Liability - Landowner

This category includes documents that address the liability of a landowner at a Superfund site.

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The Revitalization Handbook: Addressing Liability Concerns at Contaminated Properties (2022 Edition) - (8/11/22) The 2022 edition of The Revitalization Handbook summarizes the federal statutory provisions and EPA policy and guidance documents that address the potential liability concerns of parties involved in the cleanup and revitalization of contaminated sites. https://www.epa.gov/enforcement/revitalization-handbook (PDF 3,400K)

Superfund Liability Protection for Local Government Acquisitions after the Brownfields Utilization, Investment, and Local Development Act of 2018 - (6/15/20) Guidance provides an overview of CERCLA's liability framework and protections and the EPA's enforcement discretion policies that may apply to local governments. https://www.epa.gov/enforcement/guidance-superfund-liability-protections-local-government-acquisitions (PDF 448K)

Transmittal of the 2019 Policy on the Issuance of Superfund Comfort/Status Letters - (8/21/19) Memorandum transmitting Superfund comfort/status letter policy for parties interested in reusing and/or redeveloping contaminated, potentially contaminated, and formerly contaminated property (“impacted properties”). https://www.epa.gov/enforcement/comfortstatus-letters-guidance (PDF 647K)

Enforcement Discretion Guidance Regarding Statutory Criteria for Those Who Qualify as a CERCLA Bona Fide Prospective Purchasers, Contiguous Property Owners, or Innocent Landowners - (7/29/19) 2019 Common Elements Guidance for EPA staff on the "common elements" of the CERCLA landowner liability protections for BFPPs, CPOs, ILOs, and to assist them in exercising their enforcement discretion, which may provide general information to landowners or other third-party stakeholders who may wish to be involved with impacted properties. https://www.epa.gov/enforcement/common-elements-guidance (PDF 548K)

Agreement with Third-Parties to Support the Cleanup and Reuse at Sites on the Superfund National Priorities List - (4/17/18) Memorandum encourages Regions to consider more frequent use of site-specific agreements with third parties at sites on the Superfund National Priorities List. https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites (PDF 1201K)

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)

Liability Reference Guide for Siting Renewable Energy on Contaminated Properties - (7/1/14) Reference document provides answers to renewable energy developers' common questions associated with liability and potentially contaminated property. https://www.epa.gov/enforcement/guidance-liability-reference-guide-siting-renewable-energy-contaminated-property (PDF)

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)

Model CERCLA Section 107(q)(3) Contiguous Property Owner Assurance Letter - (11/9/09) Model contiguous property owner assurance letter to be used in accordance with January 2004 interim guidance regarding contiguous property owners. Includes transmittal memorandum. https://www.epa.gov/enforcement/model-contiguous-property-owner-assurance-letter (PDF 20 K)

Issuance of CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser - (11/27/06) Transmittal memorandum and CERCLA model agreement and order on consent for removal action by a bona fide prospective purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 242 K)

CERCLA Model Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser - (11/27/06) CERCLA Model Agreement and Order on Consent for Removal Action by a Bona Fide Prospective Purchaser (BFPP). https://www.epa.gov/enforcement/guidance-model-bfpp-agreement-removal-action (PDF 201 K)

Contiguous Property Owner Guidance Reference Sheet - (2/5/04) Reference sheet to accompany contiguous property owner's interm guidance addressing liability limitations. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-regarding-contiguous-property-owners (PDF 55K)

Interim Enforcement Discretion Guidance Regarding Contiguous Property Owners - (1/13/04) Memo addresses interim guidance regarding liability limitation for landowners who qualify as contiguous property owners as provided for in the 2002 Brownfields Amendments to CERCLA. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-regarding-contiguous-property-owners (PDF 88K)

Interim Enforcement Discretion Policy Concerning Windfall Liens Under Section 107(r) of CERCLA - (7/16/03) This memorandum discusses EPA and DOJ interim policy implementation of the new CERCLA 107(r) windfall lien provision contained in the 2002 Brownfields Amendments. https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-concerning-windfall-liens-cercla-section-107r (PDF 386 K)

Windfall Lien Guidance: Frequently Asked Questions - (7/16/03) FAQs sheet containing questions and answers to the interim windfall liens guidance https://www.epa.gov/enforcement/interim-guidance-enforcement-discretion-concerning-windfall-liens-cercla-section-107r (PDF 157K)

Bona Fide Prospective Purchasers and the New Amendments to CERCLA - (5/31/02) Describes when, primarily because of significant public health, EPA will consider providing a prospective purchaser with a covenant not to sue under the 2002 amendments to the Superfund statute. https://www.epa.gov/enforcement/guidance-bfpps-and-new-amendments-cercla (PDF 129 K)

Support of Regional Efforts to Negotiate Prospective Purchaser Agreements (PPAs) at Superfund Sites and Clarifications of PPA Guidance - (1/10/01) Memorandum addresses settlements at Superfund sites that can be returned to productive reuse. https://www.epa.gov/enforcement/negotiating-ppas-superfund-sites-and-clarification-ppa-guidance (PDF 33KB)

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)

Fact Sheet: Policy Toward Owners of Property Containing Contaminated Aquifers - (11/3/95) Fact sheet summarizes EPA policy regarding toward owners of property containing contaminated aquifers. https://www.epa.gov/enforcement/guidance-owners-property-containing-contaminated-aquifers (PDF 234 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)

Guidance on Agreements with Prospective Purchasers of Contaminated Property - (5/24/95) This memorandum transmits the guidance and model agreement concerning prospective purchasers of contaminated Superfund property. https://www.epa.gov/enforcement/1995-model-agreements-prospective-purchasers-contaminated-property (PDF 1213KB)

Final Policy Toward Owners of Property Containing Contaminated Aquifers - (5/24/95) Policy states the Agency position "subject to certain conditions, where hazardous substances have come to be located on or in a property solely as the result of subsurface migration in an aquifer, dated 05/24/95 https://www.epa.gov/enforcement/guidance-owners-property-containing-contaminated-aquifers (PDF 1,060 KB)

Policy Towards Owners of Residential Property at Superfund Sites - (7/3/91) Policy addresses concerns raised by owners of residential property located on Superfund sites, and provide the Regions with a nationally consistent approach on this issue. OSWER Dir. No. 9834.6. https://www.epa.gov/enforcement/guidance-owners-residential-property-superfund-sites (PDF 466 KB)

Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property - (6/6/89) Guidance on Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property. OSWER No. 9835.9. Partially superseded by 5/24/95 prospective purchaser agreement policy. https://www.epa.gov/enforcement/guidance-landowner-liability-under-section-107a1-cercla-de-minimis-settlements-under (PDF 2002 KB)

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