Enforcement

Municipal Solid Waste Generator/Transporter Consent Decree

MSW Generator/Transporter CD (.Doc/.Docx, 19 pp, 60 K)

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Model Information

09/26/2014

03/15/2023

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Document Overview

Model settlement document for use in settlements with generators and transporters of municipal solid waste/municipal sewage sludge (MSW/MSS).

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.”

Transmittal of Policy for Municipality and Municipality Solid Waste CERCLA Settlements at NPL Co-Disposal Sites
Date: 02/05/1989
Policy addresses settlement options at co-disposal sites for parties whose liability relates to municipal solid waste (MSW). The policy is intended to provide a fair, consistent, and efficient settlement methodology for resolving the potential liability under CERCLA of generators and transporters of MSW/MSS at co-disposal landfills on the National Priorities List, and municipal owners and operators of such sites.

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.
  • ¶ 8 – Deleted “or regular mail” in the first sentence. Updated EPA notification to remove “by regular mail [or email]”, deleted the EPA mailing address, added reference to email transmission to project coordinator, and added “#” to the DJ reference line.

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

  • ¶A – Added “as amended” after CERCLA and removed USC citation and added “as amended” after RCRA 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. 3-4, 7.

Update URL
11/23/2015

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

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