Appendix 22 Revised Model Settlement Agreement and Order on Consent for Removal Actions
Author | Allison Rumsey/Michael Daneker |
Pages | 689-724 |
Page 689
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REVISED MODEL ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER
ON CONSENT FOR REMOVAL ACTIONS
[NOTE: This model is designed for settlements involving performance of removal actions
that meet the definition of “time-critical” under the “Superfund Removal Procedures:
Revision Number Three” (OSWER Directive No. 9360.0-03B, February 1988). This model
may be modified for use in non-time-critical removal action settlements. In such situations,
users may look to the Revised Model RD/RA Consent Decree (June 15, 2001, or more
recent update), as appropriate.
[NOTE: This January 30, 2007 revision includes the following modifications to the July 9,
2001 revised model:
1) Non-exempt de micromis party waiver language for use at non-NPL sites introduced in
the November 6, 2002, “Revised Settlement Policy and Contribution Waiver Language
Regarding Exempt De Micromis and Non-Exempt De Micromis Parties” (Paragraph 62-
63);
2) Revised model municipal solid waste waiver language introduced in the August 20, 2003,
“Interim Guidance on the Municipal Solid Waste Exemption Under CERCLA § 107(p)”
(follows Paragraph 63);
3) Revised procedure for contesting future oversight costs billings introduced in the
January 21, 2004 “Revised Model Administrative Order on Consent for Remedial
Investigation/Feasibility Study” (Revised RI/FS Model), and also used in the January 5,
2005, “Model Administrative Order on Consent for Remedial Design” (RD Model)
(Paragraph 39);
4) Revised insurance and financial assurance provisions used in the Revised RI/FS Model
and RD Model, as modified by the August 16, 2005, “Revised Financial Assurance
Language of the Model CERCLA Remedial Design/Remedial Action (RD/RA) Consent
Decree” (Paragraphs 71-76);
5) The NPL listing provision for removal AOCs at sites where remedial action is
anticipated introduced by the June 17, 2004, “Revised Response Selection and Settlement
Approach for Superfund Alternative Sites” (follows Paragraph 61);
6) Interim Aviall revisions introduced in the August 3, 2005, “Interim Revisions to
CERCLA Removal, RI/FS and RD AOC Models to Clarify Contribution Rights and
Page 690 Superfund Deskbook
Protection Under Section 113(f)” (revisions include an updated title and changes to Section
XIX, Covenant Not to Sue by EPA, and Section XXIII, Contribution); and
7) Deletion of severability clause from Section XXXI for consistency with the Revised
RI/FS Model and RD Model.]
This model and any internal procedures adopted for its implementation and use are intended as
guidance for employees of the U.S. Environmental Protection Agency. They do not constitute
rulemaking by the Agency and may not be relied upon to create a right or a benefit, substantive
or procedural, enforceable at law or in equity, by any person. The Agency may take action at
variance with this model or its internal implementing procedures.
Revised Model Settlement Agreement and Order on Consent for Removal Actions Page 691
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION ___
IN THE MATTER OF: ADMINISTRATIVE SETTLEMENT
[Site Name] AGREEMENT AND ORDER ON
[City or Town, County, State] CONSENT FOR REMOVAL ACTION
[Names of Respondents (if many, reference
attached list)], U.S. EPA Region ____
CERCLA Docket No. ____
Respondents
Proceeding Under Sections 104, 106(a), 107
and 122 of the Comprehensive
Environmental Response, Compensation,
and Liability Act, as amended, 42 U.S.C. §§
9604, 9606(a), 9607 and 9622
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