RD/RA Consent Decree

RD/RA CD (.Doc/.Docx, 65 pp, 139 K)

Model Information



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This model is for use by EPA and DOJ staff when negotiating remedial design/remedial action (RD/RA) judicial consent decrees with potentially responsible parties (PRPs) under sections 106, 107 and 122 of CERCLA. It is designed to be used in conjunction with the RD/RA Statement of Work.

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 the issuance of the revised Remedial Design (RD) model administrative settlement agreement and order on consent (ASAOC) and the RD state of work (SOW) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) along with information on other minor language updates to be incorporated into other models.

Issuance of Revised Model Consent Order and New Model Unilateral Order for Remedial Investigation/Feasibility Study and Updated Financial Assurance and Insurance Language for All CERCLA Response Action Settlements and Unilateral Administrative Orders
Date: 09/29/2016
Memorandum transmitting the revised RI/FS ASAOC and the new RI/FS UAO along with information on updated language incorporated into other model documents, including the RD/RA CD, related to financial assurance and insurance.

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.

Minor Updates to Property Requirements and other Provisions of the 2014 CERCLA Model Remedial Design/Remedial Action Consent Decree
Date: 09/30/2015
Transmittal memorandum for minor revisions to RD/RA CD. Transmittal includes in Part B a detailed explanation of changes to section VIII (Property Requirements) and to other provisions of the consent decree. The transmittal package includes a compare version showing all changes from the 2014 to 2015 consent decree.

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.

Issuance of 2014 CERCLA Model Remedial Design/Remedial Action Consent Decree and Statement of Work
Date: 09/29/2014
Transmittal memorandum for revised RD/RA CD and the new model Statement of Work (SOW) for RD/RA. The transmittal package also includes an “Overview of Substantive Changes from 2011-2014 Remedial Design/Remedial Action Consent Decree" and a compare version of the CD showing changes made from the 2011 to 2014 versions of the model document.

Remedial Design/Remedial Action Statement of Work
Date: 09/29/2014
RD/RA SOW should be used in conjunction with the RD/RA judicial consent decree (CD). The SOW is the technical attachment to the CD, which sets forth the procedures and requirements for implementing the remedial action under the CD.

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 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

Revised payment information and update DOJ link

  • Section X. Revised payment language to streamline payment instruction to only allow for payment via https://www.pay.gov.
  • ¶35.a – Provides simplified payment language.
  • ¶36.c – Added https://www.pay.gov instructions to Periodic Bills paragraph.
  • Deleted former ¶ 38 as it included extraneous payment options.
  • Updated paragraph numbering and cross-referencing due to the deletion of former ¶ 38.
  • ¶ 68 (formerly ¶ 69) – Revised payment instructions in Stipulated Penalties Section.
  • Note following ¶ 21.b – Updated link to U.S. Department of Justice Title Standards 2016.

Document references and links

  • Section I. Note. Updated guidance and links to special account documents.

Language updates to property requirement and payment information instructions. General formatting updates

  • Language updates to property requirement and payment information instructions. General formatting updates.
  • Modified reference to CERCLA in various sections to add “as amended” after statutory title.
  • Modified definition of RCRA to add “as amended.”
  • ¶ 21(c)(5) and (d)(1) - To address an unintended inconsistency arising from the settling party’s obligations set forth in paragraphs (c)(1) and (d)(1) by the deadlines prescribed in paragraph (c)(5), deleting subparagraph (c)(5) and incorporating the deadlines into paragraph (d)(1)..
  • ¶ 21(d)(1) - Change the first sentence in subparagraph (d)(1) in the above to models to read: “[SDs or Respondents, whichever term is used in the respective model] shall submit all draft Proprietary Controls and draft instruments addressing Prior Encumbrances to EPA for review and approval within [180] days after the Effective Date; or if an initial waiver request has been filed, within [135] days after EPA’s determination on the initial waiver request; or if a final waiver request has been filed, within [90] days after EPA’s determination on the final waiver request.”
  • ¶ 27 (f) – Updated paragraph cross-reference.
  • ¶ 32(d)(i) – Added “the State” after “Work by EPA” to reflect that states usually implement the O&M in case of a work takeover.
  • ¶ 33
    • First sentence – Changed “no more than once during each calendar year after the first,” to “on any anniversary of the Effective Date or at any other time agreed to by the Parties”.
    • Second sentence - Added “[and the State]” after EPA in the case of work takeover to be consistent with ¶ 28.
  • ¶ 38(a)(1) – Added “after the Effective Date” to end of first sentence.
  • ¶ 38(b) – Updated and simplified payment instruction information. Added new ¶ 38(c) to separate “Notice of Payment”.
  • ¶ 50 – Changed “Work” to “work” in first sentence to refer to work generally and not work as defined by the “Work” definition.
  • ¶ 57 – Changed “regarding” in first sentence to “under”.
  • ¶ 60 – Changed last sentence in paragraph to clarify. New sentence: “. SDs shall not challenge, using the dispute resolution procedures under Section XIV, or judicially, EPA’s remedial action selection embodied in the ROD.”
  • ¶ 81(a) and (b) – Added brackets around the 10-day time period to provide flexibility timing of work takeover.
  • ¶ 86 – Added to end of last sentence in paragraph “the applicable reservation.”

Updated payment information

  • Updated ¶ 38.b to reflect correct address and contact information for automated clearinghouse (ACH) payment.

Minor update to Paragraph 20

  • ¶ 20 - Paragraph 20 is revised to add a final sentence requiring Settling Defendants to send any access or use restriction agreements to EPA and the state, if applicable.

Correction to Paragraph 30

  • Cross-reference in ¶ 30.c. should be to Paragraph 29.b, not Paragraph 94.b.

Corrections and formatting

  • Corrections to ¶¶ 28-29 to better explain financial assurance (FA) approval process and to move paragraph break to proper place.
    • Conforming change to ¶ 107 to delete reference to optional FA appendix.
    • Technical corrections to ¶ 36.e to conform to Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06).
    • Minor formatting updates.

Conforming changes and formatting

Update URLs and formatting

  • Updated existing URLs throughout the document – pp. 4, 14-15, 19, 24, 27-28,30, 41-42, 48 and minor formatting updates.

URL Update

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

Memo explaining modifications to sections related to property requirements and other provisions

  • Memorandum issued to explain the updates to section VIII (Property Requirements) and minor changes to other provisions of the RD/RA CD.

Corrections to paragraphs 20.e and 23.

  • ¶ 20.e of this model has been modified to delete the comma after “SDs” in subparagraph 20.e(2) and to change “subordination, modification or subordination” to “subordination, modification, or relocation” in subparagraph 20.e(3). Paragraph 23 has been modified to capitalize the second “Institutional Controls.”

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