Agreement for Release and Waiver of Lien CERCLA 107(r)
Agreement for Release and Waiver of Lien, CERCLA 107(r) (.Doc/.Docx, pp,
Model Information
For more information regarding MS Word, visit Microsoft's Word Viewer download page. Exit
Model windfall lien resolution agreement can be used in situations where EPA has or will have unrecovered cleanup costs, the bona fide prospective purchaser (BFPP) will reap a windfall, and EPA is likely to pursue a windfall lien. In these circumstances, the BFPP may be interested in satisfying any existing and potential future windfall lien prior to or relatively coincident with their acquisition of the property.
Supporting Documents
Removal Action by Prospective Purchaser Administrative Settlement Agreement
Date: 08/10/2022
Model document used when negotiating with prospective purchasers for the performance of removal actions under the Comprehensive Environmental Responsibility, Compensation, and Liability Act (CERCLA).
Revision History
11/04/2024
- Comprehensive but non-novel updates made to the entire document to reflect updates made to other EPA model documents and agreements, specifically the model Administrative Settlement Agreement for Removal Action by Prospective Purchaser. Most noticeable changes have been made to the Property Requirements section (Section VII, previously titled Access/Notice/Institutional Controls), and new sections on Covenants by Purchaser (Section X) and Enforcement (Section XI), which tie in language from original sections. Further, the section at the end of the original model agreement (Attorney General Approval) for settlements over $500,000 has been removed.