Contribution

This category includes guidance under which parties conducting Superfund cleanups may legally pursue other parties who contributed to the contamination to share the costs of cleanup.

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PFAS Enforcement Discretion and Settlement Policy Under CERCLA - (4/19/24) Memorandum provides direction about how the EPA will exercise its enforcement discretion under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in matters involving per- and polyfluoroalkyl substances (PFAS). https://www.epa.gov/enforcement/pfas-enforcement-discretion-and-settlement-policy-under-cercla (PDF 375K)

Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models - (9/26/14) Transmittal memorandum revises, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo” and announces issuance of 13 revised CERCLA judicial and administrative settlement models and two documents containing ability to pay inserts for the de minimis contributor models. https://www.epa.gov/enforcement/guidance-revisions-2009-arc-memo-and-issuance-cercla-payment-models (PDF 382K)

Interim Revisions to CERCLA Judicial and Administrative Settlement Models to Clarify Contribution Rights and Protection from Claims Following the Aviall and Atlantic Research Corporation Decisions - (3/16/09) Memorandum issuing interim revisions to the judicial and administrative settlement models issued under CERCLA to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions. https://www.epa.gov/enforcement/model-interim-revisions-superfund-settlement-models-clarify-contribution-rights-and (PDF 84 K)

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. https://www.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. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=632 (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. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=427 (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. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=428 (PDF 43 K)

Sample General Notice Letter - (4/30/08) Sample model general notice letter to potentially responsible parties. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=394 (PDF 51 K)

Revised Settlement Policy and Contribution Waiver Language Regarding Exempt De Micromis and Non-Exempt De Micromis Parties - (11/6/02) Memo transmits revised policy & model contribution waiver language re new Small Business Liability Relief and Brownfields Revitalization Act. Includes 5 attachments of model language. https://www.epa.gov/enforcement/guidance-settlement-policy-contribution-waiver-language-regarding-de-micromis-parties (PDF 480 KB)

Defining Matters Addressed in CERCLA Settlements - (3/14/97) Memorandum describes the principles applied in defining "matters addressed" and the application of these principles to the most common types of CERCLA settlements. https://www.epa.gov/enforcement/guidance-defining-matters-addressed-cercla-settlements (PDF 28 K)

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