# BRODERICK INVESTMENT COMPANY
> **Judicial** · FY1989 · — · Combined With Another Case(s)
## Case
- **Activity ID:** `48335`
- **Case Number:** 08-1989-0044
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Combined With Another Case(s)
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BRODERICK INVESTMENT COMPANY (complaint)
- COLORADO NATIONAL BANK, TRUSTEE (complaint)
- IST INTERSTATE BANK OF DENVER, TRUSTEE (complaint)
## Summary

DEFENDANTS HAVE BEEN PERFORMING AN RI/FS AT THE         BWP SUPERFUND SITE PURSUANT TO A CONSENT DECREE APPROVED     BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO      ON MAY 21, 1986.  THE CONSENT DECREE GRANTS EPA ACCESS FOR   OVERSIGHT OF THE RI/FS.  ON JUNE 30, 1988, EPA ISSUED A      RECORD OF DECISION ( ROD ) WHICH SELECTED A FIRST OPERABLE   UNIT REMEDY FOR THE SITE.  DEFENDANTS DECLINED TO PERFORM    THE REMEDY (EXCEPT FOR FENCING), AND EPA DECIDED TO PERFORM  THE REMEDY ITSELF.                                                EPA ENTERED INTO AN INTERAGENCY AGREEMENT WITH THE      ARMY CORPS OF ENGINEERS TO DESIGN THE REMEDY, AND THE CORPS  WILL PROBABLY BE ASKED TO IMPLEMENT THE REMEDY AS WELL.  IN  ORDER TO DESIGN, IMPLEMENT, AND MAINTAIN THE REMEDY, EPA     AND THE CORPS NEED ACCESS TO THE BRODERICK SITE.  BRODERICK  INVESTMENT COMPANY, THE OWNER, HAS REFUSED TO PROVIDE        ACCESS.  AS A RESULT, EPA HAS REFERRED THE MATTER TO THE     DEPARTMENT OF JUSTICE TO OBTAIN ACCESS FOR EPA AND ITS AU-   THORIZED REPRESENTATIVES.                                         THE DEPARTMENT OF JUSTICE WILL FILE PLEADINGS WITH THE  U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO SEEKING AN  IMMEDIATE JURISDICTION OVER THE DISPUTE BETWEEN THE PARTIES  TO THE CONSENT DECREE, THE DEPARTMENT OF JUSTICE PLANS TO    FILE A MOTION IN THE CONSENT DECREE ACTION.  HOWEVER, THE    ORIGINAL DISPUTE BETWEEN THE PARTIES DID NOT RELATE TO THE   SPECIFIC ISSUE OF ACCESS TO DESIGN AND IM

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