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

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