Municipal Solid Waste/ Municipal Sewage Sludge (MSW/MSS)

This category includes guidance on CERCLA settlements involving municipal solid waste and municipal sewage sludge.

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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 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)

Transmittal of Policy for Municipality and Municipal Solid Waste CERCLA Settlements at NPL Co-Disposal Sites - (2/5/98) Transmittal memorandum and policy supplementing the 9/30/89 Interim Policy on CERCLA Settlements Involving Municipalities and Municipal Wastes. 1998 MSW Policy states that EPA will continue its policy of generally not identifying generators and transporters of MSW as PRPs at NPL sites. https://www.epa.gov/enforcement/guidance-policy-municipality-and-msw-cercla-settlements-npl-co-disposal-sites (PDF 30KB)

Transmittal of Interim Policy on CERCLA Settlements Involving Municipalities and Municipal Wastes (Interim Municipal Settlement Policy) - (12/6/89) Transmittal memorandum contains cover memo, fact sheet, and interim guidance regarding settlements involving municipalities or municipal waste under Section 122 CERCLA as amended by SARA. https://www.epa.gov/enforcement/guidance-interim-municipal-settlement-policy (PDF 827K)

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