Document Overview

The model contains the basic legal and factual provisions necessary for a de minimis landowner judicial consent decree 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 payment and electronic notice requirements
03/15/2023

• ¶ 6 – Changed payment requirement to “Fedwire Electronic Funds Transfer (EFT)” and deleted pay.gov URL. Deleted “or regular mail” in the last sentence, removed the EPA mailing address and inserted “[Project Coordinator email address]” for the EPA contact information, removed the DOJ mailing address, and updated the DOJ email address, and added “Re: DJ # ___” below the email address.
• ¶ 7 – Updated notice of payment paragraph to remove “or regular mail” references throughout the paragraph, removed the EPA and DOJ mailing addresses, inserted “[Project Coordinator email address]” for the EPA contact information, and updated the DOJ email addresses.

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

• ¶A – Added “as amended” after CERCLA and removed USC citation Amended the following definitions:
• CERCLA – removed USC citation, added “as amended,”
• EPA – removed “and its successor departments, agencies, or instrumentalities
• Paragraph – grammar update
• RCRA – added “as amended,”
• ¶6 – Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• Note following ¶6 (payment by check) - deleted
• ¶8 – Updated notice of payment language by removing language regarding notice to EPA’s Cincinnati Finance Center.

Update URLs
06/17/2016

• Updated existing URLs throughout the document - pp. 3, 5, 10, 12

Update URL
11/23/2015

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

Formatting change
11/25/2014

• Paragraph 12.a of this model was corrected to reformat the paragraph from an ordered line layout to a single paragraph.

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