated February 19, 2013 and again in an Amended Directive and Notice to Insurers dated January 13, 2014 (collectively the “Directives”), that we are liable for the downgradient impacts under a joint and severable liability theory.
+Added: By letter dated April 23, 2015, NJDEP has demanded payment from us, and other parties, in the amount of approximately $296 thousand for costs incurred by NJDEP in connection with contamination downgradient of the property.
+Added: By letter dated January 29, 2016, we were informed that NJDEP has filed a lien against the property in connection with approximately $355 thousand in costs incurred by NJDEP in connection with contamination downgradient of the property.
+Added: We have contested, and will continue to contest, any such assertions due to the existence of other entities/sources of contamination, some of which are named in the Directives and the April 23, 2015 demand letter, in the area of the property.
+Added: Pursuant to the Voluntary Remediation Agreement, upon completion of all remediation required by the agreement, we believe we should be eligible to be reimbursed up to 75% of qualified remediation costs by the State of New Jersey.
We have asked the state for clarification that the agreement applies to off-site work.
−Removed: Although the aggregate amount of additional costs that we may incur pursuant to the
−Removed: remediation cannot currently be ascertained, we do not currently believe that fulfillment of our obligations under the agreement or otherwise will result in costs that are material to our financial condition, results of operations or cash flows.
−Removed: In July 2014, we received a subpoena from the District Attorney of the County of Alameda, along with other environmental prosecutorial offices in the
−Removed: State of California, seeking documents and information related to the handling, storage and disposal of hazardous waste;
−Removed: a Complaint regarding the matter was subsequently filed by the District Attorney and the State Attorney Generals Office.
−Removed: The Company cooperated fully with the District Attorney and the State Attorney Generals Office to resolve the matter in fiscal 2019 without a finding of liability on the part of the Company.
−Removed: The amount the Company agreed to pay was within the
−Removed: amount previously accrued by the Company for the matter.
−Removed: Arising out of an April 2016 letter from the California Air Resources Board (CARB),
−Removed: one of our formerly-owned subsidiaries was sued in March 2018 by CARB and the State of California seeking penalties, among other relief, for alleged violations of the California Health and Safety Code, Title 13 of the California Code of Regulations
−Removed: and the California Vehicle Code related to the sale and advertisement of certain aftermarket motor vehicle pollution control parts in the State of California.
−Removed: On February 26, 2018, we completed our transaction to sell substantially all the
−Removed: assets, net of assumed liabilities related to our AutoAnything operations.
−Removed: As part of the sale, we retained the liability related to this lawsuit.
−Removed: The Company cooperated fully with CARB and the State Attorney Generals Office to resolve the
−Removed: matter in fiscal 2019 without a finding of liability on the part of the Company.
−Removed: The amount the Company agreed to pay was within the amount previously accrued by the Company for the matter.
−Removed: We are involved in various other legal proceedings incidental to the conduct of our business, including, but not limited to, several lawsuits containing
−Removed: class-action allegations in which the plaintiffs are current and former hourly and salaried employees who allege various wage and hour violations and unlawful termination practices.
−Removed: We do not currently believe that, either individually or in the
−Removed: aggregate, these matters will result in liabilities material to our financial condition, results of operations or cash flows.
+Added: Although the aggregate amount of additional costs that we may incur pursuant to the remediation cannot currently be ascertained, we do not currently believe that fulfillment of our obligations under the agreement or otherwise will result in costs that are material to our financial condition, results of operations or cash flows.
+Added: We are involved in various other legal proceedings incidental to the conduct of our business, including, but not limited to, several lawsuits containing class-action allegations in which the plaintiffs are current and former hourly and salaried employees who allege various wage and hour violations and unlawful termination practices.
+Added: We do not currently believe that, either individually or in the aggregate, these matters will result in liabilities material to our financial condition, results of operations or cash flows.
Mine Safety Disclosures
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.