Document Overview

The model contains the basic legal and factual provisions necessary for a de minimis landowner administrative settlement agreement and order on consent (ASAOC) under section 122(g)(1)(B) of CERCLA.

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 documents 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.”

Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property
Date: 06/06/1989
Guidance sets forth EPA's policy on landowner liability, and settlement with de minimis landowners under CERCLA and analyzes the statutory language in sections 107(b)(3) and 101(35) - defenses to Superfund liability, and section 122(g)(1)(B) - authority to enter into de minimis settlements.

Revision History

Updated electronic notification requirements
03/16/2023

• ¶ 19 - Removed the direction to include the mailing address of the RPM or other regional official to only require email submission for notice of payment.

Updated payment language and made minor formatting changes throughout the document
03/31/2021

• ¶1 – Added “as amended” after CERCLA and removed USC citations
• Amended the following definitions:
• CERCLA – added “as amended,”
• EPA – removed “and its successor departments, agencies, or instrumentalities
• Paragraph – added “or an upper- or lower-case letter”
• RCRA – added “as amended,”
• ¶17 – Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• ¶19 – Updated notice of payment language by removing language regarding notice to EPA’s Cincinnati Finance Center.

Updated payment information and formatting
01/04/2018

• Updated ¶17 to reflect correct address and contact information for automated clearinghouse (ACH) payment.

Update URL
06/17/2016

• Updated existing URLs throughout document - pp. 3, 4, 7, 11, 13.

Update URL
11/23/2015

• Updated URL of Superfund Interest Rate Web page in “Interest” definition of model.

Formatting change
11/25/2014

• ¶23.a of this model was corrected to reformat the paragraph from an ordered line layout to a single paragraph

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