Enforcement

Superfund Cleanup Subject Listing

Liability - Government

This category includes documents that discuss government liability at Superfund sites.

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Enforcement Discretion Guidance Regarding the Affiliation Language of CERCLA's Bona Fide Prospective Purchaser and Contiguous Property Owner Liability Protections - (9/21/11)
Memorandum assists EPA personnel in, on site-specific basis, exercising the Agency's enforcement discretion regarding the affiliation language contained in the Superfund statute.
https://www.epa.gov/enforcement/guidance-affiliation-language-cerclas-bfpp-and-cpo-liability-protections (PDF 180 K)
Interim Guidance on the Municipal Solid Waste Exemption Under CERCLA Section 107(p) - (8/20/03)
This interim guidance discusses CERCLA section 107(p) and identifies some factors EPA and DOJ will consider in exercising enforcement discretion with MSW generators at NPL sites. Supplements the 12/6/1989 and 2/5/1998 municipal settlement policy documents.
https://www.epa.gov/enforcement/interim-guidance-municipal-solid-waste-exemption-under-superfund (PDF 1,334K)
Policy on Interpreting CERCLA Provisions Addressing Lenders and Involuntary Acquisitions by Government Entities - (6/30/97)
The memorandum transmits EPA's policy for interpreting CERCLA provisions that address (1) lenders and (2) government entities that acquire property involuntarily.
https://www.epa.gov/enforcement/guidance-lenders-and-involuntary-acquisitions-government-entities (PDF 17 K)
Fact Sheet: The Effect of Superfund on Involuntary Acquisitions of Contaminated Property by Government Entities - (12/31/95)
Summarizes EPA's policy on Superfund enforcement against gov't entities that involuntarily acquire contaminated property. Also describes some types of gov't. actions that EPA believes qualify for a liability exemption or a defense to Superfund liability
https://www.epa.gov/enforcement/fact-sheet-effect-superfund-involuntary-acquisitions-contaminated-property-government (PDF 206 K)
Municipal Immunity from CERCLA Liability for Property Acquired through Involuntary State Action - (10/20/95)
Memorandum sets forth EPA and DOJ policy regarding the government's enforcement of CERCLA against lenders and against government entities that acquire property involuntarily.
https://www.epa.gov/enforcement/guidance-municipal-immunity-cercla-liability-property-acquired-through-involuntary-state (PDF 279 KB)
Model Informational Notice Letter to Local Governments - (5/7/91)
Provides information to municipalities and other local governments about EPA's activities at a Superfund site.
https://www.epa.gov/enforcement/model-informational-notice-letter-local-governments (PDF 245 K)

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