Cost Recovery

This category includes policy and guidance about how EPA recovers from financially viable potentially responsible parties (PRPs) the money it expends from the Superfund Trust Fund to perform response actions at Superfund sites.

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Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models - (9/26/14) Transmittal memorandum revises, for purposes of all EPA settlement models issued under CERCLA, certain language included in the March 16, 2009 “ARC Memo” and announces issuance of 13 revised CERCLA judicial and administrative settlement models and two documents containing ability to pay inserts for the de minimis contributor models. https://www.epa.gov/enforcement/guidance-revisions-2009-arc-memo-and-issuance-cercla-payment-models (PDF 382K)

Transmittal of Preliminary Potentially Responsible Party Search Completion Measure Definition for Incorporation into the Superfund Program Implementation Manual for FY2012 - (6/23/11) Guidance to regions on documenting preliminary PRP search completion activities https://www.epa.gov/enforcement/guidance-preliminary-prp-search-completion-measure-definition-and-superfund-program (PDF 338K)

PRP Search Documentation Summary Requirements for Decision Documents to Not Pursue Cost Recovery Where Unaddressed past Costs are Greater Than $200,000 - (3/8/11) Guidance establishing standard and mandatory PRP search documentation requirements in decision documents. https://www.epa.gov/enforcement/guidance-documenting-prp-search-decision-documents-and-unaddressed-cost-recoveries (PDF 353K)

EPA's Continued Efforts to Enhance CERCLA Cost Recovery - (7/2/10) Memorandum highlights important cost recovery practices and encourages Regions to reevaluate their Superfund cost recovery programs. https://www.epa.gov/enforcement/guidance-efforts-enhance-cercla-cost-recovery (PDF 267 K)

Additional Guidance on Prepayment of Oversight Costs and Special Accounts - (12/22/06) Memorandum provides additional guidance on the prepayment of oversight costs discussed in the October 4, 2002 "Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts" ("Consolidated Guidance"). Attaches sample settlement language for the prepayment of oversight costs. https://www.epa.gov/enforcement/guidance-prepayment-oversight-costs-and-special-accounts (PDF 116 K)

Sample Demand Letter - (3/29/04) Sample model letter - demand for reimbursement of costs expended at a Superfund site available to download in Word from cleanup enforcement models database. http://cfpub.epa.gov/compliance/models/view.cfm?model_ID=392 (PDF 35 K)

Amendment to the October 2, 2001 Memorandum entitled Compromise of, and Termination of Collection Activity on, Post-Settlement and Post-Judgment Superfund Debts - (11/25/02) Memo clarifies two issue addressed in the October 2001 Compromise Memo and includes model compromise letter https://www.epa.gov/enforcement/guidance-post-settlement-and-post-judgment-superfund-debts-collection-and-termination (PDF 239K)

Consolidated Guidance on the Establishment, Management and Use of CERCLA Special Accounts - (10/4/02) Guidance serves as a reference guide for issues involving the deposit and use of special accounts https://www.epa.gov/enforcement/guidance-establishment-management-and-use-superfund-special-accounts (PDF 195 K)

Superfund Accounts Receivable: Collection Actions for Delinquent Accounts - (8/20/02) This guidance supersedes the Agency's interim guidance titled Delinquent Accounts Receivable: Interim Guidance on the Referral Process and Timing for Collection of Delinquent Debts Arising under Superfund Judicial or Administrative Settlements. https://www.epa.gov/enforcement/guidance-collection-actions-delinquent-superfund-accounts (PDF 1260 K)

CERCLA Future Response Costs: Settlement, Billing and Collection - (6/20/02) This memorandum addresses some of the most common issues that arise with the billing and collection of future response costs. https://www.epa.gov/enforcement/guidance-cercla-future-response-costs-settlement-billing-and-collection (PDF 189 K)

Compromise of, and Termination of Collection Activity on, Post-Settlement and Post-Judgment of Superfund Debts - (10/2/01) Memorandum discusses legal authority to compromise and terminate collection activity on debts arising out of Superfund settlement and judgments. https://www.epa.gov/enforcement/guidance-post-settlement-and-post-judgment-superfund-debts-collection-and-termination (PDF 324K)

Model Language Relating to Orphan Share Compensation Through the Compromise of Future Oversight Costs - (9/28/00) Memo suggests model language for inclusion in future remedial design, remedial action consent decrees and removal action administrative orders that provide orphan share compensation. https://www.epa.gov/enforcement/guidance-orphan-share-compensation-through-compromise-future-oversight-costs-model (PDF 238K)

Guidance on Exercising CERCLA Enforcement Discretion in Anticipation of Full Cost Accounting Consistent With the “Statement of Federal Financial Accounting Standards No. 4” - (6/2/00) This memorandum provides guidance to EPA personnel on how to exercise enforcement discretion as it relates to upcoming changes in EPA's indirect cost accounting methodology. https://www.federalregister.gov/articles/2000/06/02/00-13845/guidance-on-exercising-cercla-enforcement-discretion-in-anticipation-of-full-cost-accounting

Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority (Corrected Copy of 9/30/98) - (12/22/98) Cover memorandum circulating the corrected copy of Sept 30, 1998 Guidance on Administrative Response Cost Settlements under Section 122(h) of CERCLA and Administrative Cashout Settlements with Peripheral Parties under Section 122(h) of CERCLA and Attorney General Authority guidance document containing missing subsection II(C). Section III.B and Appendices A, B and C have been superseded by other documents. https://www.epa.gov/enforcement/guidance-superfund-settlements-administrative-response-cost-and-cashout-peripheral (PDF 959 KB)

Guidance on EPA Participation in Bankruptcy Cases - (9/30/97) Guidance on EPA Participation in Bankruptcy Cases identifies the factors to be considered by EPA in determining whether to participate in a bankruptcy case. https://www.epa.gov/enforcement/guidance-epa-participation-bankruptcy-cases (PDF 820 KB)

Interim Guidance On Maximizing Insurers' Contributions To Responses At Residences Contaminated With Methyl Parathion - (8/1/97) Memorandum provides guidance on maximizing contributions from property owners' insurers related to decontamination and restoration of residences contaminated by methyl parathion. https://www.epa.gov/enforcement/guidance-maximizing-insurers-contributions-cleanup-residences-contaminated-methyl (PDF 24 K)

Exploring Use of Annuities as Funding Tools for Superfund Settlements - (4/17/95) Memorandum identifies mechanisms that will facilitate settlements and examines the use of annuities. https://www.epa.gov/enforcement/guidance-exploring-annuities-funding-tools-superfund-settlements (PDF 235 K)

Written Demand for Recovery of Costs Incurred Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) - (3/21/91) Regions are responsible for documenting costs, issuing written demands for those costs, and pursuing parties that do not reimburse EPA. OSWER No. 9832.18 https://www.epa.gov/enforcement/guidance-written-demand-superfund-cost-recovery (PDF 1085KB)

Arbitration Procedures for Small Superfund Cost Recovery Claims - (5/30/89) Federal Register Final Rule implements EPA's authority under CERCLA to use arbitration for cost recovery, in understanding a response action. OSWER Dir. No. 9832.17 (54 FR 23174) https://www.epa.gov/enforcement/guidance-arbitration-procedures-small-cost-recovery-claims-under-superfund-final-rule (PDF 2700 KB)

Procurement under Preauthorization / Mixed Funding (OSWER Directive 9225.1-01) - (4/19/89) Memorandum clarifying procurement procedures that potential claimants may use in planning and carrying out preauthorized response actions. https://www.epa.gov/enforcement/guidance-procurement-under-preauthorized-mixed-funding (PDF 5 MB)

Transmittal of the Superfund Cost Recovery Strategy - (7/29/88) Sets forth the Agency's priorities and case selection guidelines, emphasizes the advance planning necessary to initiate cost recovery actions. OSWER No. 9832.13 https://www.epa.gov/enforcement/guidance-superfund-cost-recovery-strategy (PDF 1.52MB)

Cost Recovery Actions/Statute of Limitations - (6/12/87) Memorandum updates the Agency's policy on timing of cost recovery actions. OSWER Dir. 9832.3-1A https://www.epa.gov/enforcement/guidance-cost-recovery-actionsstatute-limitations (PDF 431 K)

Policy on Recovering Indirect Costs in CERCLA Section 107 Cost Recovery Actions - (6/27/86) This memo clarifies the Agency's policy regarding the recovery of indirect costs in CERCLA cost recovery actions. OSWER No. 9832.5 https://www.epa.gov/enforcement/guidance-recovering-indirect-costs-superfund-cost-recovery-actions (PDF 89KB)

Small Cost Recovery Referrals - (7/12/85) This memo simply confirms operating guidance on CERCLA cost recovery cases valued at less than $200,000. OSWER No. 9832.6. https://www.epa.gov/enforcement/guidance-small-cost-recovery-referrals (PDF 91KB)

Guidance on Pursuing Cost Recovery Actions Under CERCLA - (8/26/83) Describes essential elements which the government will probably be called upon to prove in a cost recovery action; the assembly & maintenance of a file; some examples of appropriate documentation for each element of the cause of action; procedural issues, OSWER No. 9832.1 https://www.epa.gov/enforcement/guidance-cost-recovery-actions-under-superfund (PDF 1460 KB)

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