Guidance on Administrative Response Cost Settlements under Section 122(h) of211 CERCLA and Administrative Cashout Settlements with Peripheral Parties under 211 Section 122(h) of CERCLA and Attorney General Authority

摘要

The purpose of this memorandum and its attachments is to provide guidance on211u001eadministrative response cost settlements entered under Section 122(h)(1) of the 211u001eComprehensive Environmental Response, Compensation, and Liability Act, and on 211u001eadministrative 'cashout' settlements with peripheral parties under Section 211u001e122(h)(1) of CERLCA and the authority of the Attorney General. Part I of this 211u001ememorandum provides an overview of the guidance and explains the context in which 211u001ethe attached model settlements should be used. Part II of this memorandum 211u001eexplains the statutory provision, defines relevant terms, discusses the various 211u001etypes of administrative response cost settlements and the scope of covenants not 211u001eto sue and reservations of rights in those settlements, provides guidance on 211u001eamount of payment and use of premiums in future cost settlements, provides 211u001eguidance on amount of payment and use of premiums in future cost settlements, and 211u001ebriefly discusses contribution protection clauses in such settlements. Part III 211u001eoutlines how administrative response cost settlements should be documented by the 211u001eRegions and, when necessary, reviewed and approved by the Department of Justice 211u001e('DOJ' or 'the Department') and/or the Office of Enforcement and Compliance 211u001eAssurance in EPA Headquarters ('OECA'). part IV explains the public comment 211u001erequirements for administrative response cost settlements. Finally, Part V 211u001eaddresses enforcement of such settlements.