EPA v. BRODERICK INVESTMENT COMPANY

Case summary

DEFENDANTS HAVE BEEN PERFORMING AN RI/FS AT THE BWP SUPERFUND SITE PURSUANT TO A CONSENT DECREE APPROVED BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO ON MAY 21, 1986. THE CONSENT DECREE GRANTS EPA ACCESS FOR OVERSIGHT OF THE RI/FS. ON JUNE 30, 1988, EPA ISSUED A RECORD OF DECISION ( ROD ) WHICH SELECTED A FIRST OPERABLE UNIT REMEDY FOR THE SITE. DEFENDANTS DECLINED TO PERFORM THE REMEDY (EXCEPT FOR FENCING), AND EPA DECIDED TO PERFORM THE REMEDY ITSELF. EPA ENTERED INTO AN INTERAGENCY AGREEMENT WITH THE ARMY CORPS OF ENGINEERS TO DESIGN THE REMEDY, AND THE CORPS WILL PROBABLY BE ASKED TO IMPLEMENT THE REMEDY AS WELL. IN ORDER TO DESIGN, IMPLEMENT, AND MAINTAIN THE REMEDY, EPA AND THE CORPS NEED ACCESS TO THE BRODERICK SITE. BRODERICK INVESTMENT COMPANY, THE OWNER, HAS REFUSED TO PROVIDE ACCESS. AS A RESULT, EPA HAS REFERRED THE MATTER TO THE DEPARTMENT OF JUSTICE TO OBTAIN ACCESS FOR EPA AND ITS AU- THORIZED REPRESENTATIVES. THE DEPARTMENT OF JUSTICE WILL FILE PLEADINGS WITH THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO SEEKING AN IMMEDIATE JURISDICTION OVER THE DISPUTE BETWEEN THE PARTIES TO THE CONSENT DECREE, THE DEPARTMENT OF JUSTICE PLANS TO FILE A MOTION IN THE CONSENT DECREE ACTION. HOWEVER, THE ORIGINAL DISPUTE BETWEEN THE PARTIES DID NOT RELATE TO THE SPECIFIC ISSUE OF ACCESS TO DESIGN AND IMPLEMENT THE REMEDY.

Defendants (3)

• BRODERICK INVESTMENT COMPANYNamed in complaint
• COLORADO NATIONAL BANK, TRUSTEENamed in complaint
• IST INTERSTATE BANK OF DENVER, TRUSTEENamed in complaint

Facilities (1)

• BRODERICK INVESTMENTS CO

  287 CENTURY CIRCLE, LOUISVILLE, CO, 80027

  Registry ID: 110012141379

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Timeline (6 milestones)

• 1989-01-13Referred To Dept Of Justice
• 1989-03-10Enforcement Action Data Entered
• 1989-03-15Referred TO U.S. Attorney
• 1989-03-17Complaint Filed With Court
• 1989-03-27Concluded
• 1989-03-27Enforcement Action Closed