EPA v. BRODERICK INVESTMENT CO.

Case summary

NATURE OF CASE BRODERICK WOOD PRODUCTS CO. OPERATED A WOOD PROCESSING AND TREATMENT FACILITY IN DENVER, COLORADO, FROM 1946 UNTIL 1981. IN 1982, THE COMPANY FILED ARTICLES OF DISSOLUTION WITH THE COLORADO SECRETARY OF STATE. AT THAT TIME, ALL ASSETS OF THE COMPANY REVERTED TO AN ELABORATE ARRANGEMENT OF INTER VIVOS AND TESTAMENTARY TRUSTS ADMINISTERED BY THE COLORADO NATIONAL BANK AND THE FIRST NATIONAL BANK OF DENVER (NOW THE FIRST INTERSTATE BANK OF DENVER). FOR PURPOSES OF DISPERSING THE ASSETS OF BRODERICK WOOD PRODUCTS CO. IN 1982, THE TWO TRUSTEES FORMED A PARTNERSHIP, BRODERICK IN- VESTMENT COMPANY. BOTH PRIOR AND SUBSEQUENT TO THE LEGAL DISSOLUTION OF BRODERICK WOOD PRODUCTS CO., EPA INSPECTORS OBSERVED NUMER- OUS VIOLATIONS OF RCRA AND EPA'S RCRA REGULATIONS AT THE SITE. IN ADDITION TO NUMEROUS VIOLATIONS OF THE IMPORTANT PROCEDURAL REQUIREMENTS OF THE RCRA REGULATIONS, EPA IN- VESTIGATIONS OF AND NEAR THE SITE HAVE REVEALED SIGNIFICANT SOIL, SURFACE WATER, AND GROUNDWATER CONTAMINATION. CAUSE OF ACTION NEGOTIATIONS UNDERWAY. PROPOSED CONSENT DECREE UNDER REVIEW BY EPA/HQ AND DOJ ENCOMPASSING RCRA VIOLATIONS AND SUBSEQUENT CERCLA REFERRAL. <AT THE REQUEST OF EPA-HQ HAZARDOUS WASTE CHIEF, JACK WINDER, A LATER ACTION AGAINST BRODERICK INVESTMENT CO., 08-84-E020, WAS CONSOLIDATED AND CONCLUDED, EFFECTIVE 12/18/ 86. ALL FIELDS AND TEXTS FROM THE SUBSEQUENT CASE HAVE BEEN ENTERED HERE AND IN OTHER SECTIONS.> THIS IS A CIVIL ACTION PURSUANT TO SECTIONS 106 & 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION & LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SECTION 9606 AND 9607 AGAINST BRODERICK INVESTMENT COMPANY, FIRST INTERSTATE BANK OF DENVER & COLORADO NATIONAL BANK (CNB). FIRST INTERS TATE AND CNB ARE TRUSTEES OF FIVE TRUSTS AFFECTING THE OWNER SHIP OF THE NOW DEFUNCT BRODERICK WOOD PRODUCTS COMPANY, A FORMER PROCESSER OF WOOD PRODUCTS IN DENVER COLORADO. THE TRUSTEES ARE ALSO PARTNERS IN THE BRODERICK INVESTMENT COM- PANY, A PARTNERSHIP FORMED TO LIQUIDATE & DISTRIBUTE ASSETS OF BRODERICK WOOD PRODUCTS COMPANY. THE BRODERICK SITE IS A PRIORITY SITE ON THE NATIONAL PRIORITIES LIST (NPL). THIS CASE ARISES AS A RESULT OF THE GROSS CONTAMINATION OF THE SOILS, GROUNDWATER AND SURFACE WATER IN AND ABOUT THE BRO- DERICK SITE. NEGOTIATIONS ARE UNDERWAY IN THIS AND AN EARLIER RCRA RE- FERRAL. A PROPOSED CD HAS BEEN DRAFTED AND IS UNDER REVIEW BY EPA AND BY EPA/HQ AND DOJ. TO DATE, AGREEMENT HAS BEEN REACHED AS A TRUSTEE INITIATED RI/FS WORKPLAN. CAUSE OF ACTION II THE ELEMENTS UNDER SECTIONS 106 AND 107 OF CERCLA AGAINST FIRST INTERSTATE, CNB & BRODERICK INVESTMENT COMPANY ARE ES- TABLISHED HEREIN AS FOLLOWS: - ALL 3 PARTIES ARE PERSONS WITHIN THE MEANING OF SECT 101 (21) OF CERCLA, 423 U.S.C. SECT 9601(21); - THE BRODERICK SITE IS A FACILITY WITHIN THE MEANING OF SECT 101(A) OF CERCLA, 42 U.S.C. SECT 96017(A). - ALL 3 PARTIES ARE SUBJECT TO THE LIABILITY PROVISIONS OF SECT 107(A) OF CERCLA, 42 U.S.C. SECT 9607(A), IN THAT THEY EITHER OWNED OR OPERATED A FACIOLITY AT WHICH HAZARDOUS SUBSTANCES WERE DISPOSED; - EPA HAS DETERMINED THAT THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AT THE BRODERICK SITE MAY PRESENT AN IMMINENT AND SUBSTANTUAL ENDANGERMENTTO HUMAN HEALTH OR WELFARE OR TO THE ENVIRONMENT. PROPOSED REMEDY - AN ORDERTO OBTAIN SITE ACCESS TO CONDUCT A REMEDIAL INVES TIGATION & FEASIBILITY STUDY (RS/RF

Defendants (3)

• BRODERICK INVESTMENT CO.Named in complaintNamed in settlement
• COLORADO NATIONAL BANKNamed in complaintNamed in settlement
• FIRST INTERSTATE BANK OF DENVERNamed in complaintNamed in settlement

Facilities (1)

• BRODERICK INVESTMENTS CO

  287 CENTURY CIRCLE, LOUISVILLE, CO, 80027

  Registry ID: 110012141379

Statutes cited

• CERCLA 107 — Superfund
• RCRA 3008 — Res Conserv & Rec Act
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BRODERICK INVESTMENT COMPANYentered 1986-05-21

  Primary law: CERCLA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1983-11-14Referred To Headquarters
• 1984-01-16Referred To Dept Of Justice
• 1986-02-03Referred TO U.S. Attorney
• 1986-02-28Complaint Filed With Court
• 1986-05-21Final Order Lodged
• 1986-05-21Final Order Entered
• 1986-05-21Concluded
• 1992-10-13Enforcement Action Closed