EPA v. COLORADO & EASTERN RAILROAD CO/WOODBURY SITE

Case summary

REGION VIII HAS REFERRED AN ACTION UNDER SECTION 106(A) AND 107(A) OF CERCLA FOR INJUNCTIVE RELIEF TO REQUIRE RES- PONSIBLE PARTIES TO ABATE AN IMMINENT AND SUBSTANTIAL EN- DANGERMENT AND TO RECOVER APPROXIMATELY $936,208.07 IN PAST RESPONSE COSTS AND ANY FUTURE COSTS INCURRED IN CONNECTION WITH THE WOODBURY CHEMICAL SITE IN COMMERCE CITY, COLORADO. THE SITE IS A NATIONAL PRIORITIES LIST SITE. THE CONTAM- INATION RESULTED FROM A FIRE IN 1965 WHICH DESTROYED THE WOODBURY CHEMICAL COMPANY PESTICIDE FORMULATION FACILITY AND WAS FOLLOWED BY DISPOSAL OF CONTAMINATED DEBRIS AND RUBBLE FROM THE FIRE ON ADJACENT LOCATIONS AT THE SITE. EPA HAS CONDUCTED A NUMBER OF RESPONSE ACTIVITIES AT THE SITE, INCLUDING PERFORMING AN RI/FS AND PREPARING A ROD. EPA IS SEEKING INJUNCTIVE RELIEF AND RECOVERY OF PAST AND FUTURE COSTS FROM MCKESSON CORPORATION, FARMLAND INDUSTRIES, INC., COLORADO AND EASTERN RAILROAD COMPANY, AND MAYTAG CORPORATION.

Defendants (5)

• COLORADO & EASTERN RAILROAD COMPANYNamed in complaintNamed in settlement
• DOW CHEMICAL COMPANY
• FARMLAND INDUSTRIES, INC.Named in complaintNamed in settlement
• MAYTAG CORPORATIONNamed in complaintNamed in settlement
• MCKESSON CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• WOODBURY CHEMICAL CO.

  5400 JACKSON ST, COMMERCE CITY, CO, 80022

  Registry ID: 110009270966

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• COLORADO & EASTERN RAILROADentered 1992-04-20

  Primary law: CERCLA

• FARMLAND INDUSTRIES, INC.;entered 1990-09-07

  Primary law: CERCLA

• MAYTAG CORPORATIONentered 1990-03-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-06Enforcement Action Data Entered
• 1989-09-06Referred To Dept Of Justice
• 1989-10-12Complaint Filed With Court
• 1992-04-20Final Order Lodged
• 1992-04-20Final Order Entered
• 1992-04-20Concluded
• 2001-08-17Enforcement Action Closed