EPA v. COLORADO & EASTERN RAILROAD COMPANY, INC.

Case summary

ON APRIL 20, 1992, THE COURT ENTERED A CONSENT DECREE BETWEEN THE UNITED STATES ON BEHALF OF THE EPA AND THE COLORADO & EASTERN RAILROAD COMPANY, INC. THAT PROVIDED FOR PAYMENT OF $100,000 BY CERC FOR PAST CLEAN UP COSTS PERTAINING TO THE WOODBURY CHEMICAL SITE. TWO PREVIOUS CONSENT DECREES HAD BEEN SIGNED BY DEFENDANTS MCKESSON CORPORATION AND FARMLAND INDUSTRIES, INC., PROVIDING FOR REIMBURSEMENT OF $700,000 IN PAST COSTS AND FOR THE CONDUCT OF THE REMEDY FOR THE SITE. A SECOND CONSENT DECREE WITH MAYTAG CORPORATION PROVIDED FOR REIMBURSEMENT OF $100,000 OF PAST COSTS. THE THREE SETTLEMENTS TOGETHER PROVIDE FOR 100% RECOVERY OF PAST COSTS AND THE CONDUCT OF THE RD/RA WORK. THE CLEAN-UP HAS BEEN COMPLETED AND EPA IS CURRENTLY PREPARING THE NOTICE OF INTENT TO DELETE THE SITE FROM THE NPL. THE CONSENT DECREE WITH CERC PROVIDES FOR PAYMENT OF $100,000 WITHIN THIRTY DAYS AFTER ENTRY OF THE CONSENT DECREE. CERC HAS BEEN GIVEN EVERY OPPORTUNITY TO RECTIFY ITS NON-COMPLIANCE WITH THE CONSENT DECREE. ON 08/04/92, THE UNITED STATES DEMANDED PAYMENT OF $101,374.56 (PAYMENT PLUS INTEREST). DESPITE SEVERAL FURTHER TELEPHONE CONVERSATIONS WITH CERC'S COUNSEL, CERC HAS NOT PAID THE AMOUNT OWING AND HAS REPRESENTED THAT CERC DOES NOT INTEND TO PAY IN THE FORESEEABLE FUTURE. BY THIS REFERRAL, THE REGION IS REQUESTING THAT THE U.S. DEPARTMENT OF JUSTICE BRING A JUDICIAL ACTION TO ENFORCE THE CONSENT DECREE 6IGNED BY COLORADO & EASTERN RAILROAD (CERC) FOR PAYMENT OF PAST COSTS FOR THE CLEAN UP OF WOODBURY CHEMICAL SUPERFUND SITE, LOCATED IN COMMERCE CITY, COLORADO.

Defendants (1)

• COLORADO & EASTERN RAILROAD COMPANY, INCNamed in complaintNamed in settlement

Facilities (1)

• WOODBURY CHEMICAL CO.

  5400 JACKSON ST, COMMERCE CITY, CO, 80022

  Registry ID: 110009270966

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• U.S. V COLORADO & EASTERN RAILROADentered 1993-06-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-05-20Enforcement Action Data Entered
• 1992-12-02Referred To Dept Of Justice
• 1993-06-02Complaint Filed With Court
• 1993-06-02Final Order Entered
• 1993-06-02Final Order Lodged
• 2018-06-07Enforcement Action Closed