Non-Exempt De Micromis Party Consent Decree (CERCLA § 122(g)(4))
Non-Exempt De Micromis Party CD (.Doc/.Docx, 8 pp, 41 K)
Model Information
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Model is intended to assist EPA and DOJ staff with drafting judicial consent decree (CD) settlements with de micromis parties not covered by the CERCLA § 107(o) statutory de micromis exemption when a settlement is appropriate under the “Revised Settlement Policy and Contribution Waiver Language Regarding Exempt De Micromis and Non-Exempt De Micromis Parties” (Nov. 6, 2002).
Supporting Documents
Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models
Date: 09/26/2014
Memorandum announcing the issuance of 15 model documents that comprise all of the CERCLA model documentss in which the primary form of consideration to be provided by potentially responsible parties (PRPs) is a “payment,” rather than performance of response action, and that the Agency is revising, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo.”
Revised Settlement Policy and Contribution Waiver Language Regarding Exempt De Micromis and Non-Exempt De Micromis Parties
Date: 11/06/2002
Memorandum addresses the new Section 107(o) of CERCLA added by the 2002 Brownfield Amendments. The section provides a qualified exemption from liability for de micromis parties. Attachments 1, 2, and 5 superseded by 09/30/2014 “Revisions to 2009 ARC Memo.”
Revision History
Update URLs
06/17/2016
- Updated existing Agency URLs throughout the document – pp. cover and 2.