NOTICE AND OPPORTUNITY FOR PUBLIC COMMENT ON LODGING OF AMENDMENT TO PERFORMING PARTIES CONSENT DECREE – COLORADO NATURAL RESOURCES RELATED TO LOWRY LANDFILL
On June 6, 2022, the State of Colorado (the “State”) lodged a Proposed Amendment to the Performing Parties Consent Decree (“Proposed Amendment”) with the United States District Court for the District of Colorado in the lawsuit entitled State of Colorado v. The City and County of Denver, Waste Management of Colorado, Inc., and Chemical Waste Management, Inc., et al., Civil Action No. 1:10-CV-01303-JLK.
The public may comment on the Proposed Amendment through July 7, 2022 via the process described below.
The original Performing Parties Consent Decree between the State, the City and County of Denver, and Waste Management of Colorado, Inc./Chemical Waste Management, Inc. was entered on October 25, 2010 and resolved issues related to the State’s injured natural resources at the Lowry Landfill.
The Proposed Amendment removes the requirement that settlement funds only be used to establish or supplement an existing revolving loan fund or funds that will provide no- or low-interest loans to households with a demonstrated financial need for certain projects to improve water quality in certain areas. Instead, the Proposed Amendment allows the remaining settlement funds to be used to fund projects to improve and restore water quality in the South Platte River in Denver and Arapahoe Counties, or if necessary, in other areas of Denver and Arapahoe Counties.
Publication of this notice opens a period for public comment, as required by Section 122(d)(2)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Comments may be submitted by U.S. Mail or by email. To submit comments by email, send them to: NRDpubliccomments@coag.gov. To submit comments by U.S. Mail, send them to:
Colorado Natural Resource Damages Trustees
c/o Colorado Office of the Attorney General
Natural Resources and Environment Section
Hazardous & Solid Waste / CERCLA Unit
Denver, CO 80203
During the public comment period, the Proposed Amendment may be reviewed and downloaded here. A paper copy of the Proposed Amendment will be provided upon written request sent to the email address or mailing address set out above for submitting comments.
After the close of the comment period, the State will present all comments received to the court. The court will consider the comments and any response and then decide whether to approve the Amendment to Performing Parties Consent Decree as proposed.