INDIPAY evaluates individual taxpayers' claims of inability to afford penalties, clean-up costs or compliance costs. INDIPAY can evaluate claims from individuals, partnerships and sole proprietorships. Violators raise the issue of inability to pay in most of EPA's enforcement actions regardless of whether there is any hard evidence supporting those claims. INDIPAY was designed to enable Federal, State and local enforcement professionals to quickly determine if there was any validity to those claims. One of the other computer models, ABEL, does this same analysis for corporations. INDIPAY assesses the two fundamental methods by which an applicant could fund a contribution -- cash flow and a loan from a commercial lending institution. Both of these scenarios compare the maximum contribution the individual can make with the penalty sought by EPA. If this maximum contribution exceeds the penalty amount, the model concludes that the individual can afford to pay and EPA makes no adjustments for inability to pay. If this maximum contribution is positive but less than the penalty amount, the model presents this amount as the partial payment the individual can afford through the particular funding approach. If the applicant's maximum contribution is zero or negative, then the model concludes that the applicant can afford no penalty payment through the particular funding scenario and it directs the enforcement personnel to review other financial reports before making any adjustments downward. INDIPAY, like ABEL, is a tool that promotes quick settlements by performing screening analyses of defendants and Superfund potentially responsible parties (PRP's) to determine their financial capacity. EPA's Office of Enforcement and Compliance Assurance (OECA) has developed a series of models to support its penalty assessment and cost recovery responsibilities. INDIPAY and the four other OECA financial analysis models (ABEL, BEN, CASHOUT, PROJECT) deal with three different financial
issues that frequently arise in enforcement cases. Users do not need any background in computers, finance or accounting to operate them effectively. Primary users will be: attorneys defending firms in environmental enforcement actions and citizen suits; attorneys representing citizen groups that are bringing private enforcement actions; and environmental compliance directors from businesses, municipalities and federal facilities in advising management about potential civil penalty liability for failure to comply with environmental requirements.