# COLORADO & EASTERN RAILROAD COMPANY, INC.
> **Judicial** · FY1993 · — · Final Order No Penalty
## Case
- **Activity ID:** `49581`
- **Case Number:** 08-1993-0135
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- COLORADO & EASTERN RAILROAD COMPANY, INC (complaint) (settlement)
## 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 T

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*Source: [EPA ECHO](https://echo.epa.gov/) · MORVS · CC0 1.0*