Epa/doj Interim Enforcement Discretion Policy Concerning 'windfall Liens' Under Section 107(r) Of Cercla

摘要

This memorandum discusses the United States Environmental Protection Agency's ("EPA" or "Agency") and the Department of Justice's ("DOJ") implementation of new Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") Section 107(r), the "windfall lien" provision of the Small Business Lia bility Relief and Brownfields Revitalization Act ("Brownfields Amendments"), P.L. 107-118. This interim policy describes how EPA and DOJ will generally exercise their enforcement discretion in the context of the new CERCLA §107(r) windfall lien provision. However, because each situation will be fact-specific, EPA does not intend to restrict Regional discretion to make case-specific determinations at variance with EPA's general approach described herein.rnThis interim policy memorandum does three things;rn1. Eirst, it articulates factors that may lead EPA and DOJ to assert a windfall lien and provides examples of situations where EPA will generally not pursue a windfall lien.rn2. Second, this memorandum describes EPA's and DOJ's approach to settling windfall liens. EPA will generally seek only the increase in fair market value attributable to EPA's response action that occurs after a bona fide prospective purchaser acquires a property. In addition, this memorandum discusses how the Agency will generally address situations where a bona fide prospective purchaser acquires a property with an existing CERCLA §107(1) lien.