[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Notices]
[Page 27990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13006]



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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with 42 U.S.C. 9622(d)(2) and 6973(d), and 
Departmental policy, 28 C.F.R. 50.7, notice is hereby given that a 
proposed consent decree in United States v. Broderick Investment 
Company, et al., Civil Action No. 86-Z-369, was lodged on May 22, 1995 
with the United States District Court for the District of Colorado.
    The settlement concerns the Broderick NPL Superfund Site north of 
Denver, Colorado. The predecessor of the owner of the Site operated a 
wood treatment plant where wood was treated with creosote, 
pentachlorophenol, and other hazardous substances. Process wastes and 
associated sludges were disposed of in impoundments or on the ground at 
the Site, contaminating soils and groundwater. Pursuant to an earlier 
partial consent decree, defendants conducted a remedial investigation/
feasibility study and EPA completed some of the remedial action at the 
Site. By the terms of this consent decree, settling defendants 
(Broderick Investment Company and Tom H. Connolly as trustee for those 
trusts associated with Broderick Investment) will perform all remaining 
remedial action at the Site and pay EPA's oversight and related future 
response costs at the Site. Settling defendants, along with the former 
trustees of the Broderick Investment Company trusts (Colorado National 
Bank of Denver, N.A. and First Interstate Bank of Denver, N.A.) will 
reimburse the United States $10.7 million for past response costs 
incurred at the Site. In return, settling defendants will receive 
certain covenants not to sue under Sections 106 and 107 of CERCLA, 42 
U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. 6973.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, DC 20530, and should refer to United 
States v. Broderick Investment Company, et al., DOJ REf. #90-7-1-254. 
Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 1961 Stout Street, Suite 1200, Federal 
Building, Denver, Colorado 80294; the Region VIII Office of the 
Environmental Protection Agency, 999 18th Street, Suite 700 South, 
Denver, Colorado 80202; and at the Consent Decree Library, 1120 G 
Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of 
the proposed consent decree may be obtained in person or by mail from 
the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, 
DC 20005. In requesting a copy please refer to the referenced case and 
enclose a check in the amount of $23.00 (25 cents per page reproduction 
costs), payable to the Consent Decree Library.
Joel M. Groos,
Acting Chief, Environment and Natural Resources Division, Environmental 
Enforcement Section.
[FR Doc. 95-13006 Filed 5-25-95; 8:45 am]
BILLING CODE 4410-01-M