Settlement Agreement for Recovery of Past Response Costs (CERCLA § 122(h)(1))
Recovery of Past Response Costs Settlement Agreement (.Doc/.Docx, 26 pp, 71 K)
Model settlement agreement is to be used as guidance for EPA staff when negotiating CERCLA section 122(h) administrative agreements for recovery of past response costs. Model is designed purely for resolution of past costs claims and is not intended to be used to resolve claims for future work or payments for future response.
Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models
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 Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General
Corrected copy of Sept. 30, 1998 Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority guidance document containing missing subsection II(C). Appendices A, B and C are now superseded.
Change to Paragraph 6
- ¶ 6 – changed “ EPA alleges that Settling Parties [if Settling Federal Agencies (SFAs), insert: and Settling Federal Agencies] are responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and are jointly and severally liable for response costs incurred or to be incurred at or in connection with the Site….” to “EPA alleges that Settling Parties [if Settling Federal Agencies (SFAs), insert and Settling Federal Agencies] are responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. § 9607(a).” to clarify the joint and several liability statement (which is stated elsewhere in the model) and to conform to other models.
Change to public comment paragraph
- ¶ 50 - changed "In accordance with Section 122(i)(3) of CERCLA, the United States may modify or withdraw its consent . . ." to "In accordance with Section 122(i)(3) of CERCLA 42 U.S.C. § 9622(i)(3), the United States may withhold its consent or seek to modify. . ." to accurately reflect the statutory language in CERCLA § 122(i).
Updated payment information
- Updated ¶ 12 to reflect correct address and contact information for automated clearinghouse (ACH) payment.
Conforming changes and formatting
- The changes outlined below are the result of model documents issued 9/29/2016:
• Agreement updated with conforming changes in accordance with Issuance of Revised Model Remedial Design/Remedial Action Unilateral Administrative Order and New Statement of Work: ¶ 36 – delete paragraph requiring settling owner to reach access/use restriction agreement with transferee; and ¶ 42 – clarify CBI claim process.
Technical correction, update URLS
- Paragraph 45 of this model was corrected to add the word “its” before “liability” in line 6. Update URLs throughout document - pp. 3, 4, 14
- Updated URL of Superfund Interest Rate Web page in “Interest” definition of model.
- The note on redelegation of signature authority following the EPA signature block on p. 21 of this model was corrected to change “de minimis” to “past cost.”
- Paragraph 38.a of this model was corrected to reformat the paragraph from an ordered line layout to a single paragraph.