Document Overview

This Model All Purpose Administrative Payment Consent Decree combines the following models into one master model: Past Cost, De Minimis, Peripheral ATP, and Peripheral non-ATP. Due to security concerns, EPA HQ Security disabled use of macros within the Agency which were used in previous versions of OSRE model documents. To address this issue, EPA and DOJ decided to present the models in a new format. The four different settlement agreements have been combined into this all-purpose model CD using footnotes or bracketed text to address sections that should be added or removed depending on which settlement agreement the user seeks to produce. A roadmap showing which sections to include or remove from each CD is also provided to give regional attorneys a visual aid in their drafting process. The all-purpose payment CD has also been streamlined as part of the update, and language has been updated to align with the most recent update to the model RD/RA CD.

Supporting Documents

Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay and Non-Ability to Pay Parties (7 pp, 31.0 K)
Date: 09/26/2014
Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with some de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA and some non-ability to pay de minimis parties.

Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay Parties Only (7 pp, 31.0 K)
Date: 09/26/2014
Document provides recommended language for modifying the September 26, 2014 de minimis contributor ASAOC and CD when settling with de minimis ability to pay parties in accordance with Section 122(g)(7) of CERCLA.

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.”

Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122g by the Small Business Liability Relief and Brownfields Revitalization Act
Date: 05/17/2004
Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments.

Standardizing the De Minimis Premium
Date: 07/07/1995
Guidance is intended to simplify the premium determination process and promote greater national consistency in this aspect of de minimis settlements.

Communications Strategy for Settlements with Small Volume Waste Contributors
Date: 09/30/1993
Memorandum outlines communication strategy and attaches model documents to assist the Regions when entering into settlements with de minimis parties.

Streamlined Approach for Settlements with De Minimis Waste Contributors under CERCLA Section 122 (g)(1)(A)
Date: 07/30/1993
The guidance supplements earlier guidance for de minimis waste contributor settlements and establishes the minimum level of information necessary before a Region can consider a de minimis settlement, as well as provides a methodology to construct payment matrices in appropriate circumstances, and encourages Regions to take a more active role in facilitating de minimis settlement.

Methodologies for Early De Minimis Waste Contributor Settlements under CERCLA Section 122(g)(1)(A)
Date: 06/02/1992
Guidance supplements earlier guidance on de minimis waste contributor settlements and sets forth procedures for identifying early de minimis candidate sites under section 122(g)(1)(A) of CERCLA.Supplements 12/20/1989 guidance.

Methodologies for Implementation of CERCLA Section l22(g) (1) (A) - Minimis Waste Contributor Settlements
Date: 12/20/1989
Memorandum provides practical assistance in the evaluation and development of de minimis contributor settlement proposals and agreements.

Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA
Date: 06/19/1987
Memorandum provides interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors.

Revision History

Consent Decree Model Revision History
07/27/2026

• Section VI “Payments” Provision for sale of real property and payment of the net proceeds removed from peripheral ATP model. See footnote 18 for explanation.
• ¶ 17 Updated to state what the payment includes, including the concept of premiums if applicable.
• ¶ 17 Provision for payment of interest on unpaid principal from the date of last cost summary to the date of payment removed for peripheral parties. Now only required for past cost agreements.
• ¶ 30 “or take administrative action against” removed from covenant language for past cost model.
• ¶ 31.c. General Reservations: Liability for costs “to be incurred” only included in Past Costs model.
• ¶ 36.a. Covenants by Settling Parties no longer includes covenant extending to contractors and employees of the U.S.
• ¶ 37 Removed blanket waiver from the Settling Parties’ Reservation to be consistent with the model RD/RA CD.
• ¶ 38 and 39 Removed “not to assert” to eliminate redundancy with “waive”
• ¶ 42 Changed "exercises rights under the reservations" to "brings a claim against” to align with model RD/RA CD.
• ¶ 48.c. New electronic records preservation provision added.
• ¶ 53 Language updated to align with wording in model RD/RA CD

Top of page