Cleanup Enforcement Model Language and Sample Documents
The model documents listed below are the principal cleanup enforcement instruments used by EPA and DOJ under authority of the (1) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for removal and remedial activity at Superfund sites and the (2) Resource Conservation and Recovery Act (RCRA) for corrective action work at RCRA facilities. The cleanup enforcement settlement instrument negotiated with potentially responsible parties (PRPs) and prospective purchasers and lessees address work activity (investigation and design, removal, and remedial), payment (past and future costs), and access. Each enforcement instrument information page includes links to relevant policy and guidance and, if applicable, revision history to the model after its issue date.
Comprehensive Environmental Response, Compensation, and Liability Act
Access
Cash Payment (Cashout)
- Notice Denying Reduction in Settlement Amount Based on Inability to Pay
- Past Cost Agreement
- Past Cost CD (CERCLA § 107)
- Peripheral Party Cashout ATP Agreement (CERCLA § 122(h)(1) and AG Authority)
- Peripheral Party Cashout ATP CD (CERCLA § 107)
- Peripheral Party Cashout non-ATP Agreement (CERCLA § 122(h)(1) and AG Authority)
- Peripheral Party Cashout non-ATP CD (CERCLA § 107)
- Notice Approving Reduction in Settlement Amount Based on Ability to Pay
- Notice of Eligibility to Receive a De Minimis Party Settlement
Prospective Purchaser Agreements
Removal
- Removal Action ASAOC
- Removal Action UAO
- Removal Action by Prospective Purchaser Administrative Settlement Agreement
Remedial Investigation/Feasibility Study
Remedial Design/Remedial Action
Statement of Work
Resource Conservation and Recovery Act
The model and sample language documents listed below are used to communicate with potentially responsible parties (PRPs) and other parties about: potential Superfund liability at a site; information requests about a site’s known environmental condition; Agency responses to requests from private parties about sites that may aid in returning a property to productive use; and other communications to PRPs and third parties related to cleaning up sites. Each enforcement instrument information page includes links to relevant policy and guidance and, if applicable, revision history to the model after its issue date.
Ability to Pay
- Notice Approving Reduction in Settlement Amount Based on Ability to Pay
- Notice Denying Reduction in Settlement Amount Based on Inability to Pay
Comfort/Status Letters
- Dept. of Housing & Urban Development (HUD)
- Federal Superfund Interest
- Federal Superfund Interest Letter for CERCLA § 107(r) Windfall Liens
- Good Samaritan
- Local Government
- No Current Federal Superfund Interest
- No Previous Federal Superfund Interest
- Property
- RE-Powering America’s Land Initiative
- State Action
De Minimis
General and Special Notice Letters
- General Notice Letter
- General Notice Letter for Superfund Alternative Approach Site
- Special Notice Letter
Notice of Contamination
Windfall Liens
The model and sample language documents listed below are used for the financial assurance provisions contained in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) settlements and orders. Each instrument's information page includes links to relevant policy and guidance and, if applicable, revision history to the model after its issue date.
Financial Assurance Instruments - CERCLA Settlements
- Financial Test: Sample CFO and CPA Letters (Alternative Tests 1 and 2) - Settlements
- Sample Corporate Guarantee - Settlements
- Sample Letter of Credit - Settlements
- Sample Payment Bond - Settlements
- Sample Performance Bond - Settlements
- Sample Trust Agreement - Settlements
Financial Assurance Instruments - CERCLA Orders
The model language documents listed below are used by the Agency to draft memoranda of understanding and subpoenas under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Each enforcement instrument information page includes links to relevant policy and guidance and, if applicable, revision history to the model after its issue date.
Memorandum of Understanding
Subpoenas
The model and sample language documents listed below are used by the Agency to draft administrative and judicial settlements for de minimis, de micromis, and municipal parties under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Each enforcement instrument information page includes links to relevant policy and guidance and, if applicable, revision history to the model after its issue date.
De Micromis
- Non-Exempt De Micromis Party Administrative Settlement Agreement and Order on Consent (CERCLA § 122(g)(4))
- Non-Exempt De Micromis Party Consent Decree (CERCLA § 122(g)(4))
De Minimis
- De Minimis Contributor Administrative Settlement Agreement and Order on Consent (CERCLA § 122(g)(4))
- De Minimis Contributor Consent Decree (CERCLA § 122(g)(4))
- De Minimis Landowner Administrative Settlement Agreement and Order on Consent (CERCLA § 122(g)(4))
- De Minimis Landowner Consent Decree (CERCLA § 122(g)(4))
- First Point of Contact Letter for Use with De Minimis Parties
Municipal Solid Waste (MSW)
Notices/Letters
The models and sample documents in this database and any internal procedures adopted for their implementation and use are intended
solely as guidance for employees of the U.S. Environmental Protection Agency. They do not constitute rulemaking by the Agency and
may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law or in equity, by any person. The
Agency may take action at variance with these models and samples or their internal implementing procedures.