Orders-unilateral

This category covers guidance and model documents for unilaterally issued administrative orders (UAOs) issued by EPA under CERCLA section 106(a) to compel a party to conduct cleanup studies or work (e.g., remedial design, remedial action, removal, remedial investigation, feasibility studies), or under section 104(e)(5)(A) to compel a party to provide access to a site or information.

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Issuance of Revised EPA Model Unilateral Administrative Order Directing Compliance with Request for Access - (9/30/20) Memorandum transmits the revised Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Model Unilateral Administrative Order Directing Compliance With Request For Access (“Model Access UAO”). https://www.epa.gov/enforcement/issuance-2020-model-access-uao (PDF 178K)

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 The 2016 model RI/FS ASAOC is superseded by the 2022 model RI/FS ASAOC.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)

Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work - (9/30/15) Transmittal memorandum announcing the issuance of the revised model RD/RA Unilateral Administrative Order (UAO) and the new model RD/RA UAO Statement of Work (SOW). The transmittal memorandum also announces updates to the RD/RA Consent Decree (CD) SOW, originally issued on 9/29/14, to conform to the new UAO SOW. https://www.epa.gov/enforcement/guidance-2015-cercla-rdra-uao-and-sow

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent and Unilateral Administrative Order for for Removal Actions - (9/30/15) Memorandum transmits two revised model language documents for removal actions under CERCLA. https://www.epa.gov/enforcement/guidance-issuance-2015-removal-uao-and-asaoc-models

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/

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)

Negotiation and Enforcement Strategies to Achieve Timely Settlement and Implementation of Remedial Design/Remedial Action at Superfund Sites - (6/17/99) Memorandum recommends strategies that can be used to encourage PRPs to enter into a settlement using the model remedial design/remedial action (RD/RA) consent decree and discusses the current model language unilateral administrative order (UAO). Also suggests practical alternatives to expedite Superfund settlements and the cleanup process. https://www.epa.gov/enforcement/guidance-strategies-achieve-timely-settlement-and-implementation-rdra-superfund-sites (PDF 50 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)

Documentation of Reason(s) for not Issuing CERCLA Section 106 UAOs to all Identified PRPs - (8/2/96) Purpose is to establish procedures that will ensure that Regional staff document their reason(s) for proposing that certain PRP be excluded from CERCLA 106 unilateral administrative orders to be issued https://www.epa.gov/enforcement/guidance-documenting-reason-not-issuing-uaos-all-identified-prps (PDF 526KB)

Model Administrative Order for CERCLA Information Requests - (9/30/94) Transmittal memorandum and model Administrative Order for CERCLA Information Requests. https://www.epa.gov/enforcement/guidance-model-cercla-section-104e5a-administrative-order-information-collection (PDF 632 K)

Evaluation of, and Additional Guidance on, Issuance of Unilateral Administrative Orders (UAOs) for RD/RA - (6/20/91) Memorandum presents results of evaluation of the selection process EPA uses in issuing UAOs to Potentially Responsible Parties (PRPs) for RD/RA under CERCLA. OSWER Dir. 9833.2c https://www.epa.gov/enforcement/guidance-issuing-uaos-rdra-evaluation-and-guidance (PDF 314 K)

Guidance on CERCLA Section 106(a) Unilateral Administrative Orders for Remedial Designs and Remedial Actions - (3/7/90) Guidance encourages use of CERCLA 106(a) unilateral administrative orders for remedial designs and remedial actions. OSWER Dir. No. 9833.0-1a. https://www.epa.gov/enforcement/guidance-cercla-section-106a-uaos-rdras (PDF 1830 KB)

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)

Guidelines for Using the Imminent Hazard, Enforcement and Emergency Response Authorities of Superfund and Other Statutes - (5/13/82) Policy statement provides a general description of how response actions undertaken pursuant to CERCLA 104 will be coordinated with the use of enforcement authorities available to EPA and DOJ. https://www.epa.gov/enforcement/using-imminent-hazard-enforcement-and-emergency-response-authorities-cercla-and-other (PDF 3406K)

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