EPA v. BRODERICK INVESTMENT COMPANY - CRCLA AMENDMENTS

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION PURSUANT TO SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SECTION 9606 AND 9607 AGAINST BRODERICK INVESTMENT COMPANY, FIRST INTERSTATE BANK OF DENVER, AND COLORADO NATIONAL BANK (CNB). FIRST INTERSTATE AND CNB ARE TRUSTEES OF FIVE TRUSTS AFFECTING THE OWNERSHIP OF THE NOW-DEFUNCT BRODERICK WOOD PRODUCTS COMPANY, A FORMER PROCESSOR OF WOOD PRODUCTS IN DENVER, COLORADO. THE TRUSTEES ALSO ARE PARTNERS IN BRODERICK INVESTMENT COMPANY, A PARTNERSHIP FORMED TO LIQUIDATE AND DISTRIBUTE THE ASSETS OF BRODERICK WOOD PRODUC TS COMPANY. THE BRODERICK SITE IS A PRIORITY SITE ON THE NATIONAL PRIORITES LIST (NPL). THIS CASE ARISES AS A RESULT OF THE GROSS CONTAMINATION OF THE SOILS, GROUNDWATER, AND SURFACE WATER IN AND ABOUT THE BRODERICK SITE. NEGOTIATIONS ARE UNDERWAY IN THIS AND EARLIER RCRA REFER RAL. A PROPOSED CONSENT DECREE HAS BEEN DRAFTED AND IS UNDER REVIEW BY EPA/HQ AND DOJ. TO DATE, AGREEMENT HAS BEEN REACHED AS A TRUSTEE-INITIATED RI/FS WORKPLAN. CAUSE OF ACTION THE ELEMENTS OF A CAUSE OF ACTION UNDER SECTIONS 106 AND 107 OF CERCLA AGAINST FIRST INTERSTATE, CNB AND BRODERICK INVESTMENT COMPANY ARE ESTABLISHED HEREIN AS FOLLOWS: - ALL THREE PARTIES ARE PERSONS WITHIN THE MEANING OF SECTION 101(21) OF CERCLA, 423 U.S.C. SECTION 9601(21); - THE BRODERICK SITE IS A FACILITY WITHIN THE MEANING OF SECTION 101(A) OF CERCLA, 42 U.S.C. SECTION 9601(A); - ALL THREE PARTIES ARE SUBJECT TO THE LIABILITY PROVISIONS OF SECTION 107(A) OF CERCLA, 42 U.S.C. SECTION 9607(A), IN THAT THEY EITHER OWNED OR OPERATED A FACILITY AT WHICH HAZA RDOUS 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 SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH OR THE WELFARE, OR TO THE ENVIRONMENT. PROPOSED REMEDY AN ORDER TO OBTAIN SITE ACCESS TO CONDUCT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RF/FS), INJUNCTIVE RELIEF MAY BE REQUIRED. ADDITIONALLY, EPA SEEKS REIMBURSEMENT OF ALL CERCLA COSTS TO DATE AT THE SITE, AS WELL AS A DECLARATORY JUDGEMENT THAT THE DEFENDANTS ARE LIABLE FOR ALL FUTURE COSTS UNDER CERCLA AT THE BRODERICK SITE. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE BECAUSE OF THE EXISTENCE OF THE TRUSTS IN THIS MATTER AND THE POSSIBLE INVOLVEMENT OF THE TRUSTEES IN THE ACTUAL OPER- ATIONS OF BRODERICK WOOD PRODUCTS COMPANY, ISSUES OF TRUSTEE LIABILITY WILL ARISE IN THIS MATTER. SINCE THERE IS LITTLE, IF ANY, CASE LAW ON TRUSTEE LIABILITY UNDER CERCLA, SUCH ISSUES WILL BE OF BOTH NATIONAL AND PRECEDENTIAL SIGNIFI- CANCE. (COMBINED WITH BRODERICK INVESTMENT COMPANY, 08-83- E006 AT JACK WINDER'S REQUEST, 3/31/87).

Defendants (3)

• BRODERICK INVESTMENT COMPANYNamed in complaint
• COLORADO NATIONAL BANKNamed in complaint
• FIRST INTERSTATE BANK OF DENVERNamed in complaint

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)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-11-13Referred 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
• 1986-12-18Enforcement Action Closed