Liability - Government

This category includes documents that discuss government liability at Superfund sites.

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The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400K)

Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018 - (6/15/20) Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments. https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions (PDF 448K)

Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections - (9/21/11) Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in the Superfund statute. https://www.epa.gov/enforcement/guidance-affiliation-language-cerclas-bfpp-and-cpo-liability-protections (PDF 180 K)

Interim Guidance on the Municipal Solid Waste Exemption Under CERCLA Section 107(p) - (8/20/03) This interim guidance discusses CERCLA section 107(p) and identifies some factors EPA and DOJ will consider in exercising enforcement discretion with MSW generators at NPL sites. Supplements the 12/6/1989 and 2/5/1998 municipal settlement policy documents. https://www.epa.gov/enforcement/interim-guidance-municipal-solid-waste-exemption-under-superfund (PDF 1,334K)

Policy on Interpreting CERCLA Provisions Addressing Lenders and Involuntary Acquisitions by Government Entities - (6/30/97) The memorandum transmits EPA's policy for interpreting CERCLA provisions that address (1) lenders and (2) government entities that acquire property involuntarily. https://www.epa.gov/enforcement/guidance-lenders-and-involuntary-acquisitions-government-entities (PDF 17 K)

Fact Sheet: The Effect of Superfund on Involuntary Acquisitions of Contaminated Property by Government Entities - (12/31/95) Summarizes EPA's policy on Superfund enforcement against gov't entities that involuntarily acquire contaminated property. Also describes some types of gov't. actions that EPA believes qualify for a liability exemption or a defense to Superfund liability https://www.epa.gov/enforcement/fact-sheet-effect-superfund-involuntary-acquisitions-contaminated-property-government (PDF 206 K)

Municipal Immunity from CERCLA Liability for Property Acquired through Involuntary State Action - (10/20/95) Memorandum sets forth EPA and DOJ policy regarding the government's enforcement of CERCLA against lenders and against government entities that acquire property involuntarily. https://www.epa.gov/enforcement/guidance-municipal-immunity-cercla-liability-property-acquired-through-involuntary-state (PDF 279 KB)

Model Informational Notice Letter to Local Governments - (5/7/91) Provides information to municipalities and other local governments about EPA's activities at a Superfund site. https://www.epa.gov/enforcement/model-informational-notice-letter-local-governments (PDF 245 K)

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