Document Overview

ASAOC serves a dual purpose in that it will: (1) allow for expedited settlement when circumstances warrant; and (2) serve as a bridge settlement until a RD/RA CD supersedes it.

Supporting Documents

Issuance of Revised Model Administrative Settlement Agreement and Order on Consent for Remedial Design and New Remedial Design Statement of Work
Date: 09/29/2016
Transmittal memorandum announcing issuance of revised RD ASAOC and new RD SOW.

Remedial Design ASAOC Statement of Work
Date: 09/29/2016
RD ASAOC should be used in conjunction with the RD ASAOC SOW. The SOW is a technical attachment to the ASAOC, which sets forth the procedures and requirements for implementing the RI/FS.

Consideration of Greener Cleanup Activities in the Superfund Cleanup Process
Date: 08/02/2016
Memorandum recommends approaches for "greener cleanup activities" when evaluating remedial and removal activities and other activities designed to reduce or mitigate potential environmental impacts when implementing response actions under CERCLA.

Issuance of CERCLA Financial Assurance Guidance, Updated and New Sample Mechanisms, and Model Language Provisions for Unilateral Administrative Orders
Date: 04/06/2015
Includes information relating to FA mechanisms that may be available to PRPs to satisfy their FA obligations under settlements and orders for remedial and removal actions.

Transmittal of Model Geospatial Data and Electronic Submission of Deliverables Language for Inclusion in CERCLA Statements of Work
Date: 09/29/2014
Transmittal memorandum and model geospatial data and electronic submission of deliverables language for inclusion in CERCLA SOW documents. The model language is for use in CERCLA judicial and administrative settlements and unilateral administrative orders that provide for performance of response actions.

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 addresses model language updates from the March 16, 2009 "ARC Memo" and announces changes to CERCLA judicial and administrative settlement models.

Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites
Date: 12/04/2012
Guidance for site managers, attorneys and other interested parties for planning, implementing, maintaining and enforcing (PIME) institutional controls for Superfund, brownfields, UST, RCRA, and federal facility cleanups. Additional Information on ICs: Additional policy and guidance documents related to institutional controls is available from the ="https://cfpub.epa.gov/compliance/resources/policies/cleanup/superfund/index.cfm?action=3⊂_id=775"> Institutional Controls subject category of the Superfund Enforcement Policy and Guidance Database.

Interim Guidance: Providing Communities with Opportunities for Independent Technical Assistance in Superfund Settlements
Date: 09/03/2009
Memorandum transmits model language and provides guidance on technical assistance plan (TAP) provisions in Superfund settlements, including model TAP language for ASAOCs in RDs and other model language documents.

Interim Revisions to CERCLA Judicial and Administrative Settlement Models to Clarify Contribution Rights and Protection from Claims Following the Aviall and Atlantic Research Corporation Decisions
Date: 03/16/2009
Memorandum issuing interim revisions to CERCLA judicial and administrative settlement models to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions.

Revision History

Updated payment instructions
03/16/2023

• ¶ 34.a – corrected “pay.gov” URL
• ¶ 35.c – Replaced “SCORPIOS Report” with “e-Recovery Report” in periodical bills paragraph.

Minor update - stipulated penalty payment language
07/20/2021

• ¶54 - Revised to update stipulated penalty payment instructions.

Updated payment language and made minor formatting changes throughout the document
12/10/2020

• ¶2 – 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
• Updated Notice instructions and revised payment information
• ¶13.a - Clarified notice and submission instructions.
• Section XII - Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
• ¶34.a - Provides simplified payment language.
• Deleted former ¶34.b as it included notice instructions now provided for in ¶13.a.
• Updated paragraph numbering and cross-referencing due to the deletion of former ¶34.b.
• ¶35 (Payment of Future Response Costs) – ¶35.a, ¶35.b, ¶35.c - Included reference to payment instructions in ¶34.a.
• ¶54 – Revised payment instructions in Stipulated Penalties Section.

Updated payment information
01/04/2018

• ¶34.1 - Updated to reflect correct address and contact information for automated clearinghouse (ACH) payment.

Minor updates/corrections
08/23/2017

• ¶2 – Updated references to delegations and dates. • ¶18 - Para 18 is revised to add a final sentence requiring Respondent to send any access or use restriction agreements to EPA and the state, if applicable.

Corrections and formatting
04/27/2017

• Corrections to ¶ 83 to better explain financial assurance (FA) approval process.
  • Conforming change to ¶ 90 to delete reference to optional FA appendix.
  • Technical corrections to ¶ 35.e to conform to Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06).
  • Corrections to paragraph cross-reference in ¶ 50 (should be ¶ 49.b, not ¶ 49.a).
  • Minor formatting updates.

Typographical correction
12/15/2016

• Paragraph 81: changed “limits of liability of $5 million excess“ to “limits of liability of $5 million in excess” in the first sentence.

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