EPA v. BRODERICK WOOD PRODUCTS SITE (BN)

Case summary

05/11/92: THIS CASE WAS REFERRED EARLIER IN 1985 OR 1986 FO RA RI/FS SETTLEMENT. THE COMPLAINT FILED AT THAT TIME LISTED BRODERICK INVESTMENT COMPANY, COLORADO NATIONAL BANK (TRUSTEE), AND FIRST INTERSTATE BANK (TRUSTEE) AS DEFENDANTS AND LISTED CERCLA 106 AND 107, AND RCRA 7003 AS CAUSES OF ACTION. A PARTIAL CONSENT DECREE ENTERED IN CONJUNCTION WITH THE 86 COMPLAINT STAYED LITIGATION AND DISCOVERY UNTIL THE RI/FS WAS COMPLETED, EPA HAD CHOSEN A REMEDY, AND THE PARTIES TO THE PARTIAL CONSENT DECREE HAD NEGOTIATED IMPLEMENTATION OF THE CHOSEN REMEDY. ALL THREE OF THOSE CONDITIONS HAVE BEEN MET. THIS PRE-REFERRAL CONCERNS AMENDING THIS COMPLAINT AFTER THE STAY IS LIFTED. THE AMENDMENTS ARE AS FOLLOWS: REMOVE THE CERCLA 106 AND RCRA 7003 COUNT FROM THE COMPLAINT AND ADD A CERCLA 113G2 COUNT. IN ADDITION, THE REGION WILL REFER BURLINGTON NORTHERN TO JUSTICE AS AN ADDITIONAL PRP TO BE ADDED TO THE COMPLAINT AS A DEFENDANT. SEE 08-83-0006 AND 08-86-C101

Defendants (4)

• BRODERICK INVESTMENT COMPANY (BN)Named in complaintNamed in settlement
• BURLINGTON NORTHERN RAILROAD COMPANYNamed in complaintNamed in settlement
• CONNOLLY, TOM H. (TRUSTEE)Named in complaintNamed in settlement
• FIRST INTERSTATE BANK (TRUSTEE)Named in complaintNamed in settlement

Facilities (1)

• BRODERICK INVESTMENTS CO

  287 CENTURY CIRCLE, LOUISVILLE, CO, 80027

  Registry ID: 110012141379

Statutes cited

• CERCLA 113G2 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• BRODERICK INVESTMENT COentered 2001-04-18

  Primary law: CERCLA

• BURLINGTON NORTHERN RAILROAD CO.entered 2001-04-18

  Primary law: CERCLA

Timeline (6 milestones)

• 1990-09-09Enforcement Action Data Entered
• 1992-05-19Referred To Dept Of Justice
• 1992-07-15Complaint Filed With Court
• 2001-01-18Final Order Lodged
• 2001-04-18Final Order Entered
• 2001-04-18Concluded