Enforcement

Superfund Cleanup Subject Listing

Notice/Demand Letters

This category includes guidance documents and model notice and demand letters used by EPA to investigate parties associated with a Superfund site who may be liable for the costs of remedying the release or threat of release of hazardous substances.

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Small Business Resources Information Sheet - (5/1/15)
Document provides an array of resources, including workshops, training sessions, hotlines, websites and guides, to help small businesses understand and comply with federal and state environmental laws. EPA's policy and practice is to include the information sheet to every small business at the time EPA has initial enforcement contact with a small business, including Superfund general and special notice letters and cost recovery demand letters.
http://www2.epa.gov/compliance/small-business-resources-information-sheet
CERCLA Notice/Demand Sample Letters - (12/23/14)
CERCLA notice/demand sample letter documents available in Word format are available from the Cleanup Enforcement Model Language and Sample Documents Database. Select the notice/demand letters link within the database to access each of the sample documents.
http://cfpub.epa.gov/compliance/models/
Interim Revisions to CERCLA Notice Letters and Update of Superfund and Small Waste Contributors Brochure to Notify Potential Settlors about Atlantic Research Corporation Decision - (4/30/08)
Transmittal memorandum and six model documents and a brochure regarding contribution claims afforded by de minimis settlements after the Supreme Court's decision in Atlantice Research Corporation.
http://www2.epa.gov/enforcement/guidance-update-superfund-notice-letters-and-small-waste-contributors-brochure-based-arc (PDF 252 K)
Model Notice of Eligibility to Receive a De Minimis Party Settlement - (4/30/08)
Model notice letter regarding eligibility to receive a de minimis party settlement.
http://www2.epa.gov/enforcement/model-notice-eligibility-receive-de-minimis-party-settlement (PDF 46 K)
Model Notice Approving Reduction in Settlement Amount Based on Inability to Pay - (4/30/08)
Model notice letter regarding approving reduction in settlement amount based on inability to pay.
http://www2.epa.gov/enforcement/model-notice-approving-reduction-settlement-amount-based-inability-pay (PDF 48 K)
Model Notice Denying Reduction in Settlement Amount Based on Inability to Pay - (4/30/08)
Model notice letter regarding denying reduction in settlement amount based on inability to pay.
http://www2.epa.gov/enforcement/model-notice-denying-reduction-settlement-amount-based-inability-pay (PDF 43 K)
Sample General Notice Letter - (4/30/08)
Sample model general notice letter to potentially responsible parties.
http://cfpub.epa.gov/compliance/models/view.cfm?model_ID=394 (PDF 51 K)
Sample General Notice Letter for a Site at which the Superfund Alternative Approach may be Used - (4/30/08)
Sample model general notice letter for use at a site that may use the Superfund alternative approach.
http://cfpub.epa.gov/compliance/models/view.cfm?model_ID=652 (PDF 57 K)
Windfall Lien Administrative Procedures - (1/8/08)
Transmittal memorandum and attachments addressing implementation of section 107(r) of Superfund, the windfall lien provision on property acquired by a bona fide prospective purchaser.
http://www2.epa.gov/enforcement/guidance-windfall-lien-administrative-procedures-107r-lien-and-model-letter-providing (PDF 921 K)
Model Notice of Intent to File a Windfall Lien Letter - (1/8/08)
Model notice of intent to file a windfall lien letter (attachment to Windfall lien administrative procedures memorandum).
http://www2.epa.gov/enforcement/model-notice-intent-file-windfall-lien-letter (PDF 89 K)
Model Notice of Ineligibility to Receive a De Minimis Party Settlement - (5/17/04)
Attachment C to Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA 122(g) by the 2002 Brownfields Amendments
http://www2.epa.gov/enforcement/model-notice-ineligibility-receive-de-minimis-party-settlement (PDF 24 K)
Sample Demand Letter - (3/29/04)
Sample model letter - demand for reimbursement of costs expended at a Superfund site available to download in Word from cleanup enforcement models database.
http://cfpub.epa.gov/compliance/models/view.cfm?model_ID=392 (PDF 35 K)
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.
http://www2.epa.gov/enforcement/model-informational-notice-letter-local-governments (PDF 245 K)
Written Demand for Recovery of Costs Incurred Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - (3/21/91)
Regions are responsible for documenting costs, issuing written demands for those costs, and pursuing parties that do not reimburse EPA. OSWER No. 9832.18
http://www2.epa.gov/enforcement/guidance-written-demand-superfund-cost-recovery (PDF 1085KB)
Transmittal of Model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions - (8/29/90)
Transmittal memorandum and model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions. OSWER No. 9834.14.
http://www2.epa.gov/enforcement/model-cercla-section-104e-information-request-enforcement-actions-consent-decree (PDF 445 BK)
Releasing Information to Potentially Responsible Parties at CERCLA Sites - (3/1/90)
Memorandum addresses releasing information to potentially responsible parties at sites being addressed under CERCLA for the purpose of facilitating settlement. OSWER Dir. No. 9835.12
http://www2.epa.gov/enforcement/guidance-releasing-information-prps-cercla-sites (PDF 228K)
Interim Guidance on Notice Letters, Negotiations, and Information Exchange - (10/19/87)
Memorandum re-emphasizes the importance of timely issuance of notice letters and the exchange of information between EPA and PRPs.
http://www2.epa.gov/enforcement/interim-guidance-notice-letters-negotiations-and-information-exchange (PDF 3061KB)
Policy for Enforcement Actions against Transporters under CERCLA - (12/23/85)
Policy for Enforcement Actions against Transporters under CERCLA. OSWER Dir. No. 9829.0
http://www2.epa.gov/enforcement/guidance-enforcement-actions-against-transporters-under-cercla (PDF 272 K)

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