Cashout Settlement Agreement for Peripheral Party Settlements Not Based Upon Ability to Pay (CERCLA § 122(h) and AG Authority)
Peripheral Party Cashout Settlement Agreement Not Based on ATP (.Doc/.Docx, 28 pp, 76 K)
Model is for use by EPA and DOJ staff when negotiating CERCLA administrative cashout agreements with qualifying peripheral parties not based on ability to pay. Further guidance on peripheral party cashouts is contained in Part II(B)(3) of 12/22/1998 Section 122(h) Guidance available below.
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 Appendices A, B and C are now superseded.
Changes to public comment and effective date paragraphs
- Public Comment
54 - 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). Effective Date ¶ 55 - Changed " . . . The effective date of this Settlement Agreement shall be the date upon which EPA issues written notice that the public comment period pursuant to Paragraph 54 has closed and that comments received, if any, do not require modification of or withdrawal by the United States from this Settlement Agreement. . ." to ". . . The effective date of this Settlement Agreement shall be the date upon which EPA issues written notice that the public comment period pursuant to Paragraph 54 has closed and the United States has determined not to withhold consent or seek to modify this Settlement Agreement based on the comments received, if any . . ." to accurately reflect the 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: ¶ 40 – delete paragraph requiring settling owner to reach access/use restriction agreement with transferee; and ¶ 46 – clarify CBI claim process.
- Updated existing Agency URLs throughout the document – pp. 3-4, 6, 11-12
- Updated URL of Superfund Interest Rate Web page in “Interest” definition of model
- ¶ 42.a corrected to reformat the paragraph from an ordered line layout to a single paragraph.