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

AuthorAllison Rumsey/Michael Daneker
Pages601-643
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.

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