EPA v. DENVER, CITY AND COUNTY OF

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST THE CITY AND COUNTY OF DENVER, COLORADO, PURSUANT TO SECTION 106 OF THE COMPREHEN- SIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA), 42 U.S.C. SECTION 6906, FOR VIOLATION OF AN ADMIN- ISTRATIVE ORDER ON CONSENT. THE ORDER (ATTACHMENT A) REQUIRES DENVER TO INSTALL AND OPERATE A CONTAINMENT AND TREATMENT SYSTEM DESIGNED TO RE- STRICT THE MIGRATION OF CONTAMINATED GROUNDWATER TO THE NORTH OF THE LOWRY LANDFILL SITE. THE SYSTEM BASICALLY WILL CONSIST OF (1) A CLAY BARRIER THAT WILL INTERCEPT GROUND- WATER AS IT FLOWS OFF THE SITE TO THE NORTH; (2) A SUMP THAT WILL REMOVE THE CONTAMINATED WATER ONCE IT COLLECTS AT THE BARRIER; AND (3) A CARBON TREATMENT SYSTEM THAT WILL TREAT THE CONTAMINATED WATER PRIOR TO REINJECTION INTO THE ENVIR- ONMENT. AT TIME OF VIOLATION DENVER HAD COMPLETED THE BARRIER AND WAS IN THE PROCESS OF INSTALLING THE TREATMENT SYSTEM. THE ORDER, AT PAGES 8-9, CONTAINS THE FOLLOWING PROVISION ABOUT CONTAMINATED WATER COLLECTING AT THE BARRIER PRIOR TO COMPLETION OF THE TREATMENT SYSTEM: I. DENVER AGREES THAT FROM THE PERIOD BETWEEN CON- STRUCTION OF THE BARRIER SYSTEM AND COMPLETION OF THE TREATMENT AND REINJECTION SYSTEMS, CON- TAMINATED WATER COLLECTED AT THE BARRIER SHALL BE PLACED INTO A RETENTION POND WITH A 2-FOOT CLAY LINER. DENVER AGREES THAT USE OF THIS POND WILL CEASE SIXTY (60) DAYS AFTER COMPLETION OF THE TREATMENT SYSTEM. ON APRIL 27, 1984, TWO COLORADO DEPARTMENT OF HEALTH (CDH) INSPECTORS OBSERVED THAT DENVER WAS PUMPING THE CON- TAMINTED WATERS COLLECTED AT THE BARRIER OVER AND BEYOND THE BARRIER RATHER THAN INTO THE RETENTION POND AS SPECIFIED IN THE ORDER. THE CDH INSPECTORS CONFIRMED THAT SUCH PUMPING HAD OCCURRED FOR APPROXIMATELY 7 HOURS THAT DAY AND RESULTED IN THE DISCHARGE OF APPROXIMATELY 50,000 GALLONS OF CONTAM- INATED. WATER OFF THE LOWRY LANDFILL PROPERTY AND INTO MURPHY CREEK. DENVER SUBSEQUENTLY ADMITTED THAT SUCH PUMP- ING HAD BEEN DONE EACH DAY OF THAT WORK WEEK. A FEDERAL JUDICIAL ACTION IS WARRANTED SINCE DENVER VOLUNTARILY AGREED TO ABIDE BY THE TERMS OF THE ORDER AND DISOBEYED IT. EPA MUST DEMONSTRATE TO DENVER AND OTHERS THAT CONSENT ORDERS WILL BE STRICTLY ENFORCED. CAUSE OF ACTION THE ELEMENTS OF A CAUSE OF ACTION PURSUANT TO SECTION 106 OF CERCLA ARE MET IN THAT: THE ADMINISTRATIVE ORDER ON CONSENT WAS VOLUNTARILY ENTERED INTO BY DENVER PURSUANT TO EPA'S AUTHORITY, AS PROPERLY DEL- EGATED, SET OUT IN SECTION 106(A) OF CERCLA; THE CITY AND COUNTY OF DENVER, COLORADO, IS A PERSON WITH- IN THE MEANING OF SECTION 101(21) OF CERCLA. 42 U.S.C. SEC- TION 6901(21); DENVER VIOLATED OR FAILED TO COMPLY WITH A SPECIFIC TERM OF THE ORDER. PROPOSED REMEDY SINCE DENVER CEASED THE PRACTICE DESCRIBED ABOVE AT THE REQUEST OF THE CDH INSPECTORS, EPA SEEKS UP TO A $25,000 CIVIL PENALTY ($5,000 PER DAY X FIVE DAYS), AS SPECIFIED IN SECTION 106(B) OF CERCLA, AND ASSURANCES THAT DENVER WILL HENCEFORTH FULLY COMPLY WITH THE ORDER. ISSUES OF NATIONAL OR PRECEDENTIAL SIGINIFICANCE OTHER THAN THE DETERRENT EFFECT OF STRICTILY ENFORCING CERCLA SECTIONS 106 ORDERS ISSUED BY THE EPA, THIS CASE DOES NOT RAISE ANY NATIONAL OR PARTICULARY PRECEDENTIAL ISSUES. REGIONAL CONTACTS DAVID J. JANIK (FTS 564-4261)

Defendants (1)

• DENVER , CITY AND COUNTY OFNamed in complaintNamed in settlement

Facilities (1)

• LOWRY LANDFILL

  4200 S GUN CLUB RD, AURORA, CO, 80018

  Registry ID: 110009270920

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DENVER, CITY AND COUNTY OFentered 1986-01-08

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-05-16Referred To Headquarters
• 1984-06-20Referred To Dept Of Justice
• 1984-07-23Referred TO U.S. Attorney
• 1984-07-24Complaint Filed With Court
• 1986-01-08Final Order Lodged
• 1986-01-08Final Order Entered
• 1986-01-08Concluded