The United States of America (?United States?), on behalf of the Administrator of the United States Environmental Protection Agency (?EPA?), and the State of Colorado (?State?), on behalf of the Colorado Department of Public Health and the Environment (?CDPHE?), filed a complaint in this matter pursuant to Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act (?CERCLA?), 42 U.S.C. ? 9607, seeking reimbursement of response costs incurred or to be incurred for response actions taken or to be taken at or in connection with the release or threatened release of hazardous substances at the Nelson Tunnel/Commodore Waste Rock Pile Superfund Site located on West Willow Creek approximately one mile upstream of the City of Creede in Mineral County, Colorado (the
?Site?). In response to the release or threatened release of hazardous substances at or from the Site, including the erosion of mine waste from the Commodore Waste Rock Pile and the discharge of contaminated water from the Nelson Tunnel, EPA and CDPHE undertook response actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. ? 9604, and will undertake additional response actions in the future. In performing response actions at the Site, EPA and CDPHE incurred response costs and will incur additional response costs in the future.