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Commitments And Contingencies
12 Months Ended
Aug. 31, 2014
Commitments And Contingencies [Abstract]  
Commitments And Contingencies

N. COMMITMENTS AND CONTINGENCIES 

 

In the ordinary course of its business operations, the Company is involved, from time to time, in commercial litigation, employment disputes, administrative proceedings and other legal proceedings.  The Company has established accruals for certain proceedings based on an assessment of probability of loss.  The Company believes that any potential loss in excess of the amounts accrued would not have a material effect on the business or its consolidated financial statements.  Such proceedings are exclusive of environmental remediation matters which are discussed separately below.

 

Environmental Remediation

In 1992, the Company entered into a consent decree with the U.S. Environmental Protection Agency (the “EPA”) in which the Company committed to remediate environmental contamination of the groundwater that was discovered in 1982 through 1990 at and adjacent to its Lindsay, Nebraska facility (the “site”).  The site was added to the EPA’s list of priority superfund sites in 1989.  Between 1993 and 1995, remediation plans for the site were approved by the EPA and fully implemented by the Company.  Since 1998, the primary remaining contamination at the site has been the presence of volatile organic compounds in the soil and groundwater.  To date, the remediation process has consisted primarily of drilling wells into the aquifer and pumping water to the surface to allow these contaminants to be removed by aeration.

 

In fiscal 2012, the Company undertook an investigation to assess further potential site remediation and containment actions.  In connection with the receipt of preliminary results of this investigation and other evaluations, the Company estimated that it would incur $7.2 million in remediation of source area contamination and operating costs and accrued that undiscounted amount.  The expense was included within general and administrative expense in the consolidated statements of operations. The EPA has not approved the Company’s remediation plan. 

 

In addition to the source area noted above, the Company has determined that volatile organic compounds also exist under one of the manufacturing buildings on the site.  Due to the location, the Company has not yet determined the extent of these compounds or whether they are contributing, if at all, to groundwater contamination.  Based on the current stage of discussions with the EPA and the uncertainty of the remediation actions that may be required with respect to this affected area, if any, the Company believes that meaningful estimates of costs or range of costs cannot currently be made and accordingly have not been accrued.

 

In fiscal 2013, the Company and the EPA conducted a periodic five-year review of the status of the remediation of the contamination of the site.  The Company intends to complete additional investigation of the soil and groundwater on the site during the second half of calendar 2014. Based on this investigation, the Company will then assess revisions to its remediation plan and expects to meet with the EPA in the first half of fiscal 2015 to determine how to proceed.  During fiscal 2014, the Company did not accrue any additional incremental costs related to environmental remediation liabilities.

 

The Company accrues the anticipated cost of investigation and remediation when the obligation is probable and can be reasonably estimated.  Although the Company has accrued all reasonably estimable costs associated with the site, it anticipates there could be revisions to the current remediation plan as well as additional testing and environmental monitoring as part of the Company’s ongoing discussions with the EPA regarding the development and implementation of the remedial action plans.  Any revisions could be material to the operating results of any fiscal quarter or fiscal year.  The Company does not expect such additional expenses would have a material adverse effect on its liquidity or financial condition.

  

The following table summarizes the undiscounted environmental remediation liability classifications included in the balance sheet as of August 31, 2014 and 2013:

 

 

 

 

 

 

 

 

Environmental Remediation Liabilities

$ in thousands

 

August 31,

 

August 31,

Balance Sheet Location

 

2014

 

2013

 

 

 

 

 

 

 

Other current liabilities

 

$

1,370 

 

$

1,740 

Other noncurrent liabilities

 

 

5,025 

 

 

5,200 

Total environmental remediation liabilities

 

$

6,395 

 

$

6,940 

 

 

 

 

 

 

 

 

Leases

The Company leases land, buildings, machinery, equipment, and computer equipment under various noncancelable operating lease agreements.  At August 31, 2014, future minimum lease payments under noncancelable operating leases were as follows:

 

 

 

 

 

 

 

 

Fiscal Years

 

$ in thousands

 

 

2014

 

$

3,156 

 

 

2015

 

 

2,376 

 

 

2016

 

 

2,087 

 

 

2017

 

 

1,815 

 

 

2018

 

 

1,468 

 

 

Thereafter

 

 

6,125 

 

 

 

 

$

17,027 

 

 

 

 

 

 

 

 

 

Lease expense was $4.0 million, $3.9 million and $3.6 million for the years ended August 31, 2014,  2013, and 2012, respectively.