Appendix 20 Revised Model CERCLA De Minimis Landowner Model Consent Decree and Administrative Order on Consent (2004)

• Author: Allison Rumsey/Michael Daneker
• Pages: 601-643

Page 601

1These models do not change EPA’s existing policy on landowner liability titled: “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,” issued on June 6, 1989. The portion of the

guidance dealing with prospective purchaser policy has undergone several revisions since 1989.

U.S Environmental Protection Agency U.S. Department of Justice

May 13, 2004

MEMORANDUM

SUBJECT: Revised Model CERCLA De Minimis Landowner Consent Decree and Revised

Model CERCLA De Minimis Landowner Administrative Order on Consent

FROM: Susan E. Bromm, Director /s/

Office of Site Remediation Enforcement

U.S. Environmental Protection Agency

Bruce S. Gelber, Chief /s/

Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department of Justice

TO: Director, Office of Site Remediation and Restoration, Region I

Director, Emergency and Remedial Response Division, Region II

Director, Hazardous Site Cleanup Division, Region III

Director, Waste Management Division, Region IV

Director, Superfund Division, Regions V, VI, VII, and IX

Assistant Regional Administrator, Office of Ecosystems Protection and

Remediation, Region VIII

Director, Office of Environmental Cleanup, Region X

Director, Office of Environmental Stewardship, Region I

Regional Counsel, Regions II, III, IV, V, VI, VII, IX, and X

Assistant Regional Administrator, Office of Enforcement, Compliance and

Environmental Justice, Region VIII

Deputy Chiefs and Assistant Chiefs, Environmental Enforcement Section,

U.S. Department of Justice

Chief, Deputy Chief and Assistant Chiefs, Environmental Defense Section,

U.S. Department of Justice

Attached are revised versions of the model CERCLA civil judicial consent decree and

model CERCLA administrative order on consent for de minimis landowners under CERCLA

Section 122(g)(1)(B).1 These models supersede the de minimis landowner models issued on June

6, 1989, and are immediately effective.

Page 602 Superfund Deskbook

The models have been updated to bring them into line with the August 12, 2003,

revisions to the model CERCLA Section 122(g)(1)(A) de minimis contributor consent decree and

administrative order on consent. The revisions include two changes that were made to conform

with the statutory amendments to Section 122(g). First, a waiver of claims by the settling party

against all potentially responsible parties at the site is included as required by Section

122(g)(8)(A), 42 U.S.C. § 9622(g)(8)(A). (This waiver is also consistent with the standard

waiver contained in our peripheral party settlements and parallels the waiver of claims against

previously settling de minimis parties contained in the remedial design/remedial action model.)

Second, the certification provision states expressly that the settlor has and will comply fully with

any EPA information requests in recognition of Section 122(g)(8), 42 U.S.C. § 9622(g)(8).

Our thanks to the EPA and DOJ staff who assisted in the revision of these models. If you

have questions about the models, please contact Helen Keplinger, Office of Site Remediation

Enforcement at (202) 564-4221, or Leslie Allen, Environmental Enforcement Section at (202)

514-4114.

Attachments

cc: Scott Sherman, Associate General Counsel for Solid Waste and Emergency Response

Lorna McAllister, Acting Director, Office of Financial Management

Office of Regional Counsel Branch Chiefs

CERCLA Lead Region Settlement Workgroup

Revised Model CERCLA De Minimis Landowner Model Consent Decree and Administrative Order Page 603

U.S Environmental Protection Agency U.S. Department of Justice

May 13, 2004

MEMORANDUM

SUBJECT: Revised Model CERCLA De Minimis Landowner Consent Decree and Revised

Model CERCLA De Minimis

FROM: /s/

Bruce S. Gelber, Chief /s/

TO:

Director, Hazardous Site Cleanup Division, Region III

Director, Superfund Division, Regions V, VI, VII, and IX

Regional Counsel, Regions II, III, IV, V, VI, VII, IX, and X

Landowner Administrative Order on Consent

Susan E. Bromm, Director

Office of Site Remediation Enforcement

U.S. Environmental Protection Agency

Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department of Justice

Director, Office of Site Remediation and Restoration, Region I

Director, Emergency and Remedial Response Division, Region II

Director, Waste Management Division, Region IV

Assistant Regional Administrator, Office of Ecosystems Protection and

Remediation, Region VIII

Director, Office of Environmental Cleanup, Region X

Director, Office of Environmental Stewardship, Region I

Assistant Regional Administrator, Office of Enforcement, Compliance and

Environmental Justice, Region VIII

Deputy Chiefs and Assistant Chiefs, Environmental Enforcement Section,

U.S. Department of Justice

Chief, Deputy Chief and Assistant Chiefs, Environmental Defense Section,

U.S. Department of Justice

Attached are revised versions of the model CERCLA civil judicial consent decree and

model CERCLA administrative order on consent for de minimis landowners under CERCLA

Section 122(g)(1)(B).1 These models supersede the de minimis landowner models issued on June

6, 1989, and are immediately effective.

1These models do not change EPA’s existing policy on landowner liability titled: “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,” issued on June 6, 1989. The portion of the

guidance dealing with prospective purchaser policy has undergone several revisions since 1989.