Settlements-judicial

The category includes guidance, policies and models relating to CERCLA judicial settlements. Judicial settlements are entered with a court by the Department of Justice on behalf of EPA.

You will need Adobe Reader to view some of the files on this page. See EPA's About PDF page to learn more.

Incorporating Sustainability Principles in Cleanup Enforcement Actions Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act - (9/29/23) Memorandum reinforces EPA’s positions on sustainability by encouraging cleanup enforcement staff to collaborate with their program office counterparts to incorporate applicable principles in CERCLA and RCRA cleanup enforcement work and includes a compendium of case examples and a resource library. https://www.epa.gov/enforcement/incorporating-sustainability-principles-cercla-and-rcra-cleanup-enforcement-actions (PDF 315K)

Update to 2019 “Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” – 300-Day Meeting Requirement - (6/15/23) Memorandum updates the “2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts” memorandum to address consultation requirements for Regions with EPA Headquarters regarding remedial design/remedial action (RD/RA) negotiation timelines. https://www.epa.gov/enforcement/update-2019-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 236 KK)

Issuance of 2021 Comprehensive Environmental Response, Compensation, and Liability Act Model Remedial Design/Remedial Action Consent Decree and Statement of Work - (8/31/21) Transmittal memorandum announcing issuance of the 2021 model remedial design/remedial action (RD/RA) consent decree and model RD/RA statement of work (SOW) documents along with an overview of the changes from the previous version of the model RD/RA CD to the the 2021 model document. https://www.epa.gov/enforcement/2021-cercla-rdra-cd-and-sow-model-documents (PDF 1,451K)

Use of the "Look-First" Approach in Comprehensive Environmental Response, Compensation, and Liability Act Settlement Agreements Involving Third Parties - (1/16/20) Memorandum on the potential use of "look-first" provisions in settlement agreements with third parties under CERCLA. https://www.epa.gov/enforcement/use-look-first-approach-superfund-settlement-agreements-involving-third-parties (PDF 352K)

2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP Cleanup Starts - (6/20/19) Memorandum encourages Regions to plan for and promptly obtain PRP commitments to initiate cleanup actions following remedy selection https://www.epa.gov/enforcement/guidance-rdra-process-expediting-negotiations-and-prp-cleanup-starts (PDF 680K)

Bifurcating Remedial Design and Remedial Action to Accelerate Remedial Design Starts at PRP-Lead Superfund Sites - (6/21/18) Memorandum to the Regions regarding Recommendation 12 of the Superfund Task Force Report on a discrete strategy that Regions can use to expedite Superfund settlements and accelerate remedial design starts at PRP-lead Superfund Sites https://www.epa.gov/enforcement/bifurcating-rdra-accelerate-remedial-design-starts-prp-lead-superfund-sites

Minor Updates to Property Requirements and other Provisions of the 2014 CERCLA Model Remedial Design/Remedial Action Consent Decree - (9/30/15) Memorandum specifies the updates made to Section VIII (Property Requirements) and other minor modifications to the September 29, 2014 version of the model Remedial Design/Remedial Action Consent Decree (RD/RA) under CERCLA https://www.epa.gov/enforcement/memorandum-updates-model-cercla-rdra-cd-property-requirements-and-other-provisions (PDF 1,000K)

Guidance on Financial Assurance in Superfund Settlement Agreements and Unilateral Administrative Orders - (4/6/15) Memorandum transmits guidance, model language, and sample documents that address financial assurance requirements in Superfund cleanup settlement agreements and unilateral administrative orders. https://www.epa.gov/enforcement/guidance-financial-assurance-superfund-settlements-and-orders (PDF 498K)

CERCLA Financial Assurance Sample Documents-Settlements - (4/6/15) Access to six sample CERCLA financial assurance documents for use in connection with settlement agreements: (1) trust agreement, (2) guarantee agreement, (3) financial test sample letters, (4) payment bond, (5) performance bond, and (6) letter of credit, are available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database. Select the financial assurance-settlements link within the database to access each of the sample documents. https://cfpub.epa.gov/compliance/models/

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 Updated Superfund Response and Settlement Approach for Sites Using the Superfund Alternative Approach (SAA Guidance) - (9/28/12) Transmittal memorandum and updated guidance on the selection of and settlements using the Superfund Alternative Approach to ensure consistency between the NPL sites and sites with SAA agreements. OSWER Directive No. 9200.2-125 https://www.epa.gov/enforcement/transmittal-memo-updated-superfund-response-and-settlement-approach-sites-using (PDF 401 K)

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 - (3/16/09) Memorandum issuing interim revisions to the judicial and administrative settlement models issued under CERCLA to clarify certain contribution rights and protection from claims and certain other language following Supreme Court's decisions. https://www.epa.gov/enforcement/model-interim-revisions-superfund-settlement-models-clarify-contribution-rights-and (PDF 84 K)

Interim Revisions to CERCLA Notice Letters and Update of Superfund and Small Waste Contributors Brochure to Notify Potential Settlors about Atlantic Research Corporation Decision - (4/30/08) Transmittal memorandum and six model documents and a brochure regarding contribution claims afforded by de minimis settlements after the Supreme Court's decision in Atlantice Research Corporation. https://www.epa.gov/enforcement/guidance-update-superfund-notice-letters-and-small-waste-contributors-brochure-based-arc (PDF 252 K)

Model Notice of Eligibility to Receive a De Minimis Party Settlement - (4/30/08) Model notice letter regarding eligibility to receive a de minimis party settlement. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=632 (PDF 46 K)

Model Notice Approving Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding approving reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=427 (PDF 48 K)

Model Notice Denying Reduction in Settlement Amount Based on Inability to Pay - (4/30/08) Model notice letter regarding denying reduction in settlement amount based on inability to pay. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=428 (PDF 43 K)

Sample General Notice Letter - (4/30/08) Sample model general notice letter to potentially responsible parties. https://cfpub.epa.gov/compliance/models/view.cfm?model_ID=394 (PDF 51 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)

Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA Section 122g by the Small Business Liability Relief and Brownfields Revitalization Act - (5/17/04) Guidance document and four model notice documents on ability to pay and de minimis revisions to CERCLA 122(g) under the 2002 Brownfields Amendments https://www.epa.gov/enforcement/guidance-ability-pay-and-de-minimis-revisions-cercla-section-122g (PDF 150 K)

Model Notice of Ineligibility to Receive a De Minimis Party Settlement - (5/17/04) Attachment C to Interim Guidance on the Ability to Pay and De Minimis Revisions to CERCLA 122(g) by the 2002 Brownfields Amendments http://www2.epa.gov/enforcement/model-notice-ineligibility-receive-de-minimis-party-settlement (PDF 24 K)

Issuance of Revised Model CERCLA Section 122(g)(4) De Minimis Contributor Consent Decree and Administrative Order on Consent and New Model Ability to Pay Provisions for Use in De Minimis Settlements (Cover Memo and All Attachments) - (8/12/03) Cover memorandum and four attachments containing model language for de minimis settlement consent decrees and/or administrative orders and ability to pay provisions in de minimis settlements for ability to pay and non-ability to pay parties. https://www.epa.gov/enforcement/issuance-revised-model-cercla-section-122g4-de-minimis-contributor-consent-decree-and (PDF 814 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)

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)

Negotiation and Enforcement Strategies to Achieve Timely Settlement and Implementation of Remedial Design/Remedial Action at Superfund Sites - (6/17/99) Memorandum recommends strategies that can be used to encourage PRPs to enter into a settlement using the model remedial design/remedial action (RD/RA) consent decree and discusses the current model language unilateral administrative order (UAO). Also suggests practical alternatives to expedite Superfund settlements and the cleanup process. https://www.epa.gov/enforcement/guidance-strategies-achieve-timely-settlement-and-implementation-rdra-superfund-sites (PDF 50 K)

Transmittal of Addendum to the Interim CERCLA Settlement Policy Issued on December 5, 1984 - (9/30/97) Transmittal memorandum and addendum to the "Interim CERCLA Settlement Policy" issued on December 5, 1984 that provides the Regions with direction for addressing potential compromises of CERCLA cost recovery claims due to the existence of a significant orphan share. https://www.epa.gov/enforcement/guidance-cercla-settlement-policy-interim (PDF 18 K)

General Policy on Superfund Ability to Pay Determinations - (9/30/97) Transmittal memorandum and policy document addressing general issues that apply to the ATP process and ATP settlements. http://www.epa.gov/enforcement/guidance-superfund-ability-pay-determinations (PDF 1618 K)

Issuance of the Interim Policy on Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 107(c)(3) Punitive Damages Claims for Noncompliance with Administrative Orders - (9/30/97) Transmittal memorandum and interim policy for settling CERCLA section 106(b)(1) civil penalty and section 107(c)(3) punitive damages claims for noncompliance with administrative orders (AOs). https://www.epa.gov/enforcement/interim-guidance-settling-civil-penalty-and-punitive-damage-claims-noncompliance (PDF 1317 K)

Defining Matters Addressed in CERCLA Settlements - (3/14/97) Memorandum describes the principles applied in defining "matters addressed" and the application of these principles to the most common types of CERCLA settlements. https://www.epa.gov/enforcement/guidance-defining-matters-addressed-cercla-settlements (PDF 28 K)

Revised Model Notice Language for Compliance with Public Participation Requirements of Section 7003(d) of RCRA - (10/30/96) Memorandum updates instructions for formatting and obtaining publication of the EPA Federal Register notices and to make minor modifications to the notices themselves from 8/16/95 superseded memorandum. https://www.epa.gov/enforcement/guidance-model-language-compliance-public-participation-requirements-under-rcra-section (PDF 79 K)

Overview of Ability To Pay Guidance And Models - (5/1/95) Identifies and briefly describes documents that are relevant to Superfund ability to pay ("ATP") analyses. https://www.epa.gov/enforcement/guidance-ability-pay (PDF 451K)

Developing Allocations Among Potentially Responsible Parties for the Costs of Superfund Site Cleanups - (10/1/94) Serves to assist EPA and the parties paying these costs in examining settlement options that are fair and minimize transaction costs at Superfund sites https://www.epa.gov/enforcement/developing-allocations-among-potentially-responsible-parties-costs-superfund-site (PDF 900K)

Transmittal of Model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions - (8/29/90) Transmittal memorandum and model Consent Decree for CERCLA Section 104(e) Information Request Enforcement Actions. OSWER No. 9834.14. https://www.epa.gov/enforcement/model-cercla-section-104e-information-request-enforcement-actions-consent-decree (PDF 445 BK)

Guidance on CERCLA Section 106 Judicial Actions - (2/24/89) Guidance provides criteria for consideration in selecting and initiating Section 106 Judicial Actions. The guidance also identifies and discusses issues that should be considered in preparation of a section 106 referral. https://www.epa.gov/enforcement/guidance-cercla-section-106-judicial-actions (PDF 425 KB)

Initiation of PRP-financed Remedial Design in Advance of Consent Decree Entry - (11/18/88) Memorandum addresses process for expediting the initiation of response work by PRPs at sites where agreements with PRPs have been reached and where PRPs will agree to begin remedial design work promptly, but where a consent decree has not been entered by the court. https://www.epa.gov/enforcement/guidance-initiating-prp-financed-rd-advance-consent-decree-entry (PDF 278 KB)

Guidance on the Use of Stipulated Penalties in Hazardous Waste Consent Decrees - (9/21/87) This guidance addresses the use of stipulated penalties in civil judicial settlements under CERCLA and RCRA Section 7003. https://www.epa.gov/enforcement/guidance-use-stipulated-penalties-hazardous-waste-consent-decrees (PDF 511K)

Interim Guidance on Settlements with De Minimis Waste Contributors under Section 122(g) of SARA - (6/19/87) Memorandum providing interim guidance for determining which PRPs qualify for treatment as de minimis waste contributors under section 122(g)(1) (A) of CERCLA. https://www.epa.gov/enforcement/guidance-superfund-settlements-de-minimis-waste-contributors (PDF 83 K)

Top of page