AUG 26 i21-
COST RECOVERY ACTIONS
UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980
(CERCLA)
l',l flnvirenmenta) Protgctign, Agency
Priori V, Library
230 South Dearborn Street
Chicago, Illinois 60604
-------
Environmental Protection Agency
-------
COST RECOVERY ACTIONS UNDER CERCLA
TABLE OF CONTENTS
I. Introduction 1
II. Assembling A Cost Recovery Action 3
III. Elements of a Cost Recovery Action 4
A. Evidence of Release or Substantial Threat
of Release of a Hazardous Substance 6
B. Evidence of Responsibility of Defendants) ... 9
C. Evidence that Removal or Remedial Action
Taken by U.S. or State is Not Inconsistent
With the National Contingency Plan 11
D* Proof of Costs of Removal or Remedial
Action by the U.S. or a State 13
IV. Procedural Issues 16
A. Timing of the Cost Recovery Action 16
B. Statute of Limitations 17
C. Extent of Liability of Responsible Action ... 18
D. The Demand Letter 20
E. Procedure in Event of Response
To Demand Letter 22
1. Negotiating Teams and Procedures 23
2. Form of Settlement Agreement 26
F. Procedure In Event of
No Response to Demand Letter 27
G. Maintenance and Coordination of
Evidence In Event of Referral 29
V. Note on Purposes and Use of This Memorandum 31
•
Appendix A (Costs Recoverable Under CERCLA)
Appendix B (Model Demand Letter)
-------
-------
• Appendix C (List of Documents)
Appendix D (Model Cost Recovery Plan)
Appendix E (Regional Superfund File Structure)
-------
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D C 20460
. MEMORANDUM AUG 2 6 1983
SUBJECT: Guidance on Pursuing Cost Recovery
Actions Under CERCLA
FROM: Courtney M. Price v*x"
/Special Counsel for Enforcement
M. Thomas
Assistant Administrator for
Solid Waste and Emergency Response
TO: Enforcement Counsel
Regional Administrators
Regional Counsels
Associate Enforcement Counsel-Waste Division
Regional Superfund Coordinators
Air and Hazardous Substance Division Directors,
Environmental Services Directors
I. INTRODUCTION
Section 107 of the Comprehensive Environmental Response.
Compensation and Liability Act (CERCLA) provides generally that
past and present owners and operators of a site, and generators
and transporters who contributed hazardous substances to a Rite,
shall be liable (with certain limitations to be discussed herein)
for all costs of removal or remedial action undertaken by the U.S.
government, a State, or any other person, and for damages to or
loss of natural resources.
While it is highly desirable to obtain removal and remedial
action in the first instance by responsible parties, rather
• *
than by the Environmental Protection Agency (EPA) or a State,
there are and will continue to be many cases in which the Agency
will authorise the use of CFRCLA funds from the Hazardous Substance
-------
-2-
Response Trust Fund (the Fund) established by CERCLA for these
actions, and thereafter attempt to recover those costs from the
party or parties who are liable under Section 107 of the Act and
other authorities.
Due to the possibility of cost recovery efforts in any case
in which CERCLA funds are expended, the observation, documentation
and preservation of critical facts and response costs is important
to assure that:
* potential evidence concerning the site I/ and responsible
parties is noted and documented before response activity
or the passage of time obscures or eliminates it;
* physical evidence essential at trial is collected and
preserved appropriately; and
* sufficient evidence of total costs and claims paid from the
Fund has been maintained anfi is available to support recovery
by the government.
This memorandum describes essential elements which the
government will probably be called upon to prove in a cost
recovery action; the assembly and maintenance of a file; some
examples of appropriate documentation for each element of the
cause of action; procedures for processing and negotiating cost
recovery claims; and the mechanics of repayment of any recovery to
the Fund. This g'uidance must be observed by EPA employees,'con-
tractors, and, where appropriate, employees of State agencies
working on a site on which CERCLA funds are expended under an
_!/ The word "site" as used herein applies to any location where a
"release or spill has occurred, and maybe used interchangeably with
"facility" as defined in CERCLA $101(9).
-------
-3-
EPA-State cooperative agreement, in every situation in which CERCLA
funds are expended for site clean up, since each of these sites is
the subject of a potential cost recovery action. The Office of
Waste Programs Enforcement is preparing an additional cost docu-
" mentation guidance; please contact Libby Scopino (382-4482) for
assistance.
II. ASSEMBLING A COST RECOVERY ACTION
The assembly of evidence for a cost recovery action begins
with the first response action taken under Section 104 of CERCLA.
The filing of a cost recovery action should be presumed; accordingly
the collection of relevant documentation is important. Generally,
the government will pursue a cost recovery action when there is a
solvent responsible party.2_/ Where other government action against
the responsible party is contemplated or pending, such as a judi-
cial action under Section 7003 of RCRA or Section 106 of CERCLA to
compel remedial measures at a site, a cost recovery count under
Section 107 of CERCLA for removal or remedial costs can be added
to the ongoing litigation.
The Regional Program office has the responsibility of
collecting and maintaining the documents used as evidence in
cost recovery actions. In matters which require legal opinions
(such as the legal right of the Agency to enter a facility) or the
preparation of legal documents, the program office should consult
with and obtain the assistance of the Regional attorney or the
appropriate Headquarters attorney.
2/ For a discussion of the factors to be considered in determining
whether to file a cost recovery action, see Part IV.F.
-------
-4-
III. ELEMENTS OF A COST RECOVERY ACTION
Under Section 104 of CERCLA, the U.S. or its authorized
representative may take removal or remedial action at a site
when, inter alia, any hazardous substance is released or there
is a substantial threat of such a release into the environment,
unless EPA determines that such action will be done properly
by the owner or operator or by any other responsible party.
The government may pursue an action under 5107(a) for (1)
costs of removal or remedial action incurred by the U.S. not
inconsistent with the National Contingency Plan (NCP), or
(2) claims paid by the Fund for costs of response incurred
by a state not inconsistent with the NCP, or by other parties
not inconsistent with the NCP._3/ Section 104{b) also authorizes
the recovery of costs of sampling, analysis, monitoring and
«
surveying programs, and certain other costs, including those
_3/ There may also be a claim made by trustees under Section . "
107(a)(4)(c) of CERCLA for damage to or loss of natural resources.'
However, until regulations for assessment of natural resource
damages or destruction are promulgated pursuant to Section 301(c)
of the Act, claims for such damages will he assessed on a case-by-case
basis. The best records available on those damages should be
maintained until specific guidance is developed on that subject.
-------
-5-
for planning, legal and engineering services.4/
Therefore, to successfully pursue a cost recovery action, EPA
should be prepared to introduce evidence demonstrating:
1. release of a hazardous substance or the substantial threat
of such a release; and
2. the responsibility of the defendant(s); and
3(a), removal or remedial actions taken by the U.S. or the
State which were not inconsistent with the NCP 5/; and/or
4. the costs of action taken by the U.S., a State, or
any other person.
The financial condition of a responsible party is not an
essential element of proof of the cause of action.jj/ Even so, the
financial condition of the responsible parties may be considered
in determining the feasibility of a cost recovery action.
4_/ For a list of costs which are recoverable under CERCLA, see
Appendix A.
5/ Although Agency policy is to maintain evidence that its
response activities are not inconsistent with the NCP, the Agency takes
the position that the defendant has the burden of proof on this issue.
£/ While we do not believe that it is necessary to introduce
evidence that removal and remedial action would not have been
done properly by the owner or operator of a facility or by any
other responsible party, it would be prudent to have available
evidence of efforts by the Agency to obtain private party response
action at the site. The notice letters forwarded by the Agency
to potentially responsible parties and their responses are
examples of such evidence.
-------
-6-
The chief elements of a cost recovery action and the
nature of evidence required to sustain them are discussed below.
A. Evidence of Release or Substantial Threat of Release
of a Hazardous Substance
A release of a hazardous substance or the substantial threat
of such release from a facility must be shown. The term "hazardous
substance" includes inter alia, any material designated as hazardous
or toxic under the Clean Water Act, Toxic Substance Control Act,
or the Clean Air Act or designated as a hazardous waste under RCRA
(see 40 CFR 302). The definition should be consulted since it
does not include every pollutant or contaminant._?/
Appropriate documentation of evidence of a release or sub-
stantial threat of release includes field notes, photographs of
the scene, statements from witnesses, statements from owners or
operators, follow-up narrative reports or memoranda describing the
scene or observations first hand, samples of air, soil, water or
leachate discharge and laboratory analyses of the samples. Evidence
!_/ Section 104 (a) of the Act authorizes the President (or his
designee) to take response action whenever there is a release or
threat thereof of a hazardous substance, or whenever there is a
release or substantial threat of a release of "any pollutant or
contaminant which may present an imminent and substantial endanger-
ment to the public health or welfare...". However, Section 107
refers only to liability of owners, operators, transporters and
generators for tfosts incurred in responding to releases or'threats
of releases of "hazardous substances". It is not clear whether
those persons may also be liable under §107 for costs incurred in
responding to'releases or threats of releases of any pollutant or
contaminant which is not a defined hazardous substance, but which
may present an imminent and substantial endangerment. The government
intends to hold such persons liable for those costs under both section
107 of CERCLA and the common law theory of restitution.t
-------
-7-
collected must be sufficient to demonstrate this aspect of the
case.
There are three important considerations here.
First, samples, records of the owner/operator, or other
evidence sufficient to establish the identity of hazardous sub-
stances involved should be collected.
Procedures similar or identical to those used by the National
Enforcement Investigations Center (NEIC) jy should be followed, as
should the requirements of Section 104(e ) (1)(B ), which provides
for furnishing a receipt to the owner/operator for any samples
taken (and a split sample, if requested). Observance of chain~of-
custody procedures is necessary to demonstrate at trial that
samples analyzed as hazardous substances did, in fact, originate
at the site.
Collecting more data and documentation about sites than is
reasonably necessary may increase total response costs to an
unduly high level and delay clean-up activities and cost recovery.
The number of samples collected is primarily a matter within the
judgment of the Regional and Headquarters Superfund Offices, and
will necessarily depend to a great extent on the site and the
affected areas of the environment. These Offices should consult
v/ith the Regional Counsel prior to collecting "samples. However,
the Agency should generally collect only enough samples to 'determine
(1) that a hazardous substance is present on the site; (2) that a
8y NEIC Policies and Procedures Manual, May, 1973 (rev%, Dec.
1981), EPA Document No. 330-9-78-001-R.
-------
-8-
release of the hazardous substance is substantially threatened or
has occurred; and (3) what response is appropriate. Only unusual
circumstances (e.g., to satisfy doubts over validity of previous
samples, to determine whether concentrations of hazardous substances
are increasing, etc.) would justify incurring significant additional
costs for any additional sampling and analysis.
Samples should be taken in accordance with EPA-approved
protocols and procedures developed by NEIC and contained in its
Policies and Procedures Manual referred to above or similar
procedures.
Second, collection of this evidence should begin immediately
upon the start of any investigation into whether some response
activity (including sampling and surveying) may be needed at the
site in response to a release or threat of release. Passage of
time or deliberate interference by other parties may literally
destroy the evidence. Similarly, a" long delay between the initial
observation and the trial, or the initial observation and the
recordation of that observation, will make testimony by witnesses
about the site more difficult. Photographs of the scene before,
during and after the response action are frequently helpful in
preparing witnesses to testify, and in providing a visual record
to the Court of conditions that prompted the response activity.
Field notebooks and the results of laboratory analysis are
• *
critical in showing the conditions that existed at the site and
establishing a potential link to the defendant. Sampling and
analysis should be conducted with particular concern for accuracy,
-------
-9-
detail, completeness and quality, since these documents are likely
to be subject to close scrutiny by responsible parties and the
court. The NEIC has developed inspection and analysis procedures
• to assure high quality evidence and documentation for trial.
Observance of NEIC procedures assures a consistently high quality
of evidence, and should be followed by EPA employees, other federal
agencies, contractors, and State agencies which have entered into
an EPA cooperative agreement for response using CERCLA funds.
Third, for ease of assembling the case and presenting it for
trial, the following people should be identified by name, relevant
qualifications or connection to the case, and information about
how to contact them in the future: 1) persons who participated
in the site inspection, sampling, analysis or photography; 2)
persons who may have historic or current information from personal
observation, 3) people who gave or refused to give statements.
B. Evidence of Responsibility of Defendants )
In most cases, the liability of defendants will be demonstrated
by establishing the elements in subsections (l)-(4) of «107(a).
EPA personnel have a variety of techniques to gather evidence
connecting the hazardous substance with the potentially responsible
party or parties. For example, a deed or lease evidences the
• . responsibility of owner or operator of the site. Less formal
evidence can also be helpful in tracing responsiblity. The operator's
• *
presence at the site over a period of time will usually be noted
by employees, neighbors, law enforcement officers, competitors or
others close to or interested in such activities. Those observations
should be recorded in signed statements or affidavits. »In addition,
-------
-10-
the activities of operators of a site may require a license or
permit under State or local laws and regulations. The appropriate
agencies should be consulted to determine whether they have any
record of activities by an operator of the site.
The problem of linking a transporter or generator of a hazardous
substance to a site is frequently a more difficult undertaking.
The following detection sources may prove fruitful. Often, operators,
generators, and transporters have records of business transactions.
Drums located on-site may bear labels or markings with the name of
a generator; these drums or labels should be preserved, if possible,
or photographed, and the photographs labeled for identification
and future use as possible evidence. Under certain circumstances
the case development team may decide to perform a chemical analysis
of the waste to assist in establishing the similarity between the
wastes and a particular company's process.9/ (Information regarding
parties and sites may also be obtained by use of letters issued
under authority of RCRA Section 3007 and CERCLA Section 104(e)).
Again, local residents, law enforcement officials or compe-
titors may be sources of information on transporters of material
to the site or in the general vicinity. Employees or former
employees of a generator or transporter may be willing to discuss
the disposal practices of -their employers, and if so, signed
statements or affidavits, if possible, should be obtained from
them.
£/ Information on the composition of waste streams associated
with various industrial processes may be obtained from the Hazardous
and Industrial Waste Division (WH-565), Office of Solid Waste, U.S.
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.
20460.
-------
-11-
C. Evidence That Removal or Remedial"Action Taken By the U.S. or
State Is Not Inconsistent With The National Contingency Plan
Pursuant to Section 104 of CERCLA, after information is
gathered that a release has occurred or is threatened, a variety
-of actions may be taken by EPA or a State. Among those actions
are:
(i) Investigations, monitoring, surveys, testing and other
information gathering as may he necessary and appropriate to identify
the existence and extent of the release or threat thereof, the
amount, source and nature of the hazardous substances, and the
extent of danger to public health, welfare or the environment. In
-addition, such planning, legal, fiscal, economic, engineering,
architectural and other studies or investigations may be undertaken
as necessary and appropriate to plan and direct response action;
(ii) "Removal actions", as the term is defined in Section
101(23) of CERCLA, and which includes, without limitation, security
fencing, provision of alternative temporary water supplies, and
temporary evacuation and housing of threatened individuals. In
addition, EPA may take such other action as may be necessary
to prevent, minimize or mitigate damage to public health, welfare
or the environment, such as removal of materials, temporary diking
and other easily accomplished actions? and
(iii) "Remedial actions", as the term is defined in Section
101(24) of CERCLA, including installation of a clay cover, dredging
or excavations, collection of leachate and runoff, on-site storage,
treatment or incineration, provision of alternative water supply
and clean-up of released hazardous substances. Subject to some
restrictions, it may also include permanent relocation o>f residents
and business and community facilities, and off-site transportation,
-------
-12-
storage, treatment or disposal of hazardous substances.
In a cost recovery action, two factors are important in the
development and preservation of evidence regarding the appropriate- •
ness of the action taken by EPA or the state. These factors are:
A. The action was not outside what CERCLA allows.
B. The action taken must be "not inconsistent" with the NCP.
Therefore, the NCP should be referred to and all persons involved in
the decision-making process should be familiar with its requirements
and limitations before decisions regarding actions are made IP/.
Those decisions should be documented by notes, memoranda, letters
and other written records maintained in the appropriate files.
Under the NCP, remedial actions must also be shown to provide
a cost-effective response. A cost-effective remedy is one which,
among the alternatives examined, is least costly but technologically
feasible, reliable and adequately protects public health and the
environment. In addition, under the Section 104 (c)(4) balancing
test, the Agency should document remedial actions to refute any
claims that the remedy was not cost-effective. Measures of cost-
effectiveness includes the protection afforded public health,
welfare and the environment-by the remedy. In "immediate removal"
actions it will be especially important to document the circumstances
which justify the need for immediate action. As provided in section
300.65 of the National Contingency Plan, an immediate removal is
• ' *
appropriate when the lead Agency determines that the initiation
of immediate removal action will prevent or mitigate immediate
risk of harm to human life or health.
1
-------
-13-
Immediate removals are appropriate in such situations as: 1)
human, animal, or food chain exposure to acutely toxic substances;
2) contamination of a drinking water supply; 3) fire and/or
explosion; or 4) similarly acute situations.
Evidence of the cost-effectiveness of a particular remedial
action may be demonstrated by the following evidence which is
contained in summary form in the record of decision:
0 studies showing the technical feasibility and probable
cost of alternative remedial actions on the particular
site;
0 information that shows the degree of risk to public health,
welfare arid environment presented by the particular site
(i.e., population threatened, media affected, toxicity of
the hazardous substance involved, etc.);
0 other documentation generated in consideration of the
various factors required by Section 300.68 of the NC?. •
All such evidence should be documented by written studies,
reports, letters, memoranda, notes, minutes of meetings and any
other record of the relevant bases for taking a particular remedial
action.
D. Proof of Costs of Removal or Remedial Action by the U.S.
or a State
•••MIMI^»«B_««r«>^BMMnV^^^«*M^^^_^a«B«V_^««^BP«M«««^MM^~^-IB^B.^^B»««B^_«BI^B^-«B~«> ,,
Collecting evidence of costs of removal or remedial action
taken on a site is likely to be a time consuming task. Documents
must be obtained from a variety of participants in the cleanup
activity: agencies, contractors, and others. The success of
-------
-14-
government cost recovery actions depends upon the use of good
bookkeeping and record collection techniques.
Certain costs expended on removal and remedial action are not
recoverable. For example, no recovery under CERCLA is permitted
where response costs resulted from application of a FIFRA-registered
product (see Section 107(i)), or from a Federally-permitted release
(see Section 107(j)). In borderline cases, it should be assumed
that removal and remedial action costs are recoverable and records
developed and maintained with this expectation.
A variety of mechanisms are available for tracking costs.
While EPA prefers the uniformity of a single accounting system,
the particular method of accounting may vary if it ensures accurate
record keeping and preservation of all costs attributable to a
particular site. To further this objective, cooperative agree-
ments between EPA and a State, or contracts between EPA and a
contractor for performance of response activity on a site, should
specifically require that accounting procedures used by the State
or contractor be approved by EPA.
An accounting and expense-tracking system is already in
place at EPA, and should be followed closely by all EPA personnel,
contractors and State agency personnel working on CERCLA-funded
sites. This system generally involves the assignment of a unique
accounting number to each specific site, and the charging of time,
material and other expenditures to that account number. The site
number is assigned by Headquarters based on a request from the
Regional Office and confirmation of an approved Federal response.
-------
-15-
In addition, activity codes have been devised under which different
activities and phases of site clean-up and remedial action may be
described. Questions regarding the specifics of these accounting
procedures should be directed to the Financial Management Center
in the Office of Emergency and Remedial Response (FTS 382-2208).
Evidence of the cleanup costs should be preserved and avail-
able for introduction into evidence. This could include such
documentation as receipts for money paid for goods or services;
cancelled checks; contracts and any amendments thereof; purchase
orders; invoices; records of time spent, where the claim includes
the value of such time; travel records and vouchers; and records
of all correspondence or other communication regarding the actual
costs, as well as progress reports on the work performed. The
names, addresses and telephone numbers of all persons maintaining
the regular business records of contractors, agencies or persons
outside EPA should also be maintained for ready reference, il/
ll/ The Emergency Response Division of the Office of Solid Waste
and Emergency Response of EPA is developing a field manual entitled
"Cost Control Management for Superfund Removal" for immediate and
planned removal "actions. This manual presents a management system
for Cn-Scene Coordinators for controlling, verifying, and documenting
all costs incurred in a removal action.
-------
-16-
IV. PROCEDURAL ISSUES
A. Timing of the Cost Recovery Proceeding
While the Office of Waste Programs Enforcement will work with"
the Regional Program Office in setting priorities for cost recovery, -
the following basic timing guidelines are offered. Cost recovery
actions for expenses incurred in immediate or planned removals
will normally not be initiated until after such response activity
has been completed, since the time required for those activities
is relatively short. However, a cost recovery action need not be
delayed where the Agency establishes a multiphase response action
(e.g., surface clean up, groundwater clean up). A cost recovery
action can begin before completion of the last phase of response
activity for costs expended to date and also for calculable future
costs.
Where one stage of cleanup follows another in fairly rapid suc-
cession, cost recovery actions should be initiated after the cleanup
is fully completed. In situations where there are substantial delays
between phases, however, the Agency may decide to commence a recovery
action at an intermediate stage. In these instances, negotiations
regarding recovery of expenditures may be combined with discussions
with responsibile parties over prospective cleanup activities.
Generally, an action will not be filed for recovery of a remedial
investigation/feasibility study or the cost of design prior- to the
filing of an action for recovery of construction costs.
-------
-17-
B. Statute of Limitations
CERCLA does riot contain a time limitation provision within
which a cost recovery action must be brought. In the absence of
a specific statutory provision, the Federal statute of limitation
would apply. There is some doubt at this time as to precisely
which limitation period will be applied to a cost recovery action.
Limitations for actions brought by the United States for money
damages are contained in 28 USC Section 2415f which distinguishes
between actions based in tort or in contract. Because cost
recovery actions are essentially quasi-contractual actions in
the nature of restitution, a six year statute of limitations if
any, should apply. However, since it is possible that a court
may see CERCLA actions arising out of the tortious conduct of
others, cost recovery actions should be brought within three
years after the right of action accrues.
The date the cause of action accrues is also subject
to debate. In United States v. The Barge Shamrock et al, 635
F.2d 1108, 1110 (4th Cir., 1980), cert, den. 102 S.Ct. 125 (1981),
the Fourth Circuit held that a cost recovery action under the
Federal Water Pollution Control Act arising out of an oil spill
first accrued when the government completed the cleanup^ operation.
On the other hand, a defendant might well be expected to argue
that the cause of action accrues at the time funds are first
expended on the site. In order to avoid argument on this point,
-------
-18-
and to eliminate a potential bar to recovery, the Agency should
attempt to commence all cost recovery action within three years of
the date dollars are first expended.
C. Extent of Liability of Responsible Parties
While CERCLA Section 107{a) identifies parties who are
responsible for the costs of response actions at a site, the
statute does not expressly set forth the the nature of that
liability. Language which imposed "strict, joint and several"
liability on the responsible parties was dropped from earlier
drafts in the final, compromise bill, and replaced with a definition
in Section 101 of "liable" or "liability" which refers to the standard
of liability which obtains under Section 311 of the Federal Water
Pollution Control Act. Section 311 is a strict liability statute.
City of Philadelphia v. Stepan Chem. Co. , 5^4 F. Supp. 1135, 1140.
n.4 (E.D. Pa. 1982). Moreover, section 311 imposes joint anrl
several liability, U.S. v. M/V Big Sam, 681 F.2d 432,439 (5th Cir.),
on pet. for reh., 693 F.2d 451 (5th Cir. 1982).
The position of EPA is that in appropriate circumstances, joint
and several liability is applicable under CERCLA. This position is
supported by reference to section 311, by the legislative history of
CERCLA 12/, and by Section 107(e)(2) of CERCLA, which provides that
nothing in CERCLA "shall bar a cause of action that an owner or
. *
operator or any other person subject to liability under this section.-..
has or would have by reason of subrogation or otherwise against any
person."
12/ 126 Cong. Rec., S.19964 (daily ed. Nov. 24, 1980);
126 Cong. Rec., H.11707 (daily ed. Dec. 3, 1980).
-------
-19-
Th e Department of Justice has interpreted this section as confirm-
- ing a defendant's right of contribution against other responsible
parties, which is only of value to a defendant who has been
held jointly and severally liable 13/.
Joint and several liability is traditionally imposed when
the actions of two or more defendants cause a single, indivisible
result, (Prosser, Law of Torts, (4th ed. 1971), Sec. 52.) That
determination may involve factual issues. Therefore, where
two or more parties in the categories of responsible parties listed
in Section 107(a) contribute hazardous substances to a facility
which are being released, threaten to be released, or are contributing
to the release or threat, the Agency may argue that those parties
are jointly and severally liable for the costs of responding to
that release or threat.
This of course does not foreclose the Agency from entering
into consent decrees or other appropriate agreements with multiple
responsible parties in which they agree to allocate the Agency's
response costs among themselves. The Agency is primarily con-
cerned with achieving cleanup of hazardous sites, preferably by
private action, and there are many reasons why responsible parties
may wish to share the costs. However, this is primarily a matter
for the responsible parties, and if they cannot agree among
• *
themselves on an appropriate allocation of responsibility, EPA
should proceed with legal action on a theory of joint and several
liability.
13/ Letter dated December 1, T§"8l5^ from "Alan A. Parker, Assistant
Attorney General, Office of Legislative Affairs, to Hon.
James J. Florio, 126 Cong. Rec. H11738 (daily ed. Dec. 3, 1980).
-------
-20-
D. The Demand Letter
The first formal step in the commencement of a cost recovery
proceeding will be the issuance of a letter of demand from EPA to
the potentially responsible party or parties for payment of
costs expended on the site. A demand letter should be sent to
all parties in a case who have been identified as potentially
responsible (i.e., past and present owners/operators of a site
and generators and transporters who contributed hazardous sub-
stances to a site), and should be issued after all response
activity has been completed, or at the completion of one phase
of a multi-phase response where the entire process will require
an extended period of time.
Before a demand letter is sent, the potential case should
be analyzed for the elements in part III above, including ident-
ification of all potentially responsible parties (including
responsible individuals in corporations where appropriate) and
assembly of cost information. At the time the demand letter is
sent, the Agency should be able to answer reasonable questions
posed by a recipient of the letter. Regional personnel should
have referred the case to Headquarters (or recommended against
an action) and Headquarters staff should have resolved their
position on a referral so that the Government is prepared to
file a complaint if the response to the demand letter is unsat-
isfactory .
The letter should be issued where response costs have been
incurred under CERCLA, regardless of whether a decision,has been
-------
-21-
made to initiate a judicial proceeding for cost recovery.
The demand letter should contain the following points:
0 reference to EPA's authority to administer CERCLA and
the Fund established thereunder (or reference to
authority to recover costs where the response activities
for which reimbursement is sought occurred prior to
CERCLA);
0 the location of the site;
0 the presence of a hazardous substance which was re-
leased or threatened to be released;
0 in general terms, the dates and types of response activity
undertaken by EPA at the site;
0 any notice given to the recipient prior to or during the
response activity, allowing the recipient the opportunity
to undertake the work or pay the expense of response;
0 the total cost of the response activity 1_4/ broken down into
general categories;
14/ The amount stated in the demand letter should be the total
obligated by the Agency to be expended on the site, rather than
the amount shown by Agency records to have been expended on the
site at the time the letter is prepared. This is to avoid problems
caused by delays in payment of response costs after a demand letter
has been forwarded to the responsible party. Even so,' available
records should be assembled as soon as possible. Where it
is expected that future costs will be paid (e.g., in the
next phase of response activity), the letter should also
clearly state that in addition to the sums already obligated
and spent, the Agency expects to expend additional sums on
the site for which claim will be made against the responsible
party. Of course, in a judicial proceeding in the cost
recovery action, the Agency will be required to prove the
actual amounts spent from the Fund.
-------
-22-
0 a general statement that the Agency believes that the
recipient is a responsible party and liable for the sum
set forth;
0 a demand for payment;
0 a statement that the recipient of the letter should conta"ct
EPA within a specified period (normally thirty days) to
discuss the account and the recipient's liability therefor;
8 a warning that if recipient fails to contact the Agency
within the specified time, a suit may be filed in the
appropriate U.S. District Court for recovery of the
claim? and
0 the name, address and telephone number of a representative
of the Agency who the recipient, should contact. A sample
demand letter is attached to this memorandum as Appendix B.
The primary responsibility foe preparation of the demand
letter will be in the Regional Program Office. The Regional
Program Office should consult with the representatives from
OWPE, Regional Counsel, and Office of Enforcement Counsel-Waste.
The demand letter will be sent through the Office of Waste Programs
Enforcement for the signature of the Director of OWPE unless
that requirement is specifically waived. If a case is referred
to DOJ, the DOJ case attorney should sign the demand letter.
E. Procedure In Event of Response From Potential Defendant
In many cases, the recipients of demand letters will contact
the Agency and express interest in discussing their status as a
responsible party. The Agency encourages such negotiations.
-------
-23-
CERCLA money is limited; Agency cleanup activities deplete the
fund and money must be recovered from the parties responsible
for the release or threat of release. Therefore cost recovery
through negotiation or litigation is necessary to clean up the
greatest number of sites. Cost recovery should involve the
coordinated efforts of knowledgeable legal and technical personnel
at both the Regional and Headquarters offices as explained below.
!• Negotiating Teams and Procedures
Upon receipt of a response to the demand letter from a
potentially responsible party, the contact person named in the
demand letter will notify the Associate Enforcement Counsel for
Waste/ the Regional Counsel, the Director of OWPE and the Regional
Superfund office. Each of those offices will, upon notification,
identify the person who will represent it on the negotiating
team. (The Department of Justice may participate in cases which
are likely to result in consent decrees or litigation.)
The formulation of the Agency's position results from the
collaboration of the Team. In some policy decisions the entire
Team has relevant background to participate in the decision making
process. However the specialized legal or technical talent on
the Team should be efficiently used.
The Team has the responsibility for developing a proposed
negotiating schedule. The proposed schedule should have the
concurrence of the Associate Enforcement Counsel for Waste *and
the Director, OWPE in cases of national significance.
-------
-24-
Some factors which should be considered in the development
of this schedule are the number of potentially responsible parties
who will take part in the negotiations; the nature of the potential ;
defenses; the amount of available data linking particular parties
to the site; the amount of the claim, and other related matters.
Sufficient time should be allowed for the negotiation process to
take place, but it is important that a deadline be established as
a goal for achieving a settlement, and beyond which the negotia-
tions will not continue, absent clear indications that a settlement
is imminent. A reasonable period of time for most negotiations is
60-90 days; negotiations should not be extended without Headquarters
approval. A referral should be submitted by the Region and approved
by Headquarters, and a complaint should be prepared and approved
by the Department of Justice, prior to the conclusion of negotiations
so that an action may be filed if negotiations are not resolved by
the deadline.
a. Case Team Leader. Contemporaneous with the formation of
the Negotiating Team, Regional and Headquarters program managers,
in consultation with OLEC, will select a program official to serve
as the Case Team Leader. The Case Team Leader's function will be
to:
0 focus efforts to develop, in advance of negotiations', the
Agency's negotiating strategy and position on issues that
may arise during the course of the case;
0 ensure the' coordination of legal and technical staff par-
ticipation on the team by scheduling and chairing regular
case review sessions; and
0 define the Agency's objectives in accordance with applicable
Agency guidances and policies.
-------
-25-
On occasion, the Team may be unable to develop a consensus
on a cost recovery issue. When this occurs, the Case Team Leader
will prepare a written explanation of the issue for resolution
by the appropriate supervisory staff.
b. Lead Negotiator. Regional Counsel and Headquarters Enforce-
ment Counsel managers, in consultation with the Director of OWPE,
will select the lead Agency attorney for the case.
Although a Regional Counsel attorney will usually be designated
as the lead Agency attorney, in cases of national significance or
which may be precedent-setting an attorney from OEC-Waste may be
selected. The extent of Headquarters involvement will be decided
on a case-by-case basis by the Assistant Administrator for Enforce-
ment, (or the Special Counsel for Enforcement until the Assistant
Administrator position is established). The Department of Justice
should also be consulted and invited to participate in negotiations
of cases which are likely to result in a consent decree or litigation,
particularly in multiparty and complex cases.
The Team's lead attorney will be responsible for conducting
cost recovery negotiations. Although the attorney is primarily
responsible for explaining and defending the Team's position during
negotiations, he or she may request other Team members' assistance
in articulating the Team's position to opposing parties.
At the initial negotiation session, the lead attorney should
inform opposing -parties that while the Team has authority to negotiate,
any agreements are subject to the approval of Enforcement Counsel and
OSWER. The opposing parties should also be advised that the Agency
has established a deadline for settlement. The deadline should be
disclosed to the responsible parties. After the deadline, the
Agency will take judicial action.
-------
-26-
2. Form of Settlement Agreement
CERCLA allows the Agency several ways the Agency could
settle a cost recovery action:
0 a consent decree
0 an administrative order
0 a memorandum of agreement.
However, as a matter of policy, the Agency has decided that a
consent decree is required in most cases. A forthcoming policy
will set out the requirements for using consent decrees and another
one will address administrative orders.
Again, it should be pointed out that the negotiating Team
«
is not authorized to enter into a binding agreement of any type
with the responsible parties in the absence of specific authori-
zation from the Enforcement Counsel and OSWER. Consent decrees
must also be approved by the Department of Justice and the reviewing
court (after a thirty day public comment period). A draft of any
document which is to be the subject of negotiation should, of
course, be reviewed before commencement of negotiations by appropriate
supervisors of the negotiating Team at the Region and Headquarters,
and any document which the negotiating Team and their supervisors
believe to be acceptable for settlement should be forwarded to the
Assistant Administrator for Enforcement, the Director of OW?E and
the Department of Justice at the earliest possible time to allow for"
*
adequate review.
The Agency may allow some settlements in which the responsible
party agrees to pay the claim in periodic payments where the party
is unable to pay in a lump sum, or where there is other legitimate
i
reason for delayed payment. Before considering installment payments,
-------
-27-
however, the Economic Analysis Division of the Office of Policy
and Resource Management (FTS 382-2764) and the Financial Management
Division of the Office of Administration (FTS 382-5135) should be
consulted in order to obtain a review of the financial condition
of the responsible party and to determine any applicable interest
-» •
charges.
Payment of cost recovery claims should be made payable to the
U. S. Environmental Protection Agency and should be mailed to:
U.S. Environmental Protection Agency
Accounting Operations Office
P.O. Box 2971
Washington, D.C. 20013
Attn: Collection Officer for Superfund
The check or other form of payment should specify the name of
the site at which the activity took place. The lead attorney is
responsible for furnishing copies of judgments, decrees or agreements
for payment of cost recovery claims as early as possible to Financial
Reports and Analysis, Room 3617M, O.S. EPA, 401 M Street, Washington,
D.C. 20460, for establishment of a proper account.
F. Procedure in Event of No Response to Demand Letter
If no response is received to the demand letter, a final
determination must be made of whether the facts of the case justify
the Agency taking further steps to pursue the cost recovery claim.
A decision whether the case should be referred to DOJ should be
» «
made by the Region as well as staff at Headquarters at the time
the demand letter is drafted. This decision will initially be
made by the Regional Administrator, based on the recommendation of
the Regional Superfund Office and the Regional Counsel^
-------
-28-
Relevant factors to consider include:
(a) the strength of evidence connecting the potential defen-
dant(s);
(b) the availablility and merit of any defense. Possible
defenses under Section 107 of CERCLA are generally that
the release and consequent response action was the result
of:
(1) an act of God;
(2) an act of war; or
(3) an act or omission by an unrelated third party as
to whom the owner/operator had no contractual relations
and did not fail to exercise appropriate care against
the foreseeable acts and omissions of that third party.
(c) the quality of release, remedy and expenditure documentation
by the Agency, a state or third party;
(d) the financial ability of the potential defendant(s) to
satisfy a judgment for the amount of the claim or to pay
a substantial portion of the claim in settlement; and
(e) the statute of limitations.
In considering the ability of the potentially responsible
Ik
party or parties to pay, the Regional Offices should make use of
the Financial Assessment System, developed by the Economic Analysis
Division of the Office of Policy and Resource Management and
managed by NEIC, to assess the financial condition of most
potentially responsible parties.
The .determination of the Regional Administrator to initiate
a cost recovery action shall be forwarded by a memorandum from
the Regional Administrator to the Assistant Administrator for
Enforcement for concurrence in the same manner as the referral of
other matters for litigation. A decision not to initiate a cost
recovery action must be reflected in a memorandum to OWPE. An
-------
-29-
affirmative decision must be made by the Regional Administrator in
each case in which CERCLA funds are expended, whether that decision
be to proceed or not to proceed. This is necessary because of the
Agency's accountability for management of the Fund.
After OEC concurs on pursuing the cost: recovery" action,
OEC refers the case to the Department of Justice, together with
the names of the appropriate Headquarters and Regional personnel
who will be involved in the case. If the Department of Justice
fails to concur, the originating Regional office is advised of such
non-concurrence, together with the reasons therefor, and recommend-
ations as to whether additional information should be provided for
DOJ's reconsideration. Even though a Region may recommend against
pursuing a cost recovery action, the Assistant Administrator for
OSWER may decide on his own initiative that such an action is
warranted. This recommendation would then be sent to OEC for
consideration.
G. Maintenance and Coordination of Evidence in Event of Referral
There will inevitably be logistical difficulties in maintaining
and coordinating the production of the mass of data, contracts,
cost records, and other evidence generated in a response activity.
It is very important to provide for an orderly method of expeditiously
providing that information during the course of a cost recovery
action for use during case development, discovery, and trial.
-------
-30-
Each Agency, office, contractor or other person participating
in a CERCLA response activity should maintain documents related to
the activity for a period of not less than six (6) years after
all response activities are finished (consult Appendix C for a
list of these necessary documents).15/
The Agency's Financial Management Division will maintain
and periodically update the cost expenditure tracking system for
each site referred to above, so that an itemization of all costs
attributable to a particular site can be quickly obtained. When
a determination is made that a case should be referred to the
Department of: Justice for filing (or, if necessary, during the
time that the demand letter is being prepared or the case is being
considered for referral), a request can be made of the persons,
firms or agencies involved in a response activity for copies of
its records. At that time, a complete file of all records involved
in the particular case can be compiled and delivered to DOJ, with
copies of the complete file made available to appropriate Regional
and Headquarters legal and technical personnel.
15/ The period of six years is necessary because of the pos-
sibility that the claim may not accrue upon the first expenditure.
Additionally the litigation may be protracted; documents'must
be kept for the term of the litigation.
-------
-31-
V. Note on Purposes and Use of This Memorandum
The policy and procedures set forth herein, and internal
office procedures adopted pursuant hereto, are intended solely
-i
for the guidance of attorneys and other employees of the U.S.
Environmental Protection Agency. They are not intended to nor
do they constitute rule-making by the Agency, and may not be
relied upon to create a right or benefit, substantive or pro-
cedural, enforceable at law or in equity, by any person. The
Agency may take any action at variance with the policies or
procedures' contained in this memorandum, or which are not in
compliance with internal office procedures that may be adopted
pursuant to these materials.
We trust that this memorandum generally covers the subject
of procedures to be involved in cost recovery actions under
*
CERCLA, but if you have any questions or problems involving this
subject matter, please call Russell B. Selman, Office of Legal
and Enforcement Policy, at FTS 426-7503.
-------
-------
Appendix A
Costs Recoverable Under CERCLA
In order to identify records which must be developed and
maintained for a cost recovery action, it is essential to know
those costs which may be recovered from a responsible party.
Various sections of CERCLA provide for recovery of certain elements
of costs expended for site clean-up. We have attempted below to
compile a list of those costs which are recoverable, and the
sections of CERCLA which authorize recovery of those costs.
This list is very general and not exclusive.
The listed costs are in general categories, using language
directly from CERCLA, and a determination will necessarily have
to be made in each case whether a particular expenditure is
within the categories of recoverable costs. In this regard, EPA's
position is that the intent of Congress was to authorize recovery
of all costs directly related to clean-up of a site, and therefore
the costs should be broadly construed to fall within these cate-
gories.
Cost CERCLA Section
1. Investigations, monitoring, surveys, §§104(b), 107(a)(1)(4)(A)
testing, and other information-gathering (providing for recovery
necessary or appropriate to identify the of costs for removal
existence and extent of the release or actions, which, as
threat thereof, the source and nature defined in §101(23)
of the hazardous substances, pollutants include actions taken
or contaminants involved, and the extent under £104(b)).
of danger to the public health, welfare
or the environment.
* *
2. Planning, legal, fiscal, economic Same
engineering, architectural, and
other studies or investigations
-------
Appendix A
-ii-
necessary or appropriate to plan
and direct response actions.
3. Planning, legal, fiscal, economic, same
engineering, architectural and
other services necessary to recover
the cost of response actions.
4. Planning, legal, fiscal, economic, same
engineering, architectural and
other services necessary to enforce
the provisions of the Act (CERCLA).
(This could include costs incurred
in prosecuting an immiment endanger-
ment action under §106).
5. All costs of (A) removal and (B) §107(a)(4)(A)
remedial action incurred by the U.S.
Government or a State not inconsis-
tent with the NCP. Actions for which
such costs may be incurred are•
(A) Removal Actions (§101(23)):
(1) the clear.-up or removal of
released hazardous substances
from the environment;
(2) such actions as may be
necessary taken in the event
of the threat of release of
hazardous substances into the
environment;
(3) such actions as may be necessary
to monitor, assess or evaluate
the release or threat of release;
(4) the disposal of removed material;
(5) such other actions as may be
necessary to prevent, minimize or
mitigate damage to public health,
welfare or the environment which
may otherwise result from a
release;
(6) any monitoring to assure actions performed
by other parties adquately protect public
health, welfare and the environment, and
meet EPA criteria;
-------
Appendix A
-iii-
(7) specific examples contained in
$101(23) (without limitation):
a. security fencing or other
measures to limit access;
b. provision of alternative
water supplies;
c. temporary evacuation and housing
of threatened individuals
d. action taken under §104(b) of
CERCLA;
e. any emergency assistance provided
under the Disaster Relief Act of
1974.
(B) Remedial Actions (§101(24)):
(1) actions consistent with permanent
remedy taken instead of or in
addition to removal actions, to
prevent or minimize the release
of hazardous substances into the
environment so that they do not
migrate to cause substantial danger
to present or future public health,
welfare or the environment.
(2) Specific examples contained in $101(24) (without
limitation):
(a) storage;
(b) confinement
(c) perimeter protection using
dikes, trenches or ditches;
(d) clay cover;
(e) neutralization;
(f) cleanup of released hazardous
substances or contaminated
materials;
(g) recycling or reuse;
-------
Appendix A
-iv-
(h) diversion;
(i) destruction;
(j) segregation of reactive wastes
(k) dredging or excavation;
(1) repair or replacement of
leaking containers;
(m) collection of leachate and runoff;
(n) on-site treatment or incineration;
(o) provision of alternative water
supplies;
(p) any monitoring reasonably required
to assure that such actions protect
public health, welfare and the
environment;
(q) costs of permanent relocation of
residents, businesses and community
facilities (where relocation, alone
or in combination with other factors,
is more cost-effective than and
environmentally preferably to trans-
portation, storage, treatment or
disposal off-site of the hazardous
substances).
(3) Remedial actions do not include:
(a) off-site transportation of hazardous
substances;
(b) off-site storage, treatment or
disposal of hazardous substances;
unless it is determined that such actions are
(A) more cost-effective than other remedial
actions; (B) will create new capacity to manage
(in compliance with Subtitle C of RCRA) hazardous
substances in addition to those at the affected
site; or (C) are necessary to protect public
health, welfare or the environment from a present
or potential risk which may be created by further
exposure to the continued presence of the
hazardous substances.
-------
Appendix A
-v-
6. Any other necessary costs of response §107(a)(4)(B )
incurred by any other person consis-
tent with the NCP. "Response" actions
include both "removal" and "remedial"
actions (5101(25). (See list of
removal and remedial actions above.)
7. Damages for injury to, destruction of, §107(a)(4)(C )
or loss of natural resources, including
the reasonable cost of assessing such
injury destruction or loss. (See note,
below)
"Natural resources" include-(§101(16)):
(a) land;
(b) fish;
(c) wildlife;
(d) biota;
(e) air;
(f) water;
(g) groundwater;
«
(h) drinking water supplies;
(i) other such resources belonging
to, managed by, held in trust
by, appertaining to, or otherwise
controlled by the United States,
any state or local government, or
any foreign government (includes
resources of the Fishery Conser-
vation and Management Act of 1976).
NOTE; CERCLA §301(c) provides for the promulgation of regulations
not later than two years after enactment of the Act for the
assessment of damages for injury to destruction of or loss of
natural resources resulting from a release of a hazardous
substance. See footnote 3 in the Memorandum for further
explanation on recovery of these damages.
-------
-------
Appendix B
(Model Demand Letter)
XYZ Corp.
Someplace, State 00000
Re: Name, location of site
Dear Sir or Madam:
On or about , 198_, there were
releases and threatened releases into the environment of
hazardous substances [and pollutants and contaminants] from
the facility located at or about .
[In addition, there were releases and threatened releases of
pollutants and contaminants that may present an imminent and
substantial danger to the public health or welfare.]
[On or about , 19 , EPA gave [oral] notice
to you [which was confirmed] by letter of
, 19 , advising you regarding the referenced
facility and that you are a party who may be liable for money
expended by the government to take corrective action at the
facility. EPA offered you the opportunity to discuss with EPA
your voluntarily taking action necessary to abate any releases
or threats of releases of hazardous substances [and polluants
and contaminants] from the facility. You did not undertake
the necessary actions.]
In accordance with the" Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 42 U.S.C.
§9601 et seq., [and other authorities (insert where pre CERCLA
or non CERCLA expenditures)] the [State of , pursuant
to an agreement with and funding by the (insert if State lead)]
United States Environmental Protection Agency (EPA undertook
response action using funds provided for such actions. The
action began on or about and continued to on
or about . EPA's response action entailed
the (describe generally what was done).
The cost of the response action [performed] [caused
to be performed by EPA at the facility] [was] [is currently]
approximately $ . (Insert the amount obligated
by the Agency to be expended on the site, not the amount
actually expended according to Agency records.) [The Agency
anticipates expending additional funds in the future under
authority of CERCLA for additional response activity which the
Agency deems appropriate to be performed at the site.] Enclosed
is a statement summarizing the expenditures to date.
-------
Information available to EPA indicates anong other
things that you (choose one or more, of the bracketed clauses
as appropriate:) [are/were at the time of the response
action the owner/operator of the facility] [were the owner/
operator of the facility at the time of disposal of hazardous
substances at the facility] (did, by contract, agreement or
otherwise, arrange for disposal or treatment, or arranged for
transport for disposal or treatment of hazardous substances
[and pollutants and contaminants]at the facility [accepted
hazardous substances [and pollutants and contaminants] for
transport to the facility which was selected by you]. Pursuant
to the provisions of Section 107(a) of CERCLA [and other author-
ities (insert where pollutants or contaminants involved and
where other law involved)], we believe that you are liable for
the payment of all costs expended on the site to the Hazardous
Substance Response Trust Fund established pursuant to Section
221 of CERCLA, which is administered by EPA.
We hereby request that you [or a group of parties
potentially responsible for the site] make restitution by pay-
ment of the herein stated amount plus interest [together with
any sums hereafter expended by the Agency on the site pursuant
to authority of CERCLA]. [The names of other potentially
responsible parties receiving this request for payment are
enclosed with this letter to facilitate organization among
the identified parties concerning payment.] If you [or an
organized group of potentially responsible parties] desire to
discuss your liability with EPA, please contact the person
named below in writing not later than thirty (30) days after
the date of this letter. We will otherwise assume that you
have declined to reimburse the Fu.nd.for the site expenditures
and will subsequently pursue civil litigation against you.
Sincerely,
Contact Person:
[Name]
[Title]
[Address]
cc:: Enforcement Counsel
Regional Counsel
State Agency
-------
Appendix C
The following pages constitute a search guide that may be used by the
Regional enforcement program in gathering documentation to support a cost
recovery action. The search guide format is a chart with four columns, headed
as follows: "Document", 'Originator", "EPA Contact" and "Regional File
Location".* All of the documents listed will probably not be available in all
cases, nor will each one necessarily enhance the body of evidence in every case.
It must be decided on a case-by-case basis exactly which pieces of documentation
should be used as supporting evidence. The search guide was meant to be an
exhaustive list of documents that should be considered. It is suggested that
the persons conducting the file search for supporting documentation pull out
each document on the list if it is available. It can be decided at a later time
which of the documents are useful as evidence given the facts of the particular
case.
Please note that the search guide covers only documents that would be
useful in supporting the first three elements of proof discussed in this
guidance: proof of the release, link between the party and the site and
consistency with the NCP. Cost documentation will be the subject of another
guidance document that is currently under development.
* The fourth column, "Regional File Location", has meaning only if the Region
uses the filing system described in Appendix E.
-------
-------
CD
Cb
«H
3g£i&SZ
CO
CD
fe
jj
s
sS
O CD
••* JJ
ll ^
U M W U
u
nt
nager
tceme
Agen
~* !••-' Q CD
» u_i rj i-J b<
i vw C •*•
t 0 -^ w
I JJ Q —I CD
§co o *o
CD M JJ
M a w
2
S" CiJ
o o
•-! JJ
^J ^J
10 JJ O
o c
••M <0 "^
u-i 3 IQ
~4 03 —
Jj M ^n
ia2
2
!0
CD
JJ
(0 (0 W
a, >,.H -H
O •>-> M (0
o
(0 Qi
2 CO
a) C
e
gat
JJ U-l
o
JJ
c -*
(Q CD
is
a^
«3 -M C
-i jj jj O <
—i tfl u -^ J
&S ao^
o C CD CD W
u HH g c/5 u
CD
jj Li
23
M CO
&U
a
c
10
co
Othe
Ija
,JJ C
(0 O
Oi-^
I ••H JJ
JJ U
CO "
I c «•
M M «
S! -•• O
W
3 JJ
JJ •-< 0
(0 w en
»JJ O
w -^ ,:
jj u
0 3 qj
jj
-------
g
•«H
JJ
(b
0)
C f3
UU <0
tO 33 CD
*^s
-&fc
AS Q) CT
•^ > C
S*^< (Q
Q £
0) •p
co n
c
-«H > C
E CO C
E -H «
fi Q K
c
•*H
JJ
JJ
o
fl
JJ JJ 0)
jj O Q. 01 ra
c •-< 37 £ «
jj 0} ^ Q C
X. y >i £ jQ 4) j-»s
VM -r^ C S CU 0 (0
SO Q> Q) f4 1C •
K Q> 5 »-H S -rp
Oi <£ O • O C
» "x C5 o»ft, »p
68 «jo i-^aJij o
CT fO J U«J U4 Dl O
aj -^ aj -H .1-1 aj jn I; —^
fi -( CT D ^ O 0 JJ £n«
So«3 JJQ S1*-"^ Bu-^jJ
Eos cno. sos EQW
IQ
9)
0}
O JJ
•* (C
0 ^
O
JJ IB iu —^
. Q OJ .H
§0*0 oQ
>3 3) p
^^ Cfa CM
tn
CO
^5 5 co > 15 o o
M fci JJ JJ JJ —«
&CO O -^ 03 rt3 «-l
>, a) jj ^H x cn1*-"
jj I y •-* -«-S o
X--<>i(OOrt3JJ O
fcj—HO*J(C»-l(/3rH—4
e o
o
d)
to
Q
0)
-^
s
Q>
•a
°s
Jj
(C
___><«
M O <0 JJ
UJ M MJ C
CO CO &" ^ •$
CD ^ jj g •-;
J5«588
2 o a«-i ~*
.
w !o IB a> 8)
05 .-<
•-* 0) C 0) M
5 -e o JE
>—-^ jJ 0)
T3 iJ £
55 M "* O J->
C JJ "D -U
°> c S « "2
•-H aj p QJ c
W E O 3 «
-------
CD
•H
2
CD
2
JS
0
£
flj
| T?
as
CO rtJ CD
sts
>»Cf
*-l M
(0 CD O)
•«•* > C
•O & •**
§ CO 1£
85 ••* (Q
S Q K
8
m
U_l
o
-u
I
§
s
01
• 0 ic
Cb CT C »J ±J
U S H 04 Cfl
^53 '
2jj LI
C CD
C M JJ .
0) C IT)
g O CD >
e —i u
2 •§, c c
U •»* TJ O O
M > Ll -H 4J
i5c?^§
I JJ 4J M
L« ^d ^i ^^ ^
0)
5
CD JJ
05 0>
(5 'O
2 0
u
« (X.
S>
•^ >
'fl
U 4J JJ
o -^
JJ ^ VLJ
rtj •- O
w O
H3 03
fc. 0)
«3
*
S.J,
C T3
•»^ £
JS§
0} CO
CT( JJ •
O O CO
JJ •-« C
O Cu O
4J D>
I
a> ^H -H
M
a 3
-------
5
-H
JJ
0)
^
•r*
Cu
0)
3
03
IQ
(Q
to
1C
fe
3£g
03 a-- «
ra X. 03 0)
*§>£
* **^ *j^ C
•-< "> 03
rn-^ 5> JJ
8. °-H °
i J w > C
jj c; o
w fl —i LI
(Q ^^ Cfl fll
S C-^ CT
»-2 2 S
503 Q (Q
•^* £
~» > 03 ^
CT Q O O
&, •** <$
I • •* -r^
i jj
(0
03
(0
8
IQ
i—•
&
<0
IQ
OJ
0)
(0
*0
a>
fi
1
10
03
(Q
•n I I 03
0) kJ (Q fl) I
M O O M rH >
5 n •** -3 o CT -u
Q> IQ "O T3 ^ 03 ^H 0 •>- OJ
^30) (Q ^ ^U 1^
•u -^ >i a *c jj -^
.-4 iu tT ™ 35 i-i 03
~ c-a I o e
f
, JJ •« i_ u iu
< JO (0 JJ 10 rH £»
-------
§
,25
•«*
Cb
V
3
&
in
i
1
<0
CO
JJ *4 -.H
ro o Q M
^ C 03 &
.5 8 2
5W •* Q
•£ > z o>
•••« > U Ql
O).^ m .u <
ffi Q eft O
B a) 9)
\ • * *^^ 4^
E SB £ co
JJ
(0
o
s
i!
Jj
0
o
.5
'CT
3
a
M
u
z
9
8
—4
vu
U-l
O
i—i
2
co x.
aj LI
3 o>
CO I
.2 5
£83
o> 01
J??SS
•-i -^ C
CD to jj c ^-
3 (0 (0 C
3. V* O
* 8* »
- a - co
• co ><••*
en c JJ g
• nj 'H P
4) >i u Q
~ P o o
2
tf>
CO
•»H
g
§
•*H
JJ
•5
jj
CO
05 ..-
I
•«H
—t JJ
10 CO
0 9)
0 ^
•u u 0)
2
(0 Ci
JJ
en co
-i '(O
,2'S2
^£•01^1
830)^
£,&. O
a:
e o
AJ C/Z
(0 w
- o
1i
6
V
10
-w
0
e we
•-- (DC
jj «. - aj •. —^ -^
(ocji-i. co cocjjj
^^ «^ (rt w •«•* A) *^ (Q
flj JC O O >i >>—^ JJ >
M QI--J O C JJ JJ 'O «J M
•<-i 0 '"^ -^ 3 <0 3J
• ^ *^ (0
O1 O »"^ ^)
• 2u_cu jj
— M *J C
-------
f
a
CO
rn— 4 m 4J <
35 Q o u
tE ••"( a; a)
I . > -r-l JJ
JJ >4 0 <0
-------
«
1-4
•^
Qu
0)
3
I
0)
g
c
• tH
Jj
Ǥ
I
2
§
•>H
cnl
i C
CT D C
W
*,g^
$
CO
$ o
6 ti
Q, io
CO i-i
I I
£ 8
0) EL,
B ITJ ft Z
cH
0)
e
fl) .<-<
JJ M Q
co O M
ffi Q) ,
»-»^ > C u
gco 5 fl c
•-* « tj
ra-ri -*J 4!
ffi O IH o
K (TJ 0) D
I 4J JJ T-ljJ
< C C 0 «5
CO.
U-l
o
O _ «
"H C C
jj O •--
nj -^ E
JJ 4J 5
c w co «J
m E JJ JJ
g 5 0) <0
3 O -O T3
O u-i
O C O >"
u •<-< jJ O
5
1C
M nj
8-3
M Q| C71
a s c
Qi O •»<
i
g| S
"*"* p If
7) q> C CM
32 O O
K U -^ 0)
r
O J-1 j->
«*J O (0
iS (2 M
o
iJ
O
'S-
£ -
C JJ
CU (Q
—< (C fcJ
CO "H
-4S
/«»*,•*
-------
Cu
4)
Q »
& N
01 i
i—I M
«j 0) ra
•-< > C
•o p •»*
i n "M
B ->-i (0
« Q S
« -q
c 2
O (0
CU N
CO IQ CD
*S2
«-4 »-l
C
*^3 O *^
02 O .££
5 •«•* fl
S Q o2
oo
I
8
I
<0
g
r
s.
L •" JJ JJ
MJ O «3
C (I) ^J
UJ CO C/3
• 0)
U4 O
cSi
0]
l>u|
n
» o -^ -
5 .Q^
-• > CO
$ Q 8 tJ *
s --H o; o;
i
•u
O
JJ
(0
o o
JJ >i JO
10 JJ M IQ
»4 —< CD J
- iH M JJ
•-< O vi JJ
o jj 5 o
, H5 (0 Ui n
10 0) iH C <-<
-* E (0 S (0
03 (TJ "H
>, O MJ
£ Q U-l
CU i-4 O
U-i
O
S
e o o
fl
(1)
(0
y-i
O
O •""
JJ (0
StJ
0)
S
o
-H UJ
OQ O
-------
s
•~4
JJ
b.
0)
3
8
ts
o
-p
"5
N
Q
•S <
s &
gu O1
S c
td O W
o e
I a
is
tl
2
*.
S
E ca
9 O
2
*
g
IQ
£
jj
(0
14-1
o
.•8
I
fi
«
S
03
u flj
(0 -^ 0} OT
w O 0) 0)
ja c •-*•-<
2 'w 13 3
.. M
iJ HH CU JJ M C 0) i-l -^
Z Z U W o5(XOCb
•} W
rtJ -* >i
w t CT
no 0-4
V '-3 "p S w
•J 0 ff 0 •-« o>
3 •-* C —< £ -^
^^
8
*—^4 c en
n x it o w
- - * 8 £ u
C -^ 4J "-*
i §-
•p (0 •. ca
fN
o
co
-u
in
CM o
•v
Is
O O P» <
0} «. 0) O O
3 • » W ro to
5 O
laa
(0 ^
N
« w
58
O
JJ
C _ 1-4 O O -^
JJ
(0 H JJ (0 Q,
03 £> K O
J W U 55
O
O
o
55
S S1 S1
IT) H-l -fH .i-|
§ C j- ^
S *CI 0) ni a
o g £ _e c2
o 8 y -S TJ
•»J (I) -t-i MM
* i—t M >-4 it flj
fjO O) N
* S * 5
O Q< M E
-------
^5
-H
Cb
0)
3
OT T3
C (0
m IQ C
fll -i-l IB
£ Q «
as* ,s
8,s°fi
w nj CD
sfS!
>,Cb M
lH M E
IB d) Ol G3
•** 5 c p
*Q Q -^ ju
flj O J>£ O
£ tn c u_i
93 -<*4 (B C
ffi Q c2 w
§,
2
8
c
f-l
JJ
SOT
•^
>
.»*
Q
Q) 9)
•r*i jj
0 i
••3 12
£§
«J w
>.
N^
o q> JJ
IB 3) C
b C OJ
_ $
8 i
*j 0
M O U
O -^ c
jj u-i
£ °°SS
M ^ di.
i—^ O*5 ** Si 9 ^
Q jJ C O t4 O
~ **' n < eo w «j^ BJ*J
! S 3 »-5 03 2 W O
o o o o
U-l r-t
O (8
s a
•0
M >l»H
" •*•» jQ
5-u
•-<
O
y>
JU
^
b.
*j
O US
8W-I
05 O
-t-i jj
t-l C CO
£IS^
bi o aj^ O Qi Q> O
10 2 < i-4 Q & b
10
vu
O
I
M 3 —4 O
V U CO jQ
*J O Cl> ""^ O "O
(0 M 03 M
-------
61
0)
i—i
-~4
Cb
0)
3
I
£
O Cu
jji
o
i
C JJ
£8
2?
(g CU
s
•> f-4
85
•± >
v""^ •
w Q 9>
DC CT 3)
||
<0
5
•t->
en
S
3
i O JJ JJ
< MJ O 'TJ
ft C m jJ
u cd u5 cn
o e e
o e
e o
IM
O
j
«J
fl
g
,-§
IT! JJ
M
£
0)
•<-* I
*s
>44 U
J^JJ
2?
JS
en
nj
•
>
M &U
«J O
Q JJ
a, oj
4J fH
a
M M-l
£4 O
O 0
JJ
i-l IQ
0 M
M
S
1
w
---S c
z j o
0) M C
~J O 0
JJ -1-1
••< 03 JJ >t
H 5» io jj
, - M
J? • JJ
O) U
t3 * * C
f-5 a> < o
-------
0)
pH
• iH
Du
O
i—I
.O
I
?3
a5
fl) «^
cn Cb w
| c
(0 4)
(TJ O
N *W
« c
03 •£ CO
C «-4 W i—I
o ic o -H
a N Cu
CO (0 Q)
s^3£
> Eb 01
—i w £
(0 fl) ra 33
-* 5 C P
•O O •••< M
0) 0 J£ O
S to c «j
lags
Sjj
c
CO 32
co T3 E
C 5 S
B (C o
a N M
CO (0 O
«ia
JJ
8
r i
•I—I
Oj Q
JJ *j
cn a.
g.2
•<* >
I
a'
o e
Is
CD 0
JJ hi
CO A
<0
*g
• -H
SCO
•£
•^ >
I JJ
£ s
M4 w
1
I
i<—i
S
5
I CO
j-> )
&"*
JJ L
ITJ <
o o
.S
JJ
2
S
£
0»
a
to
I
1
•8
CO
ni
•g
(0
to
CO
to
M tO
Sog&
- JJ -H (0 05
&- Q " 5 oj tn JJ 55
UJO4U u -^COOtOC
^ OJO --»>U-MCOO
CDCOiJJ •OW-.-CJu-iCO.-H
jj 3 10 fH Q i *J C JJ
SQjJiJ -4(0 WiO—«.^ C JJ CO CO 3 JJ
Qc 3 t> I
S c ^ c
3 5 *J —* I
JJ (0 OQ P
o «C
p •• Ji co S
w • JJ "a
JJ O> C iJ
^J fl S, o
0} -Z, a) •**
JJ •• M JJ
O
- 8 8,2 &
O D 4) *J O
CJ M M to O
I s
M 03 -l
JJ
o
*
g
S
hi CO
JJ JJ ^
H » CO O CO
tu IQ • -^ IQ JJ
'** M JJ O> O> <-• C
JJ O C • CO J-* CO.
c p co 2 c s
a) c M —• p 55
•g o >j 0 co
-< -^ jj to o ij
-
a) (B m
1-1 P £
o 5 a
.^1 Q .^
,
jj 5 —• -C •u
O O »H Q -^
CO
to
O to io c
jj vu m
to c
•-- JJ O JJ JJ r-t C
jj (B (t3 -^
3 » CO U JJ » <0
-- jj -^ 03 03 JJ
t3 o a;jj<-«
oy M ^ . o o M nj
w
-------
s
l
•.-<
a
to
C *J
M <
-------
s
1—I »* »••
1S£
23S
>»
M
§1
v* jj
aa
•• ^H
W Ct* 0>
Q Ql-f*
^^ C Cb
83*
IB fl)
-" a s
10 85
••* "P p
*O M M
gj «j o
P N IU
S3
55
C
•^J
iJ
0)
u
•*•<
CO
J!
jj
S
(0
o
•iH
4J
M
£
0)
^H
.C
•rt
10
w
•*
CJ-
1*
*
S tS
o
2
5
s
•fH
cH
•1-4
41
«A
d) 0
JJ M
CO &
,ss
2 «'H
B c co
O o ""^
•JS >
» CT--{ iJ O C
O S Q cy
£ K CT 3) _
I I JJ * 4J I
< < C C fl iJ <
S S £ Z W ,uj jj
JJ O C
•»< a;
i—i •—» "O
jJ —i «5 —<
co o y co
^
o
o o
CO
jj
CO fl CO
~i«s
^ co jJ
&:
?cu
•^ o»
•^ JJ JJ
j; u.;
Q. <
JJ OiJJ 0)
r1 v o £
fl O
£ CU
•1—i
cp o
JJ M
co a.
m
$
I
S>^
Sen
•-•
•H >
Q;I
^l^i
Cu CO 4J CX
E £ w u
o o
00
(0
u- »
CO
3 -IM C -hi
q -H o •-* _x . co w
LU -^ -^ -^ «J ia fl) O •—
• • jj 0 JJ O co
CT3 «.COo2oS
••^ tn jj -^ c
u-i
O W •ooujJiSc
ffi'tSfO'O—^»-»MwOD^-*O
M 03
-------
1-1 *J
(0 0
N >U
J,
<—(
I
C
JJ
O
10
JJ
i
CO
0>
o
'33
CO
S1
1
§
n
CO C
0) O
JJ •**
O CO CO
ewe
5
n
(0
^-i -*—* tj
8" ' -3
O C JJ W
CO J£ CO 1)
vi «J •«*
$ cu Q<4J m
U, M —• (0
_ (13 JJ >
a; g £ 3 --i js
jj O JJ Q Q JJ O
c M ~< j= j2 o 3
M *j J J (0 (0 55
{8
•-< -r4
> -o
co n)
•fi 2 w
Qi «M d}
(0 ±J *^* SJ
iJ C JJ JJ
O S "> *W
JJ
CO
co
_
JJ O> M C *J O
co • 5 3 -^
CD HC jj jj — «.
Q) >— «) 4) (0 «
Jj M - {& M JJ
(Q CO 10 M O C
^J "P 1-4 JJ JJ pu
aM -i co >j
- 8i8.^8
80> c gj i-i c
M (0 M CO — «
-------
w
1-1
»*4
Ch
CD
1
&
..3
0) C
co cy
0 i>
"••S
CO Qt
Sfi
-H ^H
10 (0
. ,_4
•rt ^^^
^ *o
i i •"J
1 I £
e
jj
C
i 8
3 rfl
-5 &
2
K
Ik
g
ff
1 JJ CX
So i
~? §, &
H) o
jj
i-i
w
q> i
* p . .
jj H M u
O O
O cu jj jj
JJ Cft U O
C (0 (Q
CO Q M u
_« . Q.JJ JJ
S I
0) 'S
1 *
CO C C
283
3n H-4 CJ
& 2 (S
C CO
O — -^ CD o o o
ti T3 CO M
co $ >i co «j co
S3 fH O C CO JJ 4) •
Q1 JJ C TO (0 -^ M >i
C C ••* 31 -H 3 JJ
i-( 0 JJ TJ — ^ JJ ij *D •— I CO
^* o iQccuoiQiQ cjjjj
O O ^? w ^^ i) T5 Q 3 O fl) *w
u *w ^f ^w O *4 5 "•» *O ^ w *<^
i-i 03 e o
^.^
n
a> ^
S ^28
•^ a) ai
co J5 u
C (0
Q --) •
a co co
co CD •• c
(!)••< • O
U * *4
vu (0 3) IQ
o a— o
-------
I
r-
s
f-l
AJ
®
&
a**
£8
s?
CO CU
Sc
K w
&..
2
J3
•
w
W
8 CO
^ 0)
«u U
tf ti O c
C JJ
!5 o
s.^
52
CO CU
Sfr'
»^H O
C CO C
•^ > t5>.-
o>»^ ^» ni
i^Si
e e
•J
j) nj
O^ *E
(0 O
•£>
0) 0*
JJ *4
CO CU O
ss~
»—« O a—
i
CA
2
en
0)
I
I
a
CO
&
s
a
'o
•r*
&
•8
c
s
«5
. a>
M JJ
>iO b
jj jj O
,-»H ic a
M >H M CO
STJSS
c!£S^
00 -^
?-
0)
-^ 0) JJ «. flj 4) » Ot <0 CO
«-> g c . c ij j= a>
•-^ 5 -^ O>—I 4J O
JJ "^
' * - 1
r* « •??
•^ 3 » «j
co co co -^
O CO CO _ — --.. —
C CO C CT 0) O O
3 O CU JJ CO CU ••*
* o 65 c* w <» ^i"-1 « -^
u .*.u>;.-*tj:a
Q) £ £ 3 -^ B 03 -3
jj 0 J-> 0) 0 -1-1 Ococu
c5-£
MkUjftlTJCtOr-l M iJ
w U
-------
I
oo
O ~* M
•2 00
Jj
IB •• g>
0) Oi In Cb
.^ ffl JJ
Ch B. "£J C
fl) ^H (0 E
r-4 flj N JJ
jO ••- 13 0
35 "O X >J
XI aj \ 0
Q £ >i>g
£ a 5 u
e
•j
. 1
trg
2
AJ
1C O -H
*•* 8
a> 0 c
JJ M 3
CQ a, o
«o u
s§>,^
4J » •»* O BJ
? 3 g"lg
CO Jj -H > &..*
3 C O>-i < CT
c o 4 Q a
•rt o K 3) (2
JJ | jj jJ i
C < < C (0 <
S & u i w &
e e e
0)
jj
3
j3 VM O
O CO
4J CO ^H
^ (^J 0J
o g
•f-l M O "^ CO
4J O «H *J CO u
(a m {= 4J O C &
•<-l i— ( F- 1 t3 <4
•-* -r1 co o y co J:
-Q u ^ T3 Q Oi ^^
•-< O CU b. t-J K O
CO —
C "O e o e
ll i
JU »H O»
OS jJ C JJ
C CO -- «J
?O • jw "O
u c j= 2 to
n M § — * ry\"*
c co O 55 3 v ^
"* * JJ M -H
U CD CO (0 CO >
CU *4 JJ *••* CO 0 CT AJ CD
O Q C > CO'OOiJ
C O^ Q) fl ^3 ^ v ^ lp^
m CO E 'OCUCO-H CO
•o c 5 •Scajjj
••H (0 O !*-IQlOC01>
u P u < CO J2 ^ Cii
• • «
CO
i-l M
0 0
t» CT
W -^ 0?
S*-
g-s6-
^^ =
-H O i
«J N S
•- < IT3 O
*o 5- ii
5 v. O
E >i»w
B) M C
05 CD E
«
I
td)
^^
X!
JJ "4
(H O CO i-»
£ Ud .^ -rt
Oi-^ ij O C D>
OJ D CO S 35
K ' D) CO c *
jj « 4J |
M 1 I 05^ S
0 O o
•
CO i-l
S S,°
W O w 1C
1) (D iJ jj O
— t C aj co *j u-i
O •-< C Jtf (0 O
•-* co 5 o w
•c a c5 a y w
co ±1 M & co >i
> CO JJ O CO JJ
3 *•« ^H X. Sfi"*
Mir](QUr-'MO'~*
O CO 4J •** iQ CO ""i ••*•
JJfcJCjCOCCLO
^ 3 3} CO Q 5 .£ (0
^f_ rQ np ^^ ^j ^S rJJ K>,
e o e o e
i-4 »
ssl?
•»H CO CO C
JJ C M -^ O ->^
IQ O <4-l ••H (0
0-SiJMOJJ W JJ
•*•* ^J C 4J (Q ^ 4-* fl) C
O ^^ fnfl)C3}*^tQOw
ij C JJ JJ
ra aj - co
JJ 3 -H
O y jj co
£ o o ^
CU -O (TJ JJ
e
i-i a
-------
I
Jj
CD
ui
I
£
.*4
b. 0)
s'S
2-SS
flO fl)
t-* as s
(TJ a)
zi T3 P
•O M fcj
i 83
3
.^
CO
2
CO
JJ
I
CO
W4
&
*
a
to
(Q
3
JJ
>2
O -H
CD CO
•71 CO
JJ M
co a.
g w
Q
I JJ JJ
£ C M -^ co O
-r4 O U-l 1) "^
Q 0 UJ C JJ
W O •'"' (0
(0 jj jj m w
fl
(8 -.-(
•tft S
•*H JJ JJ
r-Hcno SJJJJ^C
1-^3 cp • P4W en
• ^-.».1_utOT3»-iU'~i
w ••< 3 a> 5 IB c •»^jJO1"1*-1
ZfcD«OBuMT3 d)OOO
o e
* °?
• JJ C
O> M *• O
• O CO •»*
0) Ou JJ JJ JJ
CO CO ^^ CO *J $ (Q CO
^J M M O Cu ^ i>4 JJ
(0 3 CO Qi'O M CO Q
ujJ'Df-lCU CJJjJ (ju
OUMiQMfacoMiw
P« 3 O 3 *D O 0
?MOcuc(oao
OJJ£)CQJ3"-i5;c
CJCQ w <0 C/5 O CQ «J -^
C JJ
(tj O
Z CO
I
8 >,-<
CD 0
JJ M
CO CU
SCO
•r;
—•> >
S
(0
o e
^s
fl
2
_ C/3
>i--< —
JJ •>—<
JJ •-< (Q
M CT •
CO C I
0) — g
CUM
«J 0) »-}
b au w i
•*< o> o
CO ^ C p
JJ «4 .^ S _
•-- o -a jj a, ITS >i
E |Q ^ (Q Z JJ JJ
-
o o S.,
-------
g 1
0
I—I
Gb
id "
I
%
2
.22
S-
S c
CO
*co
2
1
en
jj
3>
"3
?
O
i
01
I
o e
CO
flj r* o.
•- gj T5 {T
•U 0 -^ CD O
•J '** JC *J
z"in c 10 S
3} Q) CO CD 06 O
JJ 3 JJ CV J-l 3 <-•
CO CO JJ JJ JJ CO
•^ CO CO «3 $ CO «J
U •»* i-} •O >H -^ 0
(Q {Q
g g
5
JO
V
8
§,s
CO -U
.Q
• -Q CT -f
0) E JJ -^ C I
I
qj c 0 flj
M itJ T3 4J
0)
-------
S
iM
JJ
a
•r*
bu
o e
O >i
U-l J-)
(U •<•*
•c -6
M J
o o
JJ Ol
03 C
5
•^
*
I
M <
Jj
u
2
1
s
MH
1
a* <-<
M
V
JJ
to Q)
z O
M
^ ®
SH
.a a
•38
(0 (0 10
vui w i-H
jJ 10
(M "^
O id U
dj 1-4
u .C *J
0 JJ VU
45 O 0
<0
JJ iu
/Ope
er o
nt
ng to the probl
State or Fa
M •<-! >J
rd
103(a
;5
^y
So
(0 xJ 0
0 C
ERD
on
° EPA-
° EPA-
cia
of
a
S
10
•t-l
w
?
2 5 **§ S-
S82S *
tion
ther
l
2
!C
SO <0 _
. u < jJ —-
•^ M a> (X (0 "D
u 0 -O U -3 M
•^ 55 c «j
jj Q u »..^ -5
£Uv COT?
« * J ®
O S-ri —
cn
8 a s
Qiiw picn
aj uj 0)"-) fi •
tB 0 <0 0 * 3
.a
§,!
CC IQ
M 0)
1?
CO
18
O JJ (0
ti8
83
-------
Cb
o
3
I
0)
1-^
•»-(
h.
09
5
*+4
Du
8
CD
I—I
• vl
&<
Si
i
Si
CO
CN
I
I
^
i
:
i i
8 fi
8 §
I I
0 O
0)
JJ
to
.1-4
CO
m
vu
O
s
•*4
JJ
10
JJ
•fH
CO
M CD ^
to
rH
1C
0)
jj
2
S
•»H
CT
•^4
*
jj
a =3
e «
O
!0
CO
O>
•
0)
ITJ 4J
C ^^
-< c
«
Ui
a)
jj a a)
— 4 & ^
co ft Jj
a> c
5 <0
CU
w co
O co
CO
u-i
0 •
CD
c cu
0 JJ
•"* Q
JJ C
O
a> *n
QcH
co a>
c •-<
"H U-l
co
co co
*O •<-! en
cu co e
JJ ffl O
JQ _Q O^
JJ W
d) -^ m fl)
£ C0£ M
JJ CO JJ
.8
ps
gj'ga
18 3
8
C
O C
a* o
«5 O
jj ua
nj c
CO
§
5t!
' &
IT)
JJ
(0
.<-(
.5 , fc
£ T: o
TJ M JJ
. 3 0>
»U
S CO
• J
< CO W
04 • *p4
u 3 -a
. o o
f-4
— jj jj C
JJ -rH
-------
OJ
r*
•»4
Cb
V
2
I
$
I
A
i—i
jj
(Q
I
03 s
•3*
"O «•
vu
2
uj 'O
O 0)
^S
8 *
£2
S3
c .a
?5
r&
O fl
3 M
UJ
O
u O
o jj
si 05
K fl
0!
••< VU
S^
.^ 03
&§
h
0) D
w
<«4 o '^
03 O JJ
'1
-------
0
•»«4
tb
0)
3
2
&
8
2
§
5
0)
Cu
V
jj q>
(0 W
VI
£
5
C 3)
83 i-<
M« T*"^
Eu
0)
4J >>«
JJ tO
8 ®
o -^
-4 o
uj c
«.J rtJ
O »4
iw H
O &
^s-s ii
&^? s&
o e
o o o o
8
w O
ID
CO
b. —i
*%J
S
S
II
to o
aj
-------
s
«
S
i
i in
in 35
CN 5
i c
S
g
g
•»rf
f
2
CO
•r4
tn
S
21
m
(N
W H
o o e o
-------
VC
I
•r-l
XJ
4J
O
2
i
I I
8
•<-4
CT
I
*
-C
••H
2
CO
CO
5
tn
4J
•**• «*^
9 1 *
- 8
O
!C
8
$
I I
U CH
e e
m
IT)
o
o
w
£
U < (0
M ffi
* b
g
IP
0)
w
,s
<0
CQ
-------
8
i-l
-U
Ch
Q)
3
(0
a
H-l
&U
Cl4
0)
(0 0)
•»•• c
•O Q
c o
la
e o
I
r^
CN
C
•-*
4J
8
i
I
S^
•r4
S
M
%
(0
1
y-i
O
Oi
iH
8
9i
S
^
M
4J
ii
••^ O
i-« 03
« o e
&S
3 -i-l —.
C -u w
O •** Tl
M CO
&-H
VW
pH
10
00
<^s
O JJ O
ON W i-l
1—( (I) JJ
JJ U
< C 0
e e
?!
o
JJ 10
o
O JJ
n c
ifl
o
2^
lg
£3
10
-* ^. w < O
cu
-------
Cl4
3
I
£
E d)
53 *->
& -~>
Cb
V
JJ 0)
iq 03
fi
1
CO
CN
1
V
£
_c
X.'
§
a,
-
5
'5
&
a;
•2
1
(M^
g
fc
m
4J
I
vu
O
"2
C
— ^
jj
g
— *
03
>— l
10
2
(0
•«4
m
i
g
«j
JJ
c
/-4
§
CL
1
u
e
1
Q
M
0
JJ
.^
f
4J
E
g
•
¥
M
|
M
^-1
|Q
M
-8
£
a)
jj
-l
M
8*&
A
.
4-1
O
co
JJ (Q
C T3
Si ^
C (Q
V M
§^
XJ
C
?§
--^ 3
•W ,Q
(Q *^4
ti *
D) M
M
is
£ (M
-
09 4J
0) 03 C
-* Q *
jj --^ £
•* O -D
> C iJ >w
3O"— t(B{Ua)03'^«
uj IT: m a u p. 03
4>'Oa)V3o>4JQ9)
UD'OClOOlOV
3 JJ 0) O 3 C
en nj vu Jijs n >i--<
•-» 03 o E 5?
^{u^os^Mfi
o-^Smo^a
25
•~4
n
ffl
e
<
&
a
i
»j $
jj m
U W
(0 C <->
M Q O
AJ Ui AJ
§s *
(X u
\ -tJ
« 0 O
21^
>,
0)
UJ
ffl
C/j
1
JJ
•H C
'v *V
0 0
•*•<
Q»-«J
fl y
e a>
< 0'
M Ou
o
O — i
•H C
•Q O
6" 8 &
fid *
sg
••H -f-«
CJ CT W P
C/j n) ij fl)
o cs -^ 2
C^ Qj t^J Q-
u u < E3
03
g
•r>4
JJ
fl
f— 1
£
>
aJ
• 1-4
3
5 •H
u &
w
8
£ &
o
a> ©
Jj ^
51 »
# Is <
CL
-------
0)
CS)
a
i ®
as
GLI
0)
JJ 0)
i
a
(0
rt)
gg
«fc i g" *.
e o o
g
s
n
1
§
1-1
a
0
s
Cu
u
I.
is
w o
<: ES
<0
I
0)
JJ
81
w
(fl
™ 5 a>
O (0 JJ UJ
5 jj jj
QA ij **4 *4
5 g i)
•H CLjS J=
r-1 C1J 3 JJ
«! M ic o
c q
(TJ £
>*H
O C
C 10
age
-------
Jj
8
"8
Sin
i to a>
U O 0 iH
i
jj
o
O CJ
^^ »J Q -^* >"
00 M JO
l£ M M >l >1 Q
JJ Q -H ^5
4« C U4 '"^ •***
CL o flj ic c yj
U O K T3 Q O
*
gg
cu cu -^
E u en
o e
»- s O
I
i
- 0}
JJ »-4
IM (Q
to
id *O
05 «3
JJ JJ
O «3
(0 •<-•
(J-- 1
I!
to
8
ITS <0
JJ
in •**
fa AJ
•*«
r-< tO
o to
00
-------
Oh
o
93
jj
0>
Cu
CO
JJ
o
Cb
w
Jj
o
*1* «w
§ §
0)
0)
(Q
JJ
a
4
JJ U
C O
I
S.
fl 0)
flj JJ
o &
jj 1
0 C
a>
m
o
CO
M O4 • 6 t 3
C iJ • O O rtj (0
J3 & 83 "^ c JJ 3)
O cu ^^ c *n co *j
«3 J->
a) a _ c w
-------
8
•r4
JJ
§0,
0 *^
S Eb
(0 CO
(TJ
> a>
Cu
•p w
li
JJJ W
flu Si
8
0-
2
(0
•*•<
s
s
S1
1-4
"S
r-l
I
I
4J
(0
0)
CN
W
Q
iS
u -^
1
e e
i
o
o e
000
—i O> >i
0} . 4J
>,--< gj g> M
M JJ %^ C
S.^ -H
C 0) -H
•r* ~4 Jj Q. S)
J—4 g r-t
•q « 3 ja
-M C W •**
w
a
j> "
•n « O
o OT S,"0
8 w co 0)
5 03 C "*
a «3 —< w-j
as
03 •-*
O (1)
C w
-
O
«-"
C
•o
fO
i~( O -H
«J *J «J
0) 4J
D>
•~4
m
I
•Sco
(0 g
JJ C
W fiJ
Q) M
O1 W
$ CO
M T3
o> p
AJ M
nj ITS
o o
o o
-------
g
M-l
JJ
9)
»H
• CO
CL,
$
«J W
cH fll
Oi e
•_4
JJ
*•>!
u
5U
-°
O) ^J
£ u
!*«
E (£ E
8
•F*
ktw Q
g<*j 2
C W
*J 1
O (S
-------
c
~r*
JJ
0.1
•5
g
0)
JJ
(fl
•M
U
S
°
fefe
s
JJ
S
•«4
CT
•r4
8
X U
se
Cd U
$&
iJ:
32
n
*;
I
0)
i-t
12
I
£
i
O 0
Jj
o
!3
to
JJ
3)
JJ
O flJ 8 0
CJ ij 13 JJ
(0
g
o
Jj
m
6
8
•^
» u
5VU
O
£ M
E a,
e
jj
9) jj
•rn 0
0 ti
w 03
u a. c
WJ M^
O 4) *D
I JJ M
< <0 Q
&^8
a a
a«4J "Q CU id
0 --• U O
nt M
as
•«4
« U-l
SVM
o
0) JJ
Is
S, OJ
u
«J (0 JT
o J= a>
«-i W -5
0 w
JJ 4J W 0)
tn wj j= o
SS8
01 U
Is
•»l
»U-I
go
•
3 M
0. 3
QJ W
Q fl
OH 4J
H W
CT i-i
as
•^
..U-l
g^J
O
|-SB
a. -S jj
53
-------
I
4J
0)
Bu
(0
10 CO (0 CO
'-I ®. <
5U-I
^ o
fe Qu
jj
•»H
3
!
a;
j*
u
•»4
CC
?
i
CO
*
U-l
O
§
CO
»H
«
1
fl
2
5
M U
o-l
-------
s
•r*
4J
IV
i-H
i-t
Cu
I
5 ® I» 3 *
Q _| Q ,-( Q i—I
6-1-1 E •** E •"•'
S Bh ai Eb S Du
ai
« "aw
H fll
(X E ' CU & Cu Z
' f
C
•i-i
.u
18
•^4
« iu
Svu
. o
O
s
vu
0
JJ
o
vu
4)
cu
2
4J
•rt
2
CO
-^^» ^
1 I
oil
•1H
a
o o
U-l
8
O
m
!"
r- ^
Eb
1^
~.g
0) (Q
4->
C <
OJ O
6
-------
10
l-l
Cu
c
m
OH
1-4
<0
(0
I—I
a.
*H
<0
—1
•0
05
»H
•»4
CL,
II
m o
o2 aj
••—i
<: o
8
r—I —*
S^
J°
ra jj
m O
K 3)
•r-»
£ 0
JJ
CO
l-s.
4
E2 t, o co
o e
«
jj
m
jj
u
g
^ ca
18
°6
8*
•^ o
UJ JJ
tw o
0 g,
< CO
feS
(0
O >y £ 3
. O -" T3
M JJ rj
0 J-> c to o
JJ u 2 Q) -^
o o 5 S "^
aj cu 0 3 a?
Q. a> O J-> Di
W (X (0 —I
C T3 JJ
M JJ 0) C •*
JJ X M
03 0) O
-------
oa
m
l
g
•r4
JJ
0>
I
il
P
en -«4
SS
i-§
C JJ
as
w -*«
S TJ
n
i—i 0
03 O
® *t? V
jj 4) aj jj a>
10 i-t 5 <0 <-*
Jj T-l JJ JJ -^
03 Cb K cn Cb
2* O
C &
££ 2
M
» » fll •.
85-2 6
I
2
%
g
2 °
i •
ffi TJ
8
•38
••H
•o o
I *
53 jj
os cn
2
a
e
£
•«H
3
10
8
51
*^4
"5
>H
H
M
fe
(0
jj
I
jj
k
i—i
(0
« a
m
(N
CT
en
M
.52
i jj
cu o
u O
vu
O
gg
jj jj
(0 (0
U U
**4 >-4
vu vu
•*4 -^
kl JJ
S2
M $
O M
Cu O
£ TJ O
m c ft
(U vu tf
O M
> &-
N '> J
£25 2|g2
I w
5^
•as
g) j)
JJ JJ
(0 (0
JJ JJ
w en
••4
•o
n M
•SvS
o
jj
2
g
g
1-1
03
•r4
U
&
O
«J
O C
C 0
(O "H
C M
—4 ..-I
Eb >
I •*»
^°
L -w
jj
cn
vu
2) CU g O 3)
.C u vu *j
0 vV _c
vu JJ —' jj w
o „ •*- a .
ft ^
O U3
_
jj jj aj jj
nj M o 10
a> jj
8,
3 JJ
w o
28
gu
» «3
5 o o
M E U
o o o
jj
cn
" f * S
M C T3 n
«3 3i
JJ C O O
d) <0 O C p*
JJ -4 (H ~^ g
fO Orf O C) *J
fl) flj **4 (0 £
a y> '5 o <
-------
g
•V*
JJ
$3
c •*-*
g Cb
S
2
(8
jj
CO
S ®
03 iH
Q Cu
si
•o o>
rtl ^
B (Q
53 jj
£ co
S3
O Qu
I"E
*Q Q)
m jj
E *0
m jj
£ CO
8
iH
o»
2
2
*
g
1
*
s
w
03
JJ
I
U
C
•1-4
JJ
nt
M Q
0)
jj
Q
CO
CN
c
g
03 03
JJ -r*
-g
X jj
i5
fiiti
^u
gg
JJ L ..
(0 < <
co S a
000
2
CO
03
is!«
•p ••* 03 •<-*
£ 03 JJ >
(fl —< C "^
N > (0 Q
JJ I
•** C
CO •£
Is •-
•P-- M 52
h, 03 JJ -<-t
S**^ C >
> "J ""J
(0 -»H id Q
X Q O
•"' ~ W
O O ••<
u I JJ
•U 1 !0
C < w
Q £U JJ
O U 03
JJ
35 -^ oh
*j jj I
?ss
in
gjj"
U 1 E
« 5 p
id JJ Cu
10
1-t
o
i
JJ
M C 03 M
S °^£
?«r
5 5 8 H i
3ic:*!<
<0 O *O *w O
•J ••* QJ 3
-------
0)
J-l
I
2
5
i I
I 0
5
•ft
5
en
'35
8
81
•P-M
"S
ft
2
n
jj
I
Cfl
2c
e a
2
O
2
(0
W
o
< jj £ 0
i 03 « JJ -Q
S "S
"(0 U
2
*
5
2
g
-------
C
.^
JJ
0)
§
«
f4
• r4
Cb
JJTJ
(X M
2
CO
g
82 85
C -H C •"*
S c 5 tu
fl. C QJ
of «j co •
id m (0 o
H-l •<•* •»*
^3 T3 ^? CD
2 2
8 g
* *
6 S
I
9) I
£U
«H
«J
B Ch
2
g
*i
S
o.
JJ
£
0)
JJ
en
-*4
w
c?
•*H
1
rH
2
to
JJ
c
•**
JJ
C- JJ
c
M Q
S
(0
JJ
C/3
I
S
•1-1
CT
$
ia
CT
JJ
C <-*
jj a; a
8) C JJ
in 5 a M uj a;
caioO'j-iF' .__
O tn «j IQ Oe]«4 (0
aajjj-Hjj^ aajjj-*
to os c as co o w 05 ~ ~
03 O
Sf-tCTO-? UOE-iO>O<: O
Y M $ —H 35i'-(5i~l cj
gjijdSCgjiu x-1-- -»-
jJ \ I .C JJ uj
, «J s < t3 15
•S to
n c
^ 5
jj
UJ •O «J
O g O
u
w -^
c o «
nj ga
^ O,
a w
-------
Eh
S
Oi
4J
CO
CD
(0
3)
pH
•.-I
Cu
C
•r-4
JJ
4J
Ji
i
2s
0)
2.5
•»* vu Q
Dl 0 M Li
$ flu aj
£ co o
4: & 3 JS
2
*
g
2
i:
0)
oJ
W
S S
••* CT
JJ ^4^
•5 g
jj •£
m o 2
«— c
g
f*
4J
^
i-l
RJ
M D m
0 O O
«
» CO
5 S
y —( CT
O CU ^^ C
U *J - •»*
«-]?
JJ £ ffl
(TJ S
•^ 4) uj
M fii O
o, jj q
e e
0}
_i83; -g^-5
IQIQO 4-1 M • i—I CO
CUr-nCOO mgj.f^-^
C CUTS JJ <0 CU •^ Qu Q
O
-------
I
4J
I
Gu
af
•-4 -H
10 10
V
^H
•<-4
Du
0}
A
1
•^H
JJ
§
2
*
§
1
5
"3
5 §
jj —i
§jj
<0
~ 1
(11
g
•»4
JJ
a
»H
10
CO
&
M Q m
co
-u ij -u • co
M 01 O O O O CT ^^
C 3 P $ *J • ~4
C *^ T3 w Qi 30) (0 Q)
^ W CO 0 £ T "7^ Cp W *7^
2*^0) ™-^ co O-^ WjJ O
g'H^lC 5 diJi-H >» W JJ
Ct,
-------
g
-r4
JJ
CD
i—I
••H
Cb
CO
•-H
JO
I
0)
"
JJ JJ
§••"> Q O
o o o
M« H H
M M
) Cb Cb
i
cc
r?
(X
JJ
I — CT
fl) -1-1
JJ > JJ CO
O —i C CO
(0 JJ 02 3 .*
C M O W
808 i
«
r— 1
Oi
CO
M Q
s a,
w JJ
O c
JJ CU
o 5
2
o
(0
CJ
H
>
8
fH
C
CO*
.N
en m
CO —i
Eg
c?S
-------
£
0)
W
JJ
o
ib-2
1-1 C
3
•»4
fc,
I
3
I
"5 o
-H JJ rH JJ
§(Q US 2
~ C .
••* O •**
-< -p -^ T3
£H in
a S £ E
i
2
2
*
5
2
2
*
S
2
2
»
g
o
CO
•F*
S1
•r4
"S
0}
s
CD
(0
i £
•H
jj co
S
Q
M Q
3
Jj
5
5*
fi
3
o
8?j7 s
•-< C C
jj j« a
5*1
•~4 IB
cjt C H ij
m -<^ H4 cu
B -p b o
< 5^'^
&n GJ *j
O 2 o
8
CO
Jj
0£f s^
jj co ^ £ S
-^ jj o
> M 3t -p ti
—< 0 M C
JJ 04*0 (Q (U
o m 2 $ >
<• 2 «J < u
UJ TJ
«w 2
us
c^^
en
o a
\ U-l k
W O O O
»I4 rn ^H ••*
O «! C? co ra
& < &
o e
4J
U «
(0 £
JJ JJ
0)
CO w
ScV
i-l flj
RJ -»H
M U
U-l
O
id IB
O jj>
CO OJ
8M.
S8
*H
A
3
QI
:§
CO M ,
co o j3
«) 04
M C 0
a. -^ jj
CO
1-4
-------
0)
.-4
••H
Cu
0)
10
U 0)
O
^j
c
JT5
I
I
I
m
S
(0
8
i
V3
«
ti
8,
J
VO
C
JJ
03
0)
03
'S3
s
?
03
C
8.
1
(0
g
S U 3 O & CU U
o o o o o
03
•••>
V
M
04
03
0) U-l
JJ O
JJ
0) 03
0)
03 03
"< 03
i_l -^
to
1-40) O 03
«« -U 03 ---
te
-' 3>
5
M < JJ fl) "O -M
fl iu Q. w w C JJ
EOW*
C u-i Q,
•n w JJ E yj fl,vu
C 1J9J O8>0fl)-'^
(0 [2 wJ Cb M JJ UJ —
0 00
0)
r-(
03
03
I
£ A3 U
855
t4
«5 -HO
0) 03
— H JJ
|Q C
a-8
^g1
0>
&
I—I
, <2 £ c>,i2E
0)^11 ^-HLL
•y^??1 -y*i
-------
Appendix D
%
The following pages constitute a sample cost recovery plan that may be
used by the Regions to facilitate the development and gathering of documents,
assess the evidence, issue demand letters and prepare for negotiations and
litigation The use of a cost recovery plan is purely optional. If a Region
chooses to use the cost recovery plan as a management and enforcement tool, it
may use any format it chooses. The plan included in this Appendix is intended
only as a sample.
-------
-------
cu
cc
cs
fe
1
03
CO
S2
*B
M
H
s §
to
I
to cu
JJ
?
i-H
3
H
CD
u
ffl
CO
U
M
H
i—i
M
8
EL.
a
z
-------
(N
I
tn
S3
•-H nj
JJ Jj
0) CO
i— i
to
o
JJ
a
U-l
iQ C
tn «
*4
ij) m
jj a
(0
•-« JJ
-i U
ie:iuoo
doiddv
c
1
-------
z
M
£
I
£3
C-l
H
3
1-1
03
Cu
Cu
§
fe
2
a
s
w
0)
f™4
i
•H
§
4J
a
S
<*rf
u
0
•r-
£
£
Assigned It*
CL
%
to
a
,
4J
•rt
>
•H
Jj
CJ
<
1
81
•H
•»
f
>nitot O
r- »
•t
S
•i tO 0)
-U OJ >I-H
iJ K JJ JJ
(0 •<•« ij
CU M-l -H (3
« ° i*14
»H c s u tQ -i-t cu
gj .^
-------
•^H
jj -y
CD V
i-t jj
Q, U
o 'o
si
•a
1
• H
03
a
0)
U3
C
'!c -c
JJ 1} 1
jQ 05 (T3 C
o 3 D
n ! [ i
*O CD O O
C Jj Qj
rtj Jj
C (0 0)
03 i CD
C JJ -^
3 03 a; -H jj
in C C •** 5
,
• ^ -F— t (*\. (^J i—4
> C- ^H (TJ
£ 83 22
ro
»
IS? 4
jj nj O T3 i
T3 JJ 03 —i £ C C
C (0 -^ C 03 p «3 -^
rt3 £~ 03 rt3 *H *4
jj C •— 1 O U-i (1J 0)
03
JJ
§
^
*j^|
O
S
O
3
H-t
H^
u
^
Cu
<» 03 O "O C «J 0)
*H 4J > O -U 5
•^ C 0) O T3 -H W
y-j oj > c c 4J jj
•o § 2 01 jj oT jz
3 O -|H d5 CJ 0 •
u-i T; 0 JJ -J g-uo3Qi
M JJ C 3 3 O OJ 3
3 (y O T3 *O ^ C 'O
^4 Q3 (0 d) ^1 w O^ ^^
^o-oca ZTonjo
<0 -"^ O X (0
C03>-^0> OJ •« ^ 0)
OajOJiJ 0303(0£
•^ -H (TJ Jj 0) «J -1 JJ
oidiwzc ocuo
i5gn3 aj ojjj'oc
OSO COS Ci-iCU-'-'
TJ JT 3 • (0 Cti
SCqjJJUQl C3 T3
•^ (T3 3 -C T3 *^ ^3 'O Ci) ^
>JJ JJ ^i JJ'O^'H
(U ^ fl) -rj O (ts n ni jj n
dS0^34JE DIO>
• •
^ CN
-------
i Date
Actual
5
•t-i
JJ TJ
o; 35
rH JJ
to
'o
fi
CO
a
jj
en
•4
JJ
"g
I
M
Ctl
^Q
1
2
jj
jj
fli
"•3
"g*
c
(fl
d
•
S
u
o
jj
^
a
IJ-I
O
^j
cn *^*
•f«4 fl}
03 1-5
.s?
(Q (Q
65
Q
«N
JJ
O
0
S
1
5 O
($ 4J
f-< *M
JJ
SQ
Ql
W fH _fl)
C JJ Z
O 03
•<-( -
a, FH F.
J a
«
• og
§5
CD JJ
M U
JJ fl)
U5 tt
(0
JJ
Q) Q
O E
c S
*s
•" <
M 'O
co Q
CO
co u-i
c
• •8
CN >-*
CO
(0
CO*
jj
X
u
Select
1
S
U-l •
0)
£ JJ
CJ «J
«4 --^
(TJ *4
c^S-
•4
Ǥ
aj
3
jj
J
JJ
IQ
.^
JJ
f
a
Develo
-T
CO
o
vu
IS
1
•g
«3
0)
jj
(0
JJ
CO
f*^
JJ
-l-l
5
s
2
Oooidi
in
i
CO
o
0)
I
u
s
I
JJ
^
o
U-I
c •
M CO
*4 JJ
a^
-------
vl,
.
V ra
JJ 3
s
0)
r-1
S
u
Uj
o>
CO
I
>
as
(0
s
3
*4 M
*v w
CO
W IT]
OJ
-------
CO
cu
5
"8
jj
ra
•M
a
CO
i
CO
CO
* 1
*j (Q
10
3
CO
CO CT • 14
•<•* Cu & fl>
*S."fci
CJ -J CO CU
•^ (T5 0 0 fa
•-I ~-l *J -C
a 3 JJ U4
OIT3
<0 .C "O O "O
d> c c c
cu «o a) O -^ TT
O 3 O JJ »-i
cu cS 0 c; 3
a, jj 0 qj 3
co us jj co £
• M !0 CO
Q JJ CO
a co •i-( 0
> CO O •O JJ CO
ffl 0 O C CO
g -I 1C C -H
0 T3 C •- 0
-j 0)
5T, «^ »g
C rH Q
-c a a
.a
(0
CO
•IH 0 -H CO (0
.C JJ -H
_ 3 (0 -^ CO iu
0 '*t O 0 O
^0 0 <0 3 uj
JJ C W-i CO
CO -^ 0 CO 0
•i-l CO CTi-4 •"-! JJ
I flJ fl3
jj (0 -H «j 0 'O
)-( JJ a> CO
iu i—* 'O 0 0
O 3 S J 3
u_i £ tu H T3
-------
-------
Appendix E
«
•*
It is suggested that central files be set up in each Region to facilitate
«*
the cost recovery data gathering effort. Each Region must of course decide for
itself whether a central filing system would be beneficial and whether it is
logistically feasible. Appendix E contains a sample file structure that the
Regions might consider if central files are to be set up.
-------
-------
APPENDIX E
PROPOSED FILE STRUCTURE
To adequately document activities taken at a Superfund
site, an organized filing system is essential. A well defined
and maintained filing system will minimize duplication of files
as well as the time and effort required to locate documents,
facilitate the transition to the negotiation or litigation
phases of the cost recovery process, and allow Agency staff to
obtain status information about a site for management purposes.
The details regarding such a filing system are discussed in
a guidance paper entitled/ "Regional Paper File Structure,"
Final Draft, U.S. EPA, Office of Emergency and Remedial
Response, Office of Policy and Program Management (OPPM) ,
December 1, 1982. The file structure which is presented in
Exhibit E-l is based on the one outlined in that guidance paper.
As appropriate, subsets of the files listed in Exhibit B-l
or additional files could be established for those sites which
have extensive documentation requirements. It is important to
note that the "Enforcement* file is defined narrowly (see
description below) for purposes of this filing system. A
filing system organized for an enforcement action would
necessitate the use of information contained in many different
files.
EXHIBIT E -1
FILE STRUCTURE FOR SUPERFUND SITES
«
Site Overview
Congressional Inquiries/Hearings
Remedial Response
Discovery/Hazard Ranking
Remedial Planning
Remedial Implementation
State and Other Agency Coordination
* Community Relations
Removal Response
Imagery
Enforcement
Contracts
Financial Transactions
Exhibit 'B-l specifically suggests a fil« location for each
document listed. Generally however, the files listed in
Exhibit E-l should include the following types of information:
-------
-2-
Site Overview -'Includes site summary, chronological list
of events and dates/ and selected computer system reports.
Congressional Inquiries/Hearings - Includes correspondence,
documents released in response to Congressional requests,
testimony presented at hearings, hearing transcripts, r
Congressional committee reports and surveys regarding the
site. ^
Remedial Response
Discovery/Hazard Ranking - Includes all documents
relating to the initial discovery or notification of a
site, documents regarding the preliminary assessment
of the site (e.g., information about site operation,
site investigations, sampling and analysis,
hydrogeology and biological inventory of surrounding
area), and hazard ranking forms.
Remedial Planning - Includes documents relating to
preparation of the RAMP, action memo, any remedial
investigation reports, feasibility studies, plans and
specifications; and design reports.
Remedial Implementation - Includes all permits, sampling
and data analysis, daily logs recorded at the
site, OSC reports, health and safety plan, documents
regarding monitoring or maintenance activities.
State and Other Agency Coordination - Includes all
Inter-Agency Agreements-, Memoranda of Understanding,
and all documents relating to the negotiation of a
Cooperative Agreement.
Community Relations - Includes all communications with
community organizations or individuals, minutes or
transcripts of public meetings, documents relating to
the Community Relations Plan, documents relating to
the heal-th and safety plan, public comments on EPA
proposals and responses, press releases, and newspaper
articles and TV transcripts.
Removal Response* - Includes all documents relating to
response initiation, development of scope of work, and
response implementation for immediate and planned removals.* '
This file may not be located in the central file as the OSC
may need to retain all of the documents prepared in
connection with the removal. If possible, an index of the
documents cpntained. in the removal file should be included
in the central file" and the name and phone number of the
OSC or other responsible persons should be noted..
-------
-3-
Imagery - Includes all current and historical photographs/
infra-red, thermal or other remote sensing of the site/ and
any photographs or video tapes taken during a response
action.
Enforcement* - Includes information directly related to the
enforcement aspects of response actions taken at a site.
It includes data on prior legal actions (Federal, State and
Local), information relating to potential responsible
parties such as manifests, notice letters and responses,
negotiation documents, and demand letters and responses.
As noted above, additional information necessary to support
a cost recovery action will be included in other files.
Contracts - Includes all documents relating to the
development of the scope of work, request for proposals,
review of bids, contractor work plans and reports, EPA
reviews of contractor performance, and all summary reports
regarding the TAT or REM/FIT Contracts.
•
FinancialTransactions** - Includes all documents relating
to allocation and commitment of Superfund monies (e.g.,
Action Memo), planned cost documents (e.g., RAMP
projections), estimated cost documents, obligation
documents (e.g., OSC obligation log), OSC-certified
invoices submitted by contractors, records of payment by
EPA, all internal (EPA), external (Treasury or OMB) and
trust fund reports relating to the site, State
letter-of-credit drawdown vouchers, State Quarterly
Reports, and other federal agency reports.
* This file or portions of this file may be located in the
Regional Counsel's office due to the confidential nature of
the material.
** See Regional Financial Procedures Manual, Draft, U.S. EPA,
August 29, 1982 for additional information regarding the
site financial file.
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street
Chicago, Illinois 60604
-------
------- |