Orders-consent

This category covers Administrative Orders on Consent (AOCs) and other administrative agreements issued by EPA, which are consensual, negotiated agreements pursuant to sections 104, 106(a), 107, and 122 of CERCLA, that obligate parties to perform response activity (e.g., removal, remedial investigation, feasibility study, remedial design) and/or reimburse EPA for costs incurred under Superfund.

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Agreement with Third-Parties to Support the Cleanup and Reuse at Sites on the Superfund National Priorities List - (4/17/18) Memorandum encourages Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List. https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites (PDF 1201K)

Issuance of Revised Model Consent Order and New Model Unilateral Order for Remedial Investigation/Feasibility Study and Updated Financial Assurance and Insurance Language for All CERCLA Response Action Settlements and Unilateral Administrat - (9/29/16) Memorandum transmitting the revised RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents related to financial assurance and insurance. The 2016 model RI/FS ASAOC is superseded by the 2022 model RI/FS ASAOC. https://www.epa.gov/enforcement/guidance-2016-rifs-asaoc-and-uao (PDF 96K)

Consideration of Greener Cleanup Activities in the Superfund Cleanup Process - (8/2/16) Jointly issued memorandum recommends approaches for "greener cleanup activities" when evaluating remedial and removal activities and other activities designed to reduce or mitigate potential environmental impacts when implementing response actions under CERCLA. http://semspub.epa.gov/src/document/11/100000160 (PDF 3,595K)

Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders - (4/6/15) Memorandum transmits guidance, model language, and sample documents that address financial assurance requirements in Superfund cleanup settlement agreements and unilateral administrative orders. https://www.epa.gov/enforcement/guidance-financial-assurance-superfund-settlements-and-orders (PDF 498K)

CERCLA Financial Assurance Sample Documents-Orders - (4/6/15) Access to six sample CERCLA financial assurance documents for use in connection with unilateral administrative orders: (1) trust agreement, (2) guarantee agreement, (3) financial test sample letters, (4) payment bond, (5) performance bond, and (6) letter of credit, are available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database. Select the financial assurance-orders link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/

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)

Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06) Memorandum provides additional guidance on the prepayment of oversight costs discussed in the October 4, 2002 "Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts" ("Consolidated Guidance"). Attaches sample settlement language for the prepayment of oversight costs. https://www.epa.gov/enforcement/guidance-prepayment-oversight-costs-and-special-accounts (PDF 116 K)

Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser - (11/27/06) Transmittal memorandum and CERCLA model agreement and order on consent for removal action by a bona fide prospective purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 242 K)

CERCLA Model Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser - (11/27/06) CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 201 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)

Issuance of Revised Model CERCLA Section 122(g)(4) De Minimis Contributor Consent Decree and Administrative Order on Consent and New Model Ability to Pay Provisions for Use in De Minimis Settlements (Cover Memo and All Attachments) - (8/12/03) Cover memorandum and four attachments containing model language for de minimis settlement consent decrees and/or administrative orders and ability to pay provisions in de minimis settlements for ability to pay and non-ability to pay parties. https://www.epa.gov/enforcement/issuance-revised-model-cercla-section-122g4-de-minimis-contributor-consent-decree-and (PDF 814 K)

CERCLA Future Response Costs: Settlement, Billing and Collection - (6/20/02) This memorandum addresses some of the most common issues that arise with the billing and collection of future response costs. https://www.epa.gov/enforcement/guidance-cercla-future-response-costs-settlement-billing-and-collection (PDF 189 K)

Use of CERCLA 106 to Address Endangerments That May Also be Addressed Under Other Environmental Statutes - (1/18/01) This memo discusses the use of CERCLA 106 to address imminent and substantial endangerments that may also be addressed by other crose-media situations. https://www.epa.gov/enforcement/guidance-using-cercla-section-106-address-cross-media-ise-situations (PDF 1500 K)

MOU EPA, Coast Guard, Dept. of Commerce, Dept. of the Interior, Dept. of Agriculture, Dept. of Defense, Dept. of Energy, and Dept. of Justice re: the exercise of authority under Section 106 of the CERCLA - (2/10/98) MOU regarding the exercise of authority under Section 106 of CERCLA. https://www.epa.gov/enforcement/agreement-exercise-superfund-section-106-authority-between-federal-partners (PDF 61KB)

Issuance of the Interim Policy on Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 107(c)(3) Punitive Damages Claims for Noncompliance with Administrative Orders - (9/30/97) Transmittal memorandum and interim policy for settling CERCLA section 106(b)(1) civil penalty and section 107(c)(3) punitive damages claims for noncompliance with administrative orders (AOs). https://www.epa.gov/enforcement/interim-guidance-settling-civil-penalty-and-punitive-damage-claims-noncompliance (PDF 1317 K)

Consent Orders and the Reimbursement Provision Under Section 106(b) of CERCLA - (6/12/87) Memorandum provides guidance on EPA consent agreements with PRP under Section 106 of CERCLA, that the consent agreement should include a provision which prevents PRP from receiving reimbursement for response actions. OSWER No. 9833.2. https://www.epa.gov/enforcement/guidance-superfund-section-106b-consent-orders-and-reimbursement (PDF 137KB)

Issuance of Administrative Orders for Immediate Removal Actions - (2/21/84) Sets forth guidance on issuing administrative orders for immediate removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuing-administrative-orders-immediate-removal-actions (PDF 692 KB)

Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA - (9/8/83) Guidance Memorandum on Use and Issuance of Administrative Orders Under Section 106(a) of CERCLA, OSWER Dir. No. 9833.0. Superseded in part by 3/7/90 guidance on CERCLA 106(a) UAO for RD/RA. https://www.epa.gov/enforcement/guidance-using-and-issuing-superfund-section-106a-administrative-orders (PDF 1,154K)

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