Record Display for the EPA National Library Catalog

RECORD NUMBER: 19 OF 96

Main Title Corrected copy of 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
Author Conners, Sandra L. ; Breen, B. ; Gelber, B.
Other Authors
Author Title of a Work
Breen, Barry.
Gelber, Bruce.
CORP Author Department of Justice, Washington, DC. Environment and Natural Resources Div.;Environmental Protection Agency, Washington, DC. Office of Site Remediation Enforcement.
Publisher U.S. Environmental Protection Agency, Office of Site Remediation Enforcement,
Year Published 1998
Report Number PB99-156242
Stock Number PB99-156242
OCLC Number 68906613
Additional Subjects Superfund ; Costs ; Pollution control ; Remediation ; Hazardous materials ; Waste management ; Law enforcement ; Pollution regulations ; Government policies ; Litigation ; US EPA ; US DOJ ; Sites ; Violations ; Penalties ; Payments ; Fines(Charges) ; Funds ; Allocations ; Cost repayments ; Economic analysis ; CERCLA(Comprehensive Environmental Response Compensation and Liability Act) ; Comprehensive Environmental Response Compensation and Liability Act ; Settlement(Law) ; Cleanup ; Potentially responsible parties
Internet Access
Description Access URL
http://cfpub.epa.gov/compliance/resources/policies/cleanup/superfund/index.cfm?action=3&CAT_ID=&SUB_ID=29&templatePage=6&title=Cost%20Recovery%20%28Including%20Bankruptcy%29
Holdings
Library Call Number Additional Info Location Last
Modified
Checkout
Status
ESAD  EPA 1588 Region 10 Library/Seattle,WA 05/19/2006
NTIS  PB99-156242 Some EPA libraries have a fiche copy filed under the call number shown. 07/26/2022
Collation 71 p. ; 28 cm.
Abstract
The purpose of this memorandum and its attachments is to provide guidance on administrative response cost settlements entered under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, and on administrative 'cashout' settlements with peripheral parties under Section 122(h)(1) of CERLCA and the authority of the Attorney General. Part I of this memorandum provides an overview of the guidance and explains the context in which the attached model settlements should be used. Part II of this memorandum explains the statutory provision, defines relevant terms, discusses the various types of administrative response cost settlements and the scope of covenants not to sue and reservations of rights in those settlements, provides guidance on amount of payment and use of premiums in future cost settlements, provides guidance on amount of payment and use of premiums in future cost settlements, and briefly discusses contribution protection clauses in such settlements. Part III outlines how administrative response cost settlements should be documented by the Regions and, when necessary, reviewed and approved by the Department of Justice ('DOJ' or 'the Department') and/or the Office of Enforcement and Compliance Assurance in EPA Headquarters ('OECA'). part IV explains the public comment requirements for administrative response cost settlements. Finally, Part V addresses enforcement of such settlements.
Notes
"December 22 1998." Corrects: PB99-156242. Description based on printed copy of pdf document. Attached to this memorandum is a corrected copy of the September 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." The copy distributed to you previously does not contain Subsection II(c) (Scope of Contribution Protection in Administrative Response Cost Agreements), which is part of the guidance. The five appendices to the guidance are not affected by this error..."