y                     TABLE  OF CONTENTS
  SCOPE AND OBJECTIVES   .....  .  .  ......... ....  1


  SUMMARY OF FINDINGS    ....................  3


     '
fVACTION REQUIRED .......................  5

     '               '

  BACKGROUND  .........................  5


                          -
  PREVIOUS AUDIT REPORTS  ................  ...  6
^
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  FINDINGS AND RECOMMENDATIONS

    1 .  Accounts Receivable  Need To Be Recorded ........  8

    2.  Prompt Action Needed To Collect Amounts Owed  ..... 23


  EXHIBITS

    1.  Schedule Of Settlement  Documents Forwarded To
        FMO And Accounts Receivable Timely Recorded
        Fiscal Year 1989   ................... 33

    2.  Schedule Of Super fund Cost Recovery Collections
        Reviewed And Reasons For Lost Interest To The
        Superfund Trust Fund, Region 3  .... ........ 36

    3.  Schedule Of Superfund Cost Recovery Collections
        Reviewed And Reasons For Lost Interest To The
        Superfund Trust Fund, Region 4  ............ 39

    4.  Schedule Of Superfund Cost Recovery Collections
        Reviewed And Reasons For Lost Interest To The
        Superfund Trust Fund, Region 5  ............ 43


  APPENDICES

    1.  Assistant Administrator's Reply To OIG
        Draft Report   ........... ..... ..... 47

    2.  Distribution   .  .................... 55
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                                              HEADQUARTERS LIBRARY
                                              ENVIRONMENTAL PROTECTION AGENCY
                                              WASHINGTON, D.C. 20460

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•N.

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         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                      WASHINGTON. D.C. 204*0
                          March 28, 1990
                                                       OFFICE OF
                                                   THE INSPECTOR GENERAL
MEMORANDUM

SUBJECT:  Audit Report  E1SJF9-05-0 2 74-010.0,2 07
          Review of Superfund  Cost Recovery  Accounts
          Receivable  Establishment and Collection
FROM:     Kenneth A.
          Assistant  Inspector General  f<& Audit  (A-109)

TO:       F. Henry Habicht
          Deputy Administrator  (A-101)

                       SCOPE AND OBJECTIVES

We performed an audit of the collection of  Superfund cost
recovery amounts.  The purpose  of the  audit was  to  determine if:

 1.  Cost recovery amounts were recorded  as accounts receivable
     in EPA's financial records.

 2.  Cost recovery amounts were collected in a timely manner.
                                                                0
 3.  Interest was assessed upon late payment.

We reviewed Superfund cost recovery amounts which resulted from
cost recovery enforcement actions for  Regions 3, 4  and 5
Superfund sites.  The review focused on amounts  due from  cost
recovery actions completed from October 1,  1986  to  September 1,
1989.  We judgmentally selected to review the cost  due from cost
recovery enforcement actions completed during Fiscal Years (FY)
1987 through 1989.  We also reviewed the  collection of oversight
costs for selected enforcement  actions in our sample.

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                                               Total
          Enforcement              Oversight   Settlement
          Actions                  Costs       Actions
Region    Selected       Percent   Reviewed    Reviewed

  3        11 of  .44       25         3           14
  4        17 of  56       30         4           21
  5        16 of  52       II        _4           .20.
Total      44 of 152       29

We recognize that, because our sample of enforcement actions was
a judgmental sample and not a statistical random sample,
statistical projections can not be made on the remaining
enforcement actions in the universe.  However, while our findings
cannot be statistically inferred to the larger universe of
enforcement actions, our sample was sufficient to satisfy our
audit objectives.

EPA delegated the responsibility for tracking and collecting cost
recovery amounts owed to the regions at the beginning of FY 1989.
Therefore, the regions were responsible for all Superfund cost
recovery activities including the recording of accounts
receivable and ensuring the payments were collected in PY 1989.
For the prior fiscal years, the regions were responsible for all
other activities related to the collection of cost recovery
amounts owed except recording and collecting.  These activities
included forwarding settlement documents to financial management,
and billing responsible parties for oversight costs.

Our regional reports were issued as follows:

     Location       Report Number         Date Issued

     Region 5          0100126          January 25, 1990
     Region 4          0100152          February 14, 1990
     Region 3          0100172          March 6, 1990

We performed the audit in accordance with the Government Auditing
Standards issued by the Comptroller General of the United States
(1988 revision).  Fieldwork was conducted from July 17, 1989 to
January 19, 1990.  We reviewed reports, policies and procedures,
and cost recovery and accounts receivable files.  Also, we held
discussions with Headquarters and regional Superfund, Counsel,
and Financial Management officials.

Significant instances of noncompliance with internal
administrative controls are detailed in this report.  No other
issues came to our attention which were significant enough to
warrant the expanding of our review.

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We discussed our findings and recommendations with Financial
Management officials.  Their comments and actions taken in
response to our findings are discussed in the body of this
report.  A copy of the Assistant Administrator for Administration
and Resources Management's  (OARM) March 15, 1990 reply to our
draft report is attached as Appendix 1.

                       SUMMARY OF FINDINGS

Debts arising from consent agreements in enforcement actions and
Superfund^cost recoveries are valuable government assets, and EPA
procedures are intended to protect these assets.  These assets
were not adequately protected because (1) cost recovery amounts
due were not recorded on the Agency's financial records, (2)
collections were not timely, and (3) interest was not collected
in all cases.

1.   Accounts Receivable Need To Be Recorded

Neither Headquarters nor the regions timely recorded accounts
receivable on the financial records of the Agency.  For FY 1989,
$5.3 million of $5.9 million (90 percent) of the payments we
reviewed were not timely recorded as accounts receivable.  Thus,
the Agency's control over monies owed to the Super fund Trust Fund
was ineffective.  Because receivables were not recorded, the
Agency was not aware of what payments were due the Superfund
Trust Fund.  As a result, a payment might be diverted, lost, or
not paid without anyone being aware of it.  This also results in
late payments with a resulting loss of the applicable interest as
discussed in Finding Number 2.

The Agency was also not meeting internal control standards which
require that significant events be promptly recorded and properly
classified.  The failure to record accounts receivable for
amounts due to the Superfund Trust Fund is a material weakness in
internal controls.

The FY 1989 Agency Operating Guidance stated that the success of
collecting cost recovery payments depends on being sure case
closing information is immediately sent to the regional financial
offices.  This ensures that collections can be properly recorded
and.receivable amounts can be accurately reported to management.
We found that accounts receivable were not recorded because:  (a)
internal controls were not established for forwarding settlement
documents to the Financial Management Office, (b) judicial orders
were not promptly obtained from the Department of Justice, and
(c) the Financial Management Office did not timely record
accounts receivable on the financial records when settlement
documents were received prior to payment.  In addition, the
regions did not establish routine procedures to regularly
reconcile Superfund and Office of Regional Counsel records with
the financial records.

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In response to our draft report recommendations, the Assistant
Administrator for Administration and Resources Management
outlined several measures to strengthen the control over accounts
receivable.  He also stated that all regions will be provided a
copy of the final report.  Each region will be requested to
continue to strengthen procedures for internal controls over
Superfund accounts receivable.  The actions outlined by the
Assistant Administrator, when implemented, will substantially
correct the deficiencies cited in our draft report.

We recommend that the Deputy Administrator ensure that the
Assistant Administrators for (a) Administration and Resources _
Management, (b) Solid Waste and Emergency Response, and (c)
Enforcement and Compliance Monitoring, the General Counsel, and-
the Regional Administrators work together to complete the planned
corrective actions.

2.   Prompt Action Needed To Collect Amounts Owed

Neither Headquarters nor the regions were promptly collecting
cost recovery amounts owed to the Superfund Trust Fund.  This
resulted from (a) delays in sending accounting data to
responsible parties, (b) late payment of amounts due, (c) delays
due to responsible party requests for further documentation
and/or dispute of cost billed, and (d) delays in notifying
responsible parties of the effective date.  These conditions
existed primarily because (a) the regions did not have a system
for tracking when accounting data were needed and (b) consistent
action was not taken to ensure prompt collection of payments.
Delays in collecting amounts owed resulted in lost interest to
the Superfund Trust Fund of $103,856.

Of the 55 settlement documents reviewed, we found 22 cases (40
percent) where collection of amounts owed was delayed.  The U.S.
Treasury Department currently invests Superfund monies in 52-week
U.S. Treasury MK Bills.  When cost recovery amounts are not
promptly collected, the Superfund Trust Fund loses the interest
which would have accrued.

In response to our draft report recommendation/ the Assistant
Administrator for Administration and Resources Management stated
that guidance for Monitoring and Collecting Oversight
Reimbursement was distributed to the regions on February 20,
1990.  Also, review procedures will be established to ensure that
oversight billings are promptly issued.  The actions outlined by
the Assistant Administrator, when implemented, will substantially
correct the deficiencies cited in our draft report.

We recommend that the Deputy Administrator ensure that the
Assistant Administrators for (a) Administration and Resources
Management, (b) Solid Waste and Emergency Response, and (c)

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Enforcement and Compliance Monitoring, the General Counsel, and
the Regional Administrators work together to complete the planned
corrective actions.

                         ACTION REQUIRED

In accordance with EPA Order 2750, the action official is
required to provide this office a written response to the audit
report within 90 days of the audit report date.  We have no
objection to the further release of this report at your
discretion.

                            BACKGROUND

In 1980, Congress passed the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), commonly known
as Superfund.  This law provides EPA with the authority and
necessary tools to respond directly or to compel potentially
responsible parties to respond to releases of hazardous
substances, pollutants or contaminants.  CERCLA was reauthorized
and amended on October 17, 1986, by the Superfund Amendments and
Reauthorizetion Act (SARA).

CERCLA Section 107 states that generators and transporters of
hazardous substances, as well as past and present owners and
operators of hazardous waste sites, are strictly, jointly, and
severally liable for the costs of cleanup.  Once EPA undertakes a
response using Superfund Trust Fund monies, it can recover costs
from the responsible parties.  EPA may recover Federal response
costs from any or all responsible parties involved in a remedial
action.  The monies recovered go back into the Superfund Trust
Fund for use in the future.

A major goal of the Superfund program is to have potentially
responsible parties (PRPs) cleanup sites that are releasing or
threatening to release hazardous substances.  The enforcement
process normally used by EPA to achieve this goal may involve
five major efforts.  First, EPA attempts to identify PRPs as
early as possible.  Second, EPA will encourage the PRPs to
cleanup the site.  Third, if EPA believes the PRP is willing and
capable of cleaning up the site, an enforcement agreement is
negotiated.  The agreement may be entered in court, or it may be
an administrative order.  Under both agreements EPA oversees the
PRP.  Fourth, if a settlement is not reached, a unilateral
administrative order may be issued to compel the PRP to perform
the cleanup.  Fifth, if the PRPs will not perform the cleanup,
EPA will perform the cleanup and file a suit against the PRP to
recover the money spent.

The Hazardous Substance Superfund (Superfund Trust Fund) is
administered by the Treasury Department.  It is funded primarily
by environmental taxes on petroleum and on the sale or use of

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certain chemicals.  Other sources of funding for the Superfund
Trust Fund are fines and penalties paid by individuals and
entities, cost recoveries, and interest.  EPA collects these
funds and deposits them into the Superfund Trust Fund.  When
amounts from any of these sources are credited to Superfund Trust
Fund, they are invested in U.S. Treasury MK Bills.  Monies in the
Superfund Trust Fund not needed for current expenditures remain
invested, and only those amounts required for current
expenditures are redeemed.  All earnings are credited to and
become part of the Superfund Trust Fund.


                      PREVIOUS  AUDIT REPORTS

CERCLA Section lll(k) states that the Inspector General shall.
conduct an annual audit of all payments, obligations,
reimbursements, or other uses of the Superfund Trust Fund to
assure that it is being properly administered.  The objective of
the annual audits include whether the Agency complied with laws
and regulations and established an adequate system of internal
accounting control.  The reports have consistently found that
amounts due the Superfund Trust Fund as a result of cost recovery
actions were not recorded timely.

     Fiscal                              Date
     Year           Report Number        Issued   .

     1983/1984     "    71911            09/16/87
     1986              80028            10/07/87 *
     1987              81917            09/21/88
     1988              9100488          09/22/89

       *  A report on internal controls was not issued for FT
          1985.

In response to the FT 1983/1984 draft report, the Comptroller
issued a memorandum to all regions emphasizing the importance of
notifying financial management of all debts as they arise so that
they may be recorded and collected timely.  Also, an internal
control review was conducted during FY 1987.   In response to the
FY 1986 draft report, the Agency delegated the responsibility for
recording accounts receivable and collection of cost recovery
payments to the Regions on October 6, 1988.

In response to the FY 1988 draft report, the Assistant
Administrator (AA) for Administration and Resources Management
(OARM) indicated that corrective action had been or would be
taken.  The AA stated that the Agency had instituted measures to
ensure methodical and systematic transfer of Superfund
receivables from Headquarters to the regions.  Training sessions
were held for regional offices, and interim procedures were
developed and issued.  Also, Headquarters Financial Management

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Division (FMD) had been very aggressive in monitoring the
transfer of Superfund receivables and resolving issues as they
occur.  In addition to transferring responsibility of Superfund
receivables to the regions, the AA stated FMD is aggressively
monitoring the clean-up of old receivables.  Since the report was
recently issued (September 22, 1989) we did not perform audit
work to determine whether the corrective action had been
completed.

Each of the reports warned the Agency that a large number of
unidentified receivables precludes the ability to manage
receivables and collections, and could result in a material
amount of lost interest.  The AA for OARM stated that the
transfer of responsibility to the regions was intended to improve
controls over Superfund accounts receivable.  Our review found
that controls over receivables have not improved, and has
resulted in lost interest to Superfund Trust Fund.

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                   FINDINGS AND RECOMMENDATIONS

FINDING NO. 1 - ACCOUNTS RECEIVABLE NEED TO BE RECORDED

Neither Headquarters nor the regions timely recorded accounts
receivable on the financial records of the Agency.  For FY 1989,
$5.3 million of $5.9 million (90 percent) of the payments we
reviewed were not timely recorded as accounts receivable.  Thus,
the Agency's control over monies owed to the Superfund Trust Fund
was ineffective.  Because receivables were not recorded, the
Agency was not aware of what payments were due the Superfund
Trust Fund.  As a result, a payment might be diverted, lost, or
not paid without anyone being aware of it.  This also results in
late payments with a resulting loss of the applicable interest as
discussed in Finding Number 2.'

The ultimate responsibility for good internal controls rests with
management.  Internal controls should be recognized as an
integral part of the collection of Superfund cost recovery
amounts.  Also, debts arising from consent agreements in
enforcement actions and Superfund cost recoveries are valuable
government assets, and EPA procedures are intended to protect
these assets.  Failure to report actions that create these debts,
or failure to report them timely, result in substantial losses to
the Superfund Trust Fund.  The failure to record accounts
receivable for amounts due to the Superfund Trust Fund is a
material weakness in internal controls.

The FY 1989 Agency Operating Guidance stated that the success of
collecting cost recovery payments depends on being sure case
closing information is immediately sent to the regional financial
offices.  This ensures that collections can be properly recorded
and receivable amounts can be accurately reported to management.
We found that accounts receivable were not recorded because:  (1)
internal controls were not established for forwarding settlement
documents to the Financial Management Office (FMO), (2) judicial
orders were not promptly obtained from Department of Justice
(Justice), and (3) the FMO did not timely record accounts
receivable on the financial records when settlement documents
were received prior to payment.  In addition, the regions did not
establish routine procedures to regularly reconcile Superfund and
Office of Regional Counsel (Regional Counsel) records with the
financial records.

SPA's Financial Management Manual, Chapter 7, states that an
account receivable is to be promptly recorded for all amounts
owed.  In order for a receivable to be recorded, settlement
documents need to be sent to the FMO.  EPA's Comptroller issued a
December 9, 1986, memorandum to all regions stating that Agency
officials responsible for actions creating debts must ensure that
copies of the settlement documents are forwarded to the FMO.  The
Comptroller also stated the responsibility for debts arising from

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settlements is not solely a financial management function, but
that all Agency staff are accountable for these assets.

EPA's Resource Management Directive System (RMDS), Chapter 2550D
"Financial Management of.the Superfund Program" (2550D), issued
on July 25, 1988, contains guidance on establishing receivables
for cost recovery.  The guidance states that Superfund Branch
Chiefs should ensure that settlement documents are forwarded to
the FMO within one work day of final signature.  As to
establishing accounts receivable, 2550D refers to RMDS 2540,
Chapter 9, "Receivables and Billings" for more information.
However, as discussed below, this guidance has not been issued to
date.

The amount and timing of cost recovery amounts may be found in
documents such as responsible party agreements, consent decrees,
administrative orders, settlements, court orders, or judgments.
The documents may require payment of a fixed amount, or may state
that EPA will send the responsible party accounting data which
specifies .the amount owed.  Any document, including accounting
data, which establishes an amount owed we refer.to as a
settlement document throughout the report.

Headquarters was responsible for tracking .and collecting cost
recovery amounts owed during FY 1987 and 1988.  This area was
included as part of the annual audits of the Superfund Trust
Fund.  The number of settlement documents we'reviewed for each
fiscal year were:                 -

     Region    FY 1987   FY 1988   FY 1989   Total

       3       .077        14
       4          1      .  3        17        21    .    '   •    ,
       5          1        11
     Total        ,2        21        J£

The following summarizes our review for FY 1989 in Regions 3, 4,
and 5.

Internal Controls Not Established

The Headquarters Financial Management Division (FMD) did not
ensure that internal controls were established for forwarding
settlement documents to the regional FMOs. ' When the
responsibility for Superfund receivables was delegated to the
regions, FMD issued Desk Operating Procedures.  The Desk
Operating Procedures state that one responsibility of the. FMO,
Regional Counsel, and Superfund program offices is to develop
administrative procedures and internal controls over the flow of
documents and information affecting Superfund receivables.  We
found that Regions 3,4, and 5 had not established these

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procedures.  As a result, settlement documents were generally not
forwarded to the FMOs.

The settlement documents reviewed in Regions 3, 4, and 5
represented $5.9 million due to the Superfund Trust Fund.  For
the 32 settlement documents reviewed, 59 percent (19 of 32) were
not forwarded to the FMOs.

         Number Of   Settlement      Settlement
         Settlement  Documents Not   Documents     Costs
         Documents   Forwarded       Forwarded     To Be
Region   Reviewed*   To FMO          To FMO        Recovered

  3          7            2-              5        $1,166,175
  4         17           12               5         1,956,645
  5         _£           _5               1         2,784.324
Total       &           19              ii        S5. 907. 144
  *  Each responsible party agreement, consent decree,
     administrative order, settlement, court order, or
     judgment is counted as a settlement document.  In
     addition, for the seven settlement documents where we
     reviewed the payment of oversight costs, each billing
     is counted as a settlement document.  For one of the
     settlements in Region 3 (Maryland Sand and Gravel), the
     billing for oversight costs had' not been prepared as of
     January 3, 1990, the end of our fieldwork in Region 3.

     Settlement Documents Not Provided

We found that settlement documents were not consistently
forwarded to the FMOs because Regions 3, 4, and 5 did not have
internal controls over the flow of documents and information
affecting Superfund receivables.  The total value of the 19
settlement documents was $4,363,453.  (See Exhibit 1 for listing
of cases . )

                    Number of      Costs
                    Settlement     To Be
     Region         Documents      Recovered

       3              2 Of  7      $  547,500
       4   '          12 Of 17       1,862,772
       5    •          5 of  8      ' 1.953.181

     Total           19 of 32      S4. 363. 453

       Region 3

     Region 3 officials stated- that Regional Counsel,
     specifically the Regional Hearing Clerk, was. responsible for

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 forwarding  all  settlement documents, to the FMO.  FMO in turn
 was  to date stamp  the  settlement document when it was
 received.   We found  that the settlement documents were
 generally not date stamped by FMO.  Also, Regional Counsel
 did  not keep a  log of  when settlement documents were sent to
 FMO.  Without a log  or date stamp,  we could not determine
 when the document  was  sent by Regional Counsel or received
 by the FMO.  Also, Region 3 had no  assurance that settlement
 documents,  when forwarded by Regional Counsel, were received
 by the FMO.

  Region 4

 Region 4 personnel were not consistently forwarding
•settlement  documents to the FMO.  Where there was only the
 recovery of costs, Regional Counsel attorneys were to
 forward the settlement documents to the FMO.  However, when
 the  settlement  document included future Remedial
 Design/Remedial Action work and recovery of costs, the
 remedial project managers in Superfund were to forward the
 settlement  document  to the FMO.  In a memorandum to us dated
 December 4,  1989,  the  Assistant Regional Administrator for
 Policy and  Management  stated that the Superfund Cost
 Recovery Unit will be  responsible for forwarding all
 settlement  documents to the FMO.

  Region 5

 On June 25,  1987,  the  Deputy Regional Administrator issued a
 memorandum  assigning responsibility for forwarding
 settlement  documents to the FMO.  Superfund was responsible
 for  forwarding  administrative agreements and Regional
 Counsel was  responsible for forwarding judicial agreements
 to the FMO.  However,  this was not  accomplished.  We found
 that settlement documents were not  forwarded to the FMO
 because (1)  Superfund  management did not clearly assign the
 responsibility  and (2) Regional Counsel had no procedures to
 ensure that settlement documents were forwarded to the FMO.

 Within the  Superfund program, remedial project managers
 assumed that the Cost  Recovery Unit was forwarding
 settlement  documents to the FMO.  Personnel in the Cost
 Recovery Unit assumed  remedial project managers were
 forwarding  settlement  documents.  To clarify who is to
 forward settlement documents, Superfund program officials
 issued a memorandum  on October 6, 1989, stating that the
 remedial project manager is to send a copy of the settlement
 document to the FMO.                                .        .

 Region 5 Regional Counsel supervisors were not
 systematically  reviewing attorney's work to ensure that
 settlement  documents were forwarded to the FMO.  To ensure

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      that: settlement documents were promptly sent to the FMO,  a
      memorandum was issued during the second quarter for FY 1989
      assigning the responsibility for sending all Superfund
      settlement documents to the FMO to a specific person.

      Region 5 is formalizing operating procedures between the
      offices Involved in cost recovery.  Regional Counsel,
      Superfund and FMO are preparing a Memorandum of Understand
      (MOU)  concerning Superfund cost recovery procedures.
      According to a November 13, 1989 draft of the MOU,  Superfund
      will be responsible for providing the FMO with all
      administrative orders.  Regional Counsel will be responsible
      for providing all judicial consent decrees and orders.

 An  Office of Inspector General report (number 80779) on  Accounts
 Receivables, issued on March 17, 1988,  found that debts  owed the
 Agency,  generally from civil enforcement actions, were not  being
 recorded as accounts receivable.  The report found that
 receivables were not recorded because settlement documents  had
 not been provided to the FMO.   The report recommended that  FMO
 instruct the FMOs to notify the head of the program office  when
 settlement documents were not provided.

 In  response to the report, the Comptroller stated that guidance
 on  action the FMO should take when settlement documents  were not
 provided would be included in RMDS 2540,  Receivables and Billings
 Chapter  9.   The guidance was to have been issued by the  end of FY
 1988.  However,  the guidance had not been issued as of November
 14, 1989, more than one year later.   According to FMD officials,
 the guidance was reviewed with two offices not concurring.   A
 contract was awarded to a CPA firm to make the required  changes
 to  the guidance.  The CPA rewrote the entire chapter,  and the
 contract was cancelled before finishing.   FMD personnel  are now
 working  on completing the guidance,  and sending it out for
 review.

 Settlement documents must be promptly forwarded to the FMO  so
 that receivables can be timely recorded.   FMO needs to ensure
 that each region develops administrative procedures and  internal
 controls over the flow of documents and information affecting
 Superfund receivables.

      Judicial Orders Not Promptly Obtained From Justice

 Regional Counsel officials in Region 4 and 5 stated that one
 reason judicial orders and decrees were not promptly sent to the
 FMO was  because the documents were not promptly sent by  Justice
 to  EPA.   Justice sends a monthly tracking report -on the  status of
 referral to Regional Counsel.   The report lists the status  of  the
 referral, including whether the order was entered.   Judicial
 orders are effective when they are entered by the court. We
.found that Regional Counsel did not receive the monthly  tracking

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report until two months after the order was entered.  By that
time, the due date of the amount due may have past.

Office of Waste Program Enforcement (OWPE), within Office of
Solid Waste and Emergency Response, yearly negotiates an
Interagency Agreement (Agreement) with Justice to provide legal
representation and associated support services for all Superfund
legal matters.  The Agreement includes a commitment of support
for EPA management goals and timeframes for filing/ prosecuting,
and resolving cases.  The Agreement for FYs 1987 through 1989 did
not include timeframes for forwarding completed orders to EPA.
OWPE needs to work with Justice to include prompt forwarding of
settlement documents as part of the Agreement.

Settlement Documents Provided But Receivable
Not Timelv Recorded

As shown on the schedule on page 10, settlement documents were
not forwarded to the FMOs in 19 of 32 cases.  Regarding the 13
cases (32 - 19} where settlement documents were provided, the
FMOs in Regions 4 and 5 did not consistently follow procedures .in
the Financial Management Manual to timely.record a receivable for
the amounts due.  (See Exhibit 1 for a listing of cases.)

               Timely    Not Timely     Could Not
     Region    Recorded  Recorded (l\   Determine (2Y

       3           20               3
       405               0
       5           £         1               0

     Total         2,         £               1

     (1)  Receivables were recorded prior to the effective date
          of the settlement document, when payments were
          received, or after costs had been paid.

     (2)  We could not determine when the receivable was recorded
          in three cases because the information that we obtained
          from financial records did not indicate the date the
          receivable was established.  The'information we
          obtained indicated the document date, which is the
          effective date of the order, and not the date the
         . receivable was established.

The total dollar value of the 8 settlement documents not timely
recorded as accounts receivable was $925,016.
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               Number of      Costs
               Settlement     To Be
Region         Documents      Recovered

  45          S 93,873
  5                1           831.143

Total              B          S925.Q16

  Region 4                             •

In Region 4, the proper documents needed to record a
receivable, specifically a copy of the administrative order
and written notice of the effective date, were not sent to
the FMO.  We found three cases where receivables were
recorded prior to the effective date.  Cost recovery
agreements are not effective until the responsible party is
sent written notice that a 30-day public comment period is
over.  The receivables were recorded prior to the written
notice being sent to the responsible parties.  The reason
the FMO was recording the receivables prior to written
notice was because the FMO was being sent the administrative
order prior to issuance of the written notice.  In a
memorandum to us dated December 4, 1989, the Assistant
Regional Administrator for Policy and Management stated that
the Cost Recovery Unit will work with the FMO to ensure that
the correct receivable dates are used.

We also found one case where an accounts receivable was
recorded after the costs had been paid.  Payments totalling
$10,000 were received on May 12 and 19, 1988, for Woodward
Property.  A receivable was subsequently recorded on January
31, 1989, eight months later.  The reason the cost due was
recorded as a receivable was because the Region 4 FMO was
sent a copy of the administrative order after the costs had
been paid.  Upon receiving a copy of the order, Region 4 FMO
recorded a receivable without checking to see that the costs
had already been paid.  The January receivable was still on
the financial records when we completed our fieldwork on
November 21, 1989.

  Region 5

Region 5 recorded receivables only when payments were
received, even when settlement documents were forwarded to
the FMO.  In addition to the settlement documents provided
by Superfund and Regional Counsel, the FMO did not record an
account receivable after we provided a settlement document.
Ormet Corporation signed an administrative order that
required payment of past costs and yearly oversight costs
based on accounting data provided by EPA.  The accounting
data were sent to Ormet on May 23, 1989.  Costs due to the

                           14

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Superfund Trust Fund were $385,845.  The settlement document
was hot forwarded to the FMO.  On August 1, 1989, we
provided the FMO with a copy of the settlement documents
heeded to record a receivable.  Even after providing the
settlement documents, the FMO had not recorded a receivable
for the $385,845 owed, as of the end of fieldwork on
November 17, 1989.

In a memorandum dated August 30, 1989, the Region 5 FMO
outlined interim procedures for Superfund accounts
receivable.  The interim procedures designated a person
responsible for ensuring that amounts owed are recorded as
receivables.  Also, Region 5 plans to locate all settlement
documents which were not forwarded to the FMO, and determine
whether cost recovery amounts were collected.  Where amounts
were not collected,vthe FMO will record the amount owed as
an account receivable and follow up with Regional Counsel
and Justice to affect collection.

For one case, Northernaire Plating, Regional Counsel
officials stated that the accounts receivable was not
recorded because the responsible parties have filed an
appeal.  The appeal has not yet been decided and it could
result in a change to the amount the responsible parties
will owe.

EPA's Financial Management Manual, Chapter 7, defines an
accounts receivable as an amount owed to EPA.  Further
guidance'is not given as to when an amount is considered
owed to EPA.  However, the Treasury Financial Manual
codifies instructions for the guidance of departments and
agencies of the Federal government.  The Treasury Financial
Manual defines a receivable as an amount owed the Government
from an individual, organization, or other entity in
satisfaction of a claim.  It further states:

     Any amount that is under appeal or in litigation
     should continue to be classified as "delinquent"
     or "not delinquent" and should be carried in its
     original status as a current receivable until the
     Government changes its position regarding the
     amount that is due and. payable, through either a
     decision of the courts or an administrative
     settlement directed by a responsible Government
     official.
                   c

Accounts receivable are to be recorded for all amounts owed
in order to ensure- control over receivables and to promote
aggressive collection efforts.  Specific guidance needs to
be provided to the regions on when amounts owed should be
recorded as accounts receivable.  Language similar to the
                           15

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     Treasury Financial Management Manual should be included in
     HMDS 2540, Receivables and Billings, Chapter 9.

EPA needs to ensure that accounts receivable are timely recorded,
as required by the Financial Management Manual.  Also, each
region should implement procedures, similar to Region 5, to
locate settlement documents which have not been forwarded to the
FMO, and determine whether cost recovery amounts were collected.
Where amounts were not collected, a receivable needs to be
recorded and follow up action taken to affect collection.

Reconciliation Procedures Would Help Ensure
Receivables Are Recorded

Regular reconciliation of Superfund and Regional Counsel records
with the financial records would serve as an internal control to
assure that all settlement documents have been forwarded to the
FMO and the receivables have been recorded.  RMDS Chapter 255OD
states that the FMOs are to establish routine procedures with the
Superfund Branch Chief and Regional Counsel to regularly
reconcile Superfund and Regional Counsel records with the
financial records.  In addition, the offices are to exchange
information on the status of debts, including cases concluded by
Justice.  Regions 3, 4, and S had not established these
procedures.

The Superfund program and Regional Counsel each have computer
systems which include information on cost recovery enforcement
actions.  The Comprehensive Environmental Response, Compensation,
and Liability Information System (CERCLIS) is a historical
database of the Superfund program, containing the official
inventory of CERCLIS sites, and serving site planning and
tracking functions.  Headquarters relies on CERCLIS as the source
of data for plans and accomplishments.  The Enforcement Docket
System (Docket) is the main case-tracking system of the
Headquarters Office of Enforcement and Compliance Monitoring
(OECM).  The docket system was established for tracking and
managing judicial enforcement cases.

The ultimate objective of a computerized information system is to
collect all the data pertaining to an operation and to amass it
in computer files from which any information and all reports can
be readily extracted.  In a June 18, 1986 speech, EPA's
Administrator stated that national program systems, such as
CERCLIS and the Docket, have traditionally suffered from
incomplete and untimely data for a number of reasons: (1)
imprecise definitions of reporting requirements, (2) a lack of
management attention (there were no real consequences when
reporting requirements were not met), and (3) computer systems
that have been relatively inaccessible for either data entry or
retrieval.


                                16

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During our review, we attempted to identify cost recovery
enforcement actions completed from October 1, 1986 to June 30,
1989.  We compared information from CERCLIS and the Docket.  We
did not attempt to determine whether all cost recovery
enforcement actions are listed in CERCLIS or the Docket.  We
found that neither CERCLIS or the Docket contained a complete
list of all cost recovery enforcement actions.  Enforcement
actions need to be timely and accurately entered so that accurate
reports can be generated.  These reports can then be used to
reconcile to the financial records.

       Regions 4 and__5

     After we began our audit, Regions 4 and 5 took steps to
     reconcile the information contained in CERCLIS and the
     Docket.  A Region 5 November 13, 1989 draft MOU, includes
     the establishment of a consolidated tracking system for cost
     recovery as a area for possible future refinement.  In the
     interim, Regional Counsel and Superfund will periodically
     reconcile their tracking system reports.  In a memorandum to
     us dated December 4, 1989, the Region 4 Assistant Regional
     Administrator for Policy and Management stated that the
     Superfund Program office will reconcile cost recovery
     enforcement actions listed in CERCLIS with those listed in
     Docket.  Additional reconciliation to the financial records
     would ensure that settlement documents have been forwarded
     and receivables recorded.

       Region 3

     Region 3 has the information needed to reconcile program and
     counsel records, but the reconciliation process has not been
     formalized.  Regional Counsel has its own tracking system
     for penalty payments, which the region refers to as the
     "Administrative and Judicial Penalties" tracking system.
     The Regional Hearing Clerk uses the system to track
     administrative and judicial enforcement cases.  Cases are
     tracked by defendant name.  The system tracks the status of
     settlement documents, when payments are due, and whether the
     debt had been paid.

     The Regional Hearing Clerk was to send a copy of the
     tracking system report each month to the FMO..  However, FMO
     officials stated on January 3, 1990, that they do not
     receive the tracking system report on a regular basis.  The
     report can be used to determine whether all settlement
     documents had been received from Regional Counsel.  Formal
     procedures are needed to ensure that the tracking system is
     regularly reconciled to the financial records.

Each region was to establish procedures to regularly reconcile
program and counsel records to the financial records.  This

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reconciliation would have served as an internal control to assure
that receivables were recorded.  EPA needs to ensure that
reconciliation procedures are established.

                            *****

The Federal Managers' Financial Integrity Act (FMFIA) requires
that U. S. General Accounting Office internal control standards
be followed when establishing and maintaining systems of internal
control.  The objectives of an internal control system include
that (1) all assets are safeguarded against waste, loss,
unauthorized use, and misappropriation, and (2) all revenues and
expenditures are recorded and accounted for properly so that
accounts and reliable financial reports may be prepared and
accountability of assets may be maintained.  Specifically, the
internal control standards state that transactions and other
significant events are to be promptly recorded and properly
classified.
                       •
The failure to record accounts receivable for amounts due to the
Superfund Trust Fund is a material weakness in internal controls.
OMB Circular A-123 defines a material weakness as a specific
instance of noncompliance with FMFIA which would (1) impair the
fulfillment of an agency component's mission; (2) deprive the
public of, needed services; (3) violate statutory or regulatory
requirements; or (4) significantly weaken safeguards against
waste, loss, unauthorized use or misappropriation of funds.  The
Agency meets all these conditions by not recording receivables.

When receivables were not properly recorded, the financial
management system did not provide EPA management with timely and
accurate financial information.  OMB Circular A-127 (A-127)
states that a financial'management system is to provide useful,
timely, reliable, and complete information.  A-127 and FMFIA
require that an Agency's financial management system provide for:

 *   Complete disclosure of the financial activities of the
     agency,

 *   Adequate financial information for agency management and for
     formulation and execution of the budget, and

 •   Effective control over revenue, expenditure, funds,
     property, and other assets.

Draft Report Recommendations                                .

We recommended in our draft report that the Assistant
Administrator for Administration and Resources Management provide
all regions a copy of our report and take appropriate action to:
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1. Work with the Deputy Administrator, and coordinate with the
   Assistant Administrator for Solid Waste and Emergency
   Response and the General Counsel., to require all regions to
   provide assurance that their:

     a. Financial Management office, Superfund program office,
        and Office of Regional Counsel have established and
        implemented administrative procedures and internal
        controls over the flow of documents and information
        affecting Superfund receivables.

     b. Accounts receivable are timely recorded for all cost
        recovery amounts owed.

     c. Financial Management office, Superfund program office,
        and Office of Regional Counsel reconcile their records
        to ensure that cost recovery amounts due have been
        collected.  Where cost recovery amounts have not been
        collected, the amount due must be recorded as an
        account receivable and appropriate action taken for
        collection.

    d.  Financial Management office, Superfund program office,
        and Office of Regional Counsel establish and implement
        procedures to regularly reconcile Superfund and
        Regional Counsel records with financial management
        system and to exchange information on any changes in
        amounts due and on the status of debts, including cases
        concluded by Department of Justice.

     e. Include, as part of their annual Headquarters review of
        regional programs, steps to determine whether the
        assurances provided have been implemented and are
        adequate to ensure that receivables are promptly
        recorded on the financial records.

   The reason we asked that the Assistant Administrator for
   Administration and Resources Management work with the Deputy
   Administrator is because we recognize that senior program
   officials do not have line authority over regional offices.

2. Promptly complete and issue Resource Management Directive
   System 2540, Receivables and Billings Chapter,9.  The
   guidance should include a specific definition of when
   amounts owed are to be recorded as accounts receivable.

3. Coordinate with the Assistant Administrator for Solid Waste
   and Emergency Response to require the Office of Waste
   Programs Enforcement to include the forwarding of completed
   judicial orders to EPA as part of the Interagency Agreement
   with the Department of Justice.
                              19

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Assistant Administrator for Administration and Resources
Management Reply J:o Draft OIG Report:

In response to our draft report, the Assistant Administrator
stated that all regions will be provided a copy of the final
report.  Each region will be requested to continue to strengthen
procedures and internal controls over Superfund accounts
receivable.  The Assistant Administrator provided the following
comments to our draft report recommendations.

 la. All regions should assure that administrative procedures and
     internal controls over the flow of documents and information
     affecting Superfund receivables are established and
     implemented.  As acknowledged in the draft audit report,
     regional offices have taken steps to address the roles and
     responsibilities for coordinating processes over the flow of
     documents and information affecting accounts receivable.

     As in the past, the Agency is continuing to strengthen
     controls by forming task forces, holding conferences,
     executing Memorandums of Understanding, and issuing
     guidance.  Also, the Office of Solid Waste and Emergency
     Response (OSWER) and the Office of Administration and
     Resources Management (OARM) jointly addressed accounts
     receivable procedures during a Cost Recovery Conference.
     Detailed guidance was provided to .regional staffs on
     operational procedures for timely and accurate establishment
     of accounts receivable for cost recovery.

     The Agency will continue to strengthen the processes.  The
     Agency as a whole realizes the importance of good cash
     management.

 Ib. Accounts receivable should be recorded in a timely manner.
     The Director, Financial Management Division (FMD), will
     reiterate to all Financial Management Officers and
     Comptrollers the importance of recording receivables.  Each
     finance office reviews the recording of receivables to
     ensure compliance with the General Accounting Office's Title
     II.  Also, as part of FMD's FY 1990 annual certification on
     the Agency's accounting system, an independent contractor
     will perform internal reviews at four regional finance
     offices.  The scope of the reviews will include a
     determination on the timely recording of Superfund
     receivables.

 Ic. It is important to ensure that cost recovery amounts due
     have been collected, and that proper follow-up be performed
     where collection is not made.  Several steps taken by
     regional and headquarters offices include (1) forming
     cooperative task forces to address cost recovery issues, (2)
     developing procedures which include reconciliation of

                                20

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     records, and  (3) reconciling records on a monthly basis with
     Superfund program offices and regional counsels.

  Id. As stated, in  the response to the previous recommendations,
     through cooperation with the various offices, the Agency is
     actively taking several steps to strengthen controls over
     cost recovery issues, including reconciling finance and
     program records.  Also, OSWER began developing management
     reports that  compare data from the financial management
     system with CERCLIS files related to cost recovery-
     settlements.   These draft reports were first distributed to
     the Regions in August 1989.

  le. In addition to the steps in place, during various reviews,  .
     PMD will include a review of the .regional finance offices'
     processes to  determine if receivables are promptly recorded
     in the financial records.  OSWER will cooperate with the
     appropriate OARH lead office to include an evaluation of
     accounts receivable as part of the annual OSWER review
     process.

  2. The Resource  Management Directive System 2540, Chapter 9, is
     currently being finalized for initiation into the Green
     Border review for Agency-wide clearance.  Guidance to define
     when amounts  owed are to be recorded as accounts receivable
     is "Within five days of realizing that a debt is'owed to
     EPA, the responsible EPA office must prepare and send a bill
     to the debtor

  3. The Department of Justice (Justice) should provide copies of
     completed judicial orders to EPA.  The February 2, 1990,
     draft of the  Interagency Agreement with Justice contained a
     special condition that copies of all judicial orders should'
     be provided to EPA within 30 days of lodging"or entry.
     Also, Justice issued a memorandum to all United States  .
     Attorneys on  February 8, 1990, instructing them to provide
     copies of all file-stamped and court-signed judicial orders
     to the appropriate regional counsels.

Auditor's Comments

The Deputy Administrator needs to ensure that the Assistant
Administrators for (1) Administration and Resources Management,
(2) Solid Waste and Emergency Response, and (3) Enforcement and
Compliance Monitoring, the General Counsel, and the Regional
Administrators work together in order to complete the planned
corrective actions.  The Deputy Administrator also needs to
ensure that all regions take corrective action.

The actions outlined by the Assistant Administrator for
Administration and .Resources Management, when implemented, will
substantially correct the deficiencies cited in our report.
However, we offer  the following comments on issues that require
further action.
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 Ic. We agree that it is important to ensure that cost recovery
     amounts due have been collected.  However, as stated in our
     finding, Regions 4 and 5 did not take steps to regularly
     reconcile records until after we began our audit.  Also,
     Region 3 did not have formal procedures to regularly
     reconcile Superfund and Regional Counsel records with the
     financial management system.  The intent of our
     recommendation was that each regional financial management,
     regional counsel, and Superfund program offices reconcile
     their records to ensure that all amounts due in the past
     have been recorded as accounts receivable and have been
     collected.

 Id. In addition to reconciling finance and program records,
     controls over accounts receivable would be strengthened by
     the financial management office notifying the appropriate
     program office when settlement documents are not timely
     provided.

  2. We stated in our finding that a further definition is needed
     of when an amount owed is to be recorded as an accounts
     receivable, particularly when the amount is under appeal or
     in litigation.  The statement that within five days of
     realizing a debt is owed, EPA must prepare and send a bill
     to the debtor does not provide guidance as to when amounts
     under appeal or in litigation are to be recorded as accounts
     receivable.

Recommendations

We recommend that the Deputy Administrator ensure that the
Assistant Administrators for (1) Administration and Resources
Management, (2) Solid Waste and Emergency Response, and (3)
Enforcement and Compliance Monitoring, the General Counsel, and
the Regional Administrators work together to complete the planned
corrective actions.

We also recommend that the Deputy Administrator take appropriate
action to ensure that Regional Administrators and Offices of
Regional Counsel reconcile their records to ensure that cost
recovery amounts due in the past have been collected.  Where cost
recovery amounts have not been collected, the amount due must be
recorded as an account receivable and appropriate action taken
for collection.  Further, the Financial Management office should
notify the Regional Administrator when settlement documents are
not provided timely for appropriate corrective action.
                                            •
In addition, we recommend that the Deputy Administrator ensure
that the Assistant Administrator for Administration and Resources
Management provide guidance on when amounts owed, particularly
when the amount in under appeal or in litigation, should be
recorded as accounts receivable.
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FINDING NO. 2 - PROMPT ACTION NEEDED TO COLLECT AMOUNTS OWED

Neither Headquarters nor the regions were promptly collecting
cost recovery amounts owed to the Superfund Trust Fund.  This
resulted from (1) delays in sending accounting data to
responsible parties, (2) late payment of amounts due, (3) delays
due to responsible party requests for further documentation
and/or dispute of cost billed, and (4) delays in notifying
responsible parties of the effective date.  These conditions
existed primarily because (1) the regions did not have a system
for tracking when accounting data were needed and (2) consistent
action was not taken to ensure prompt collection of payments.
Delays in collecting amounts owed resulted in lost, interest to
the Superfund Trust Fund of $103,856.

Of the 55 settlement documents reviewed, we found 22 cases (40
percent) where collection of amounts owed was delayed.  (Cases
have more than one reason for delay.)
                Reason for Delay
     Delay in sending accounting data
     Late payment
     Request for further documentation
       and/or disputed costs
     Delay in notifying responsible
       party of effective date
               Number of
               Cases

                  13
                   8

                   4

                   3
These delays resulted in lost interest to the Superfund Trust
Fund of $103,856, as shown in Exhibits 2, 3, and 4.
          Region

            3
            4
            5

          Total
Lost interest

  $ 11,553
    13,071
    79.232

  S103.856
One of most important objectives of the Superfund program is to
recover the funds that EPA spends in cleaning up a Superfund
site.  Recovery may be achieved either through negotiation or as
a result of legal action against responsible parties.  The costs
EPA tries to recover may!be for (1) past expenditures, (2) future
work that EPA will do at the site, or (3) the costs of EPA
overseeing cleanup work that the responsible party may perform
under contract at the site.

Section 107(a) of the Superfund Amendments and Reauthorization
Act (SARA) requires that cost recovery amounts accrue interest at
the same rate as investments of the Superfund Trust Fund.  The

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U.S. Treasury Department currently invests Superfund monies in
52-week U.S. Treasury MK Bills.  Interest begins to accrue when
funds are invested.  When funds are needed for Superfund
activities, MK-Bills are sold and the proceeds are used to pay
EPA costs.  When funds are received, additional MK-Bills of the
same maturity are purchased.  The MK-Bill rates for FYs 1987 to
1989 are:

              FY                   Interest Rate

             1987                     5.63%
             1988                     6.99%
             1989                     8.39%

Delays In Sending Accounting Data

EPA policy is to recover response costs where potentially
responsible parties (PRPs) have been identified, including the
cost of overseeing PRP response actions.  Section 104(a)(l) of
CERCLA, as amended by SARA, specifically requires that for
remedial investigation/feasibility studies conducted by PRPs, the
PRPs must agree to reimburse EPA for the cost of overseeing the
work.  As a matter of general operating procedure, oversight
reimbursement should also be pursued in all other removals and
remedial design/remedial actions-performed by PRPs.  In addition
to billings for oversight costs, some settlement documents
require that accounting data be sent to responsible parties for
past costs incurred by EPA.

Office of Waste Program Enforcement (OWPE) issued "Proposed
Guidance on Tracking and Collecting the Reimbursement of
Oversight Costs from PRPs" on June 27, 1988.  The guidance was
sent out for review, but it was suggested that it serve as
interim guidance until final guidance was issued.  According to
the proposed guidance, CERCLIS will be used for oversight
tracking and collection.  OWPE officials stated that the guidance
had not been finalized because of problems in getting the program
to work in CERCLIS.

There were delays in sending accounting data to responsible
parties in 13 of 55 cases reviewed.  Accounting data were not
promptly sent because (1) the responsibility was not clearly
assigned and (2) there was no tracking system for when oversight
billings are to be sent to responsible parties.  The proposed
guidance needs to be completed and implemented by.the regions to
ensure that accounting data are promptly sent to responsible
parties.

In several cases there were significant delays in sending
accounting data for billing of past cost and oversight costs.
For example:                               .


                                24

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The administrative order for Ormet Corporation was
effective on May 11, 1987.  Region 5 was to send Onset
an accounting of all response costs incurred prior to
April 1, 1987.  In addition, yearly billings were to be
made for oversight costs starting in April 1988.  The
billing, for (1) past costs and (2) two years of
oversight costs, was not sent until May 23, 1989, two .
years after the administrative order was signed.  In a
letter to Ormet, Region 5 said that the billing was
late because of "administrative oversight".

The consent order for Shriver's Corner (Region 3} stated
that SPA was to submit an accounting of response oversight
costs at the end of each year.  The order was effective
March 10, 1987.  Therefore, the first billing should have
been prepared for cost incurred through December 31, 1987.
The billing was not prepared until September 11, 1989.  The
billing was late because the Superfund office did not have a
complete list of all billings needed for oversight costs.

  Region 3

In Region 3, the Cost Recovery Section within the Superfund
program office is responsible for preparing the cost
summaries for the billing of oversight costs.  The Superfund
Branch is responsible for ensuring that the Cost Recovery
Section is notified when oversight billings are needed.  At
the beginning of each year, the Cost Recovery Section
requests, from the Superfund Branch section chiefs, a list
of all orders and decrees which require the payment of
oversight costs.

During FT 1987 and 1988, the request for orders and decrees
requiring oversight billings were worded in rather general
terms.  Because the request was not specific, not all orders
and decrees were identified by the Superfund Branch.  Having
recognized the problem, the FT 1989 request for orders and
decrees requiring oversight billings was more specific and
the response improved.  The Cost Recovery Section became
aware of older orders and decrees, such as Shriver's Corner,
that required billing of oversight costs.  Even though the
response improved, the Cost Recovery Section still had no
assurance that all orders and decrees, which require
oversight billings, were being reported by the Superfund
Branch.

  Region 4    *

In Region 4, the responsibility for oversight billings was
not clearly assigned.  In the case of Sangamo weston, a
billing for EPA oversight costs was to be sent at the end of
each fisca.l year.  The oversight billing for FT 1988 was not

                           25

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     sent until July 25, 1989, nine months after the end of the
     fiscal year.  The remedial project manager thought it was
     the responsibility of the Cost Recovery Unit to bill for
     oversight costs.  However, during FY 1989, the remedial
     project managers were to prepare the oversight billing with
     the assistance of the Cost Recovery Unit.

       Region 5

     In Region 5, the Superfund program office is.responsible for
     notifying the Financial Management Office (FMO) that
     accounting information is needed to bill responsible parties
     and sending the bill to the responsible parties.  However,
     the duties were not clearly assigned within Superfund.  A
     memorandum was issued on August 3, 1987, stating that the
     remedial project managers (RPM) in the CERCLA enforcement
     section were responsible for notification of responsible
     parties of amounts due.  In March 1988, the Superfund
     program office was reorganized, combining enforcement and
     program RPMs in a Remedial Response Branch.  According to
     the Chief of the Remedial Response Branch, this
     responsibility was reassigned to the Cost Recovery Unit in
     the Program Management Branch when the division reorganized.
     During our review, the Chief of the Program Management
     Branch realized that the responsibility for notifying
     responsible parties of amounts due was not specifically
     assigned to either the Remedial Response or Program
     Management Branches.

Regions 3, 4, and 5 have recently initiated procedures to
promptly forward accounting data to the responsible parties.
Region 5 prepared a draft Memorandum of Understanding formalizing
cooperative procedures for cost recovery, which includes ensuring
that billings for oversight costs are promptly prepared.  Region
4 issued operating procedures on October 30, 1989, on oversight
billings.  Region 3 also had draft procedures outlining the
responsibility of various offices for oversight costs.

The "Proposed Guidance on Tracking and Collecting the
Reimbursement of Oversight Costs from PRPs" issued by OWPE on
June 27, 1989, stated that a review of all settlement documents
should be performed to identify those with oversight
reimbursement provisions.  Regions 4 and 5 have taken, or plan to
take action, to identify all settlement documents.  Region 4 has
developed its own system for keeping track of when oversight
billings need to be prepared.  We recommended that Region 3
establish a* tracking system to identify all orders and decrees
which require oversight billings.

Collections of past and oversight costs replenish the Superfund
Trust Fund, and can be used for future cleanups.  Delays in
sending* accounting data to responsible parties delays the

                                26

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investment of funds in the Superfund Trust Fund.  The guidance on
tracking and collecting the reimbursement of oversight costs
needs to be completed and implemented.  Also, each region needs
to have formal procedures between its FMO, Superfund program
office and Regional Counsel to ensure that oversight billings are
promptly prepared.and sent to responsible parties.

Late Payment Of Amounts Owed

Payments of cost recovery amounts due were received after the due
date in 8 of 55 cases reviewed.  Payments were delayed because
(1) consistent action was not taken to,collect amounts due and
(2) settlement documents were not promptly sent to the FMO, as
discussed in Finding No. 1.

                     Number of Cases
          Region    FY 1988   FY 1989

            311
            402
            5          II

          Total        41

The Superfund Trust Fund audit reports for FT 1987 and 1988 found
that improved monitoring of receivables was needed to ensure that
debtors pay in a timely manner.  The FY 1988 draft report
recommended that the Director, Financial Management 'Division
(FMD), modify the accounts receivable subsystem to age
receivables in order to better monitor the collection of
receivables.  In response to the draft report, the Assistant
Administrator for Administration and Resources Management stated
the accounts receivable module of the Integrated Financial
Management System includes improved aging and reporting
procedures that will assist in the overall cash management
process.  The accounts receivable module has recently become
operational.  The improved aging and reporting procedures should
ensure that consistent follow up action is taken.

Requests For Further'Documentation And/Or Disputed Costs

In Region 5, responsible parties requested further documentation
or disputed the costs billed in four cases where accounting data
were provided.  The four cases were Ormet Corporation, Hagen Farm
(oversight), Spiegelberg Landfill, and Powell Road Landfill.
There were no delays because of requests for further
documentation and/or disputed costs in Region 3 and 4. Examples
of the type of documentation requested by responsible parties
include:               .

  •  In a letter .dated July 26, 1988, the responsible party
     for Powell Road Landfill asked EPA to provide

                                27

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     "documentation to show that the U.S. EPA contract costs
     were incurred in connection with the Powell Road
     facility and incurred not inconsistently with the KCP".
     Contract costs represented 59 percent of the costs
     billed for the site.

  •  Ormet Corporation, in a letter dated June 2, 1989,
     requested additional documentation such as (1)
     indication of the nature of the work performed by
     employees, (2) summary of travel showing destinations
     and purpose of travel, and (3) description of the work
     performed by contractors.

One of the elements of proof needed for a cost recovery action is
that the actions taken were not inconsistent with the National
Contingency Plan (NCP).  The Agency's policy is to maintain
evidence that response actions are not inconsistent with the NCP.
The scope of this review was limited to the collection of cost
recovery amounts.  We did not perform a review of EPA's ability
to provide documentation to responsible parties that showed costs
incurred were not inconsistent with the NCP.

SABA requires that cost recovery amounts accrue interest.
Interest begins to accrue from the date when the accounting data
are sent to the responsible parties.  Responsible parties should
be. required to pay interest for late payment of amounts due, even
when further documentation is requested or costs are disputed.

Region 3 recently signed a consent decree containing such
language.  The consent decree for Henderson Road, effective May
3, 1989, stated that if oversight costs were disputed and found
to be payable, interest will accrue from the due date in the
billing.   Similar language needs to be included in all
settlement documents, including billings for oversight costs.

Delays In Sending Written Notice Of Effective Date

There were delays in notifying responsible parties of the
effective date of settlement documents in Region 3 and 4.  There
were no delays in notifying responsible parties of the effective
date in Region 5.

       Region 4

     In Region 4, 9 of the 21 settlement documents in our review
     were cost recovery agreements.  (The other 12 settlement
     documents were judicial orders or billings for oversight
     costs.)  Administrative cost recovery agreements require
     that, after the agreement is signed by the responsible party
     and EPA, the agreement be published in the Federal Register
     and.be available for public comment for 30 days.  The


                                28

-------
     agreement is effective when written notice is given that the
     public comment period has closed.

     In two cases, Linecrest Way and Buff (CD), the costs had not
     been paid at the time of our review because the responsible
     parties had not been notified of the effective date of the
     cost recovery agreement.  Region 4 officials were not aware
     that the written notice had not been sent.  We brought these
     two cases to the attention of Region 4 officials in a
     memorandum on September 28, 1989.

                         Date           Effective      Elapsed
         Site Name	   Signed         Date	      Days

      Linecrest Way      01/26/89       10/05/89         252
      Buff (CD)          02/15/89       09/26/89         223

     The $3,800 owed for Buff (CD) was subsequently collected on
     October 10, 1989.  For Linecrest Way, written notification
     of the effective date was sent by Region 4 on October 5,
     1989.  However, the $552 owed had not been collected as of
     November 21, 1989.

     Region 4 officials stated that the reason the notices were
     not sent was because the assigned staff for Linecrest Way
     was on extended leave and the notice for Buff (CD) just was
     never sent.  In a memorandum dated December 4, 1989, the
     Assistant Regional Administrator for Policy and Management
     stated that a tracking system will be developed to ensure
     that written notices are promptly issued for cost recovery
     agreements.

       Region 3

     In Region 3, costs were not timely collected in one case
     because of a miscommunication between Justice and Regional
     Counsel.  In the case of Palmerton Zinc Pile, the settlement
     document was effective October 14, 1988.  The first payment
     of $50,000 was due in 60 days, or by December 13, 1988.  The
     first installment was not paid until June 8, 1989, six
     months later.  However, the responsible party was not
     notified for five months that the decree had been entered
     and payment was due.  Justice thought Regional Counsel
     notified the responsible party the case had been entered and
     Regional Counsel thought Justice did.  Therefore, the
     responsible party did not know the settlement document had
     been entered and did not know that costs were due.

Delay in notifying responsible parties, that settlement documents
are effective and costs are due, slows the collection and
investment of amounts due the Superfund Trust Fund.  Region 4
found that at a tracking system for administrative cost recovery

                                29

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agreements was needed to ensure that responsible parties were
promptly notified of the effective date.  Each region needs to be
aware that delays can occur in notifying responsible parties of
the effective date.  Additional controls, such as a tracking
system, may be needed to ensure that responsible parties are
promptly notified of the effective date.

                            *****

Delays in (1) sending accounting data,  (2) collection of amounts
due, (3) responsible party requests for further documentation
and/or dispute of cost billed, and (4) notifying responsible
parties of the effective date, slow the investment of cost
recovery amounts due to the Superfund Trust Fund.  We reviewed
$10,897,897 of cost due.  If prompt action was taken to collect
the amounts owed, the funds could have been invested by the
Superfund Trust Fund at an earlier date and additional interest
of at least $103,856 could have been earned.

Draft ReportRecommendations

We recommended in our draft report that the Assistant
Administrator for Administration and Resources Management take
appropriate action to:

  1. Coordinate.with the Assistant Administrator for Solid Waste
     and Emergency Response to require the Office of Waste
     Programs Enforcement to complete and implement the guidance
     on tracking and collecting reimbursement of oversight costs.

  2. Work with the Deputy Administrator and coordinate with the
     Assistant Administrator for Solid Waste and Emergency
     Response to:

       a. Require each EPA Region to provide formal assurance
          .that the guidance on tracking and collecting
          reimbursement of oversight costs has been fully
          implemented and procedures have been established to
          ensure that oversight billings are promptly sent to
          responsible parties.

       b. Include, as part of the annual Headquarters review of
          regional programs, a determination of whether the
          procedures and controls have been implemented and are
          adequate to ensure that oversight billings are promptly
          sent to responsible parties.

     The reason we asked that the Assistant Administrator for
     Administration and Resources Management work with the Deputy
     Administrator is because we recognize that senior program
     officials do not have line authority over regional offices.


                                30

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  3. Work with the Deputy Administrator/ and coordinate with the
     General Counsel and the Assistant Administrators for Solid
     Waste and Emergency Response and Enforcement and Compliance
     Monitoring, to:           .   .  .

       a. Require that all administrative and judicial orders and
          decrees include a statement that interest will accrue
          from the due date when disputed costs in oversight
          billings are found to be payable.

       b. Require that oversight billings a statement that
          interest will accrue from the due date if disputed
          costs are found to be payable.

Assistant Administrator for Administration and Resources
Management Reply to Draft PIG Report

The Assistant Administrator substantially agreed with our draft
recommendations and provided the following comments.

  1. Office of Solid Waste and Emergency Response (OSWER) took
     action on this recommendation.   The guidance on Monitoring
     and Collecting Oversight Reimbursement was distributed to
     the Regions on February 20, 1990.

 2a. Progress made on processing oversight billings should be
     reviewed.  An acceptable review procedure to ensure that
     oversight billings are promptly sent to responsible parties
     will be developed.

 2b. The Financial Management Division will review financial
     management office procedures and controls for oversight
     billings.  Also, OSWER will continue to work with other
     Agency offices to strengthen the collection of oversight
     costs from responsible parties.

 3a. CERCLA legislation is clear on the issue of assessing
     interest.  The inclusion or omission of an interest
     statement should have no impact on the Agency's authority to
     collect interest.  Also, OSWER and Office of Enforcement and
     Compliance Monitoring (OECM) co-authored draft model consent
     and unilateral orders.  The models are in final review and
     should be published in the near future.  The draft models
     incorporate the idea that interest will accrue from the due
     date when disputed costs in oversight billings are found to
     be payable.

 3b. Once the guidance models are issued final, Office of
     Administration and Resources Management and OSWER will
     cooperate in establishing the appropriate statement for
     billings.
                                          *    .

                                31

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Auditor's Comments

The actions outlined by the Assistant Administrator, when
implemented, will substantially correct the deficiencies cited in
our report.

Recommendation

We recommend that the Deputy Administrator ensure that the
Assistant Administrators for (1) Administration and Resources
Management, (2) Solid Waste and Emergency Response, and (3)
Enforcement and Compliance Monitoring, the General Counsel, and
the Regional Administrators work together to complete the planned
corrective actions.
                                32

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                                                      EXHIBIT 1
                                                      Page 3 of 3
Notes;
 1.  Effective date is the date of the order or decree, except
     where accounting data was provided to the responsible
     parties.  Where accounting data was provided, the effective
     date is the date of the billing.

 2.  We reviewed the timeliness of the recording of the
     receivable only in those cases where the settlement document
     was provided to the Financial Management Office.

 3.  Settlement documents were not date stamped by the Region 3
     FMO.  Therefore, we could npt determine when the settlement
     document was received by the FMO.

 4.  We could not determine when the receivable was recorded in
     three cases because the information that we obtained from
     the Region 3 financial records did not indicate the date the
     receivable was established.  The information we obtained
     indicated the document date, which is the effective date of
     the order, and not the date the receivable was established.
                                35

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                                                      EXHIBIT 2
                                                      Page 2 of 3
Notes;
1.   This amount represents the total value of the settlement
     documents reviewed.  The total cost due or collected to EPA
     as of January 3, 1990, the end of OIG fieldwork in Region 3,
     was $3,466,103.

    -Total value of settlement documents            $3,723,565
     Plus:  Interest collected for Raymark
            Industries                                  26.705
                                                    $3,750,270
     Less:  Installments payments not due
            Harvey & Knott Drum
             ($350,000 - $70,000)                      280,000
            United Rigging-and Hauling
             ($10,000 - $5,833)                          4.167

     Costs reviewed                                 $3.466.103

2.   Lost interest was calculated on uncollected monies from the
     date costs were due until costs were paid.

3.   Payment of $350,000 for the Harvey & Knott Drum Site was to
     be paid in installments over 10 years.  The first $35,000
     payment was collected September 29, 1988.  The second was
     received on May 9, 1989.

4.   The consent decree required regular billing of oversight
     costs.   The billing was to be sent on the anniversary date
     of the decree, or April 21, 1989.  As of January 3, 1990,
     the end of 016 fieldwork in Region 3, the billing had not
     been sent.  We calculated lost interest due to the delay in
     oversight billing was $2,011, based on Region 3's estimated
     oversight costs of $35,000.

5.   According to the financial management system printout, the
     account receivable of $711,000 for past costs for the Holder
     Chemical Corporation was accurately recorded but not timely
     established.  The account receivable, established on June
     15, 1988, was 47 days after the effective date of the
     settlement document April 29, 1988.  No payment had been
     made for Holder because the responsible party has been in a
     nursing home and was deemed incompetent.  The property is
     now the only asset of the corporation, which the state has a
     lien against.

6.   The consent agreement for United Rigging & Hauling requires
     $10,000 to be paid in 24 monthly installments of $416.66
     each plus interest. .As of October 27, 1989, 14 payments
     totalling $5,833.24 have been collected.  The last
     collection date was September 18, 1989.


                                37

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                                                      Exhibit 2
                                                      Page 3 of 3

7.   The consent decree for Saltville Waste Disposal requires
     costs of $456,000 be paid in two installments.  The first
     installment of $228,000 was collected timely.  The second
     installment was due September 15, 1989.  Headquarters was
     responsible for collecting the payment.  The second
     installment was not collected as of November 15, 1989, the
     end of 016 fieldwork in Headquarters.

8.   The consent decree for Saltville Waste Disposal stated that
     oversight billings were to be sent on January 1 of each
     year.  The billing for FY 1989 was not sent until March 20,
     1989, resulting in lost interest of $320.

9.   The consent decree for Palmerton Zinc, effective October 14,
     1988, stated -that $100,000 was to be paid in two
     installments of $50,000 each.  The payment was due within 60
     days, or by December 13, 1988.  The payment was not made
     until June 8, 1989, six months later.  The payment was not
     received promptly because the responsible party was not
     timely notified of the ^effective date of the consent decree.

     The second installment of $50,000 was due on October 14,
     1989.  The payment was received on October 13, 1989.

10.  The consent decree for Raymark Industries required $512,500
     costs, plus accrued interest, be paid.  The decree stated
     that the responsible parties had transferred $1,125,000
     between April 1, 1988 and July 1, 1988 to the United States.
     The money was deposited in an interest bearing escrow
     account established by the Clerk of the District Court for
     the Eastern District of Pennsylvania.

     Within 10 days of entry of the decree, $512,500 plus accrued
     interest was to be paid to the EPA for response costs.  The
     total amount collected was $539,205, which included $26,705
     interest.  The settlement document was effective February
     21, 1989.  The payment was made on April 27, 1989, about two
     months later.  The collection was not timely because the
     Court collected the payment and delayed transferring the
     collection amount to EPA.  Lost interest was not computed in
     this instance because the problem was with Justice and
     beyond EPA's control.

11.  The consent order for the Shriver's Corner Site required
     oversight billing to be submitted at year end.  The billing
     for calendar year 1987 oversight costs was not timely
     submitted.  Lost interest is calculated from the date the
     billing should have been made, January 1, 1988, until the
     date the billing was made, September 11, 1989.  The payment
     was collected November 24, 1989.
                                38

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                                                      EXHIBIT 3
                                                      Page 3 of 4
Notes
1.   Lost interest was calculated on unco1leeted monies from the
     date costs were due until costs were paid.

2.   Payments for Medley Farms were received from eight
     responsible parties.  All payments were made timely.

          Date Collected       Amount

             02/20/87         $105,952
             05/28/87           13,552
             05/28/87            7,448
             07/29/87          261,184
             07/29/87          110,992
             07/29/87           39,592
             07/29/87           14,952
             08/04/87            6.328

               Total
3.   An administrative order was signed for Sangamo Weston on
     June 18, 1987.  The order required that at the end of each
     fiscal year, EPA was to submit an accounting of response
     costs and oversight costs.  The billing for oversight costs
     incurred during FY 1988 was not sent until July 25, 1989,
     nine months after the end of the fiscal year.

     A partial payment of $93,831 was received on August 30,
     1989.  The responsible party requested additional
     documentation for the. remaining $49,514 ($143,345 - 93,831).

4.   Two payments of $5,000 each were received for Woodward
     Property on Hay 12 and 19, 1988.  Both payments were
     received timely.

5.   Payment of $3,000 was due for Bostic Drum on October 31,
     1988.  The payment was not received until April 6, 1989,
     five months later.  Office of Regional Counsel and Waste
     Management Division personnel did contact the responsible
     party to collect the payment.

6.   Payments were received from four responsible parties for
     Brown Wood Preserving. f All payments were timely.
                                41

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                                                      EXHIBIT 3
                                                      Page 4 of 4

          Date Paid            Amount

          11/03/88            $ 17,500
          11/08/88              52,500
          11/14/88              17,829
          11/21/88              72.171

            Total             $160.000

7.    There was a delay in the payment for Powersville Landfill
     because of some confusion on cost documentation.  The
     consent decree, effective December 13, 1988, stated that
     payment was due in 30 days of receipt of accounting data.  A
     letter was not sent until January 26, 1989, 44 days after
     the consent decree was signed.  The cost documentation had
     already been provided during negotiations of the consent
     decree.

8.    Payments were received from two responsible parties for
     Kershaw County Landfill.  Both payments were timely.

          Date Paid      Amount

          02/17/89       $14,000
          03/03/89        14.000

            Total        $28.000

9.    The order for Middlesboro Rehabilitation Center was
     effective as of March 28, 1989.  The payment was due
     immediately upon receipt the March 28 letter.  During our
     review, regional officials found that payment had not been
     collected.  As a result of our inquiry, regional officials
     plan to take action to ensure the payment is collected.
     Costs had not been collected as of November 21, 1989.

10.  The cost recovery agreement for Buff (CD) was signed on
     February 15, 1989.  Cost recovery agreements are effective
     when EPA provides written notice to the responsible parties
     that the public comment period is closed.  After asking for
     a copy of the written notification, Regional personnel found
     that it had not been sent.  Written notification was
     subsequently sent on September 26, 1989.

11.  The cost recovery agreement for Linecrest Way was signed on
     January 26, 1989.  Cost recovery agreements are effective
     when EPA provides written notice to the responsible parties
     that the public comment period is closed.  After asking for
     a copy of the written notification, Regional personnel found
     that it had not been sent.  Written notification was
     subsequently sent on October 5, 1989.  Costs had not been
     collected as of November 21, 1989.

                                42

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                                                      EXHIBIT 4
                                                      Page 2 of 4
Notes
1.   Lost interest was calculated on uncollected monies from the
     date costs were due until costs were paid.  For those cases
     where there were delays in sending accounting data, we
     estimated that accounting data were sent to the responsible
     parties within seven days of the effective date of the
     settlement document.  For the nine settlement documents
     where there were delays in sending accounting data,
     Financial Management System summary data (SPUR) reports were
     used as accounting data in four instances and cost
     documentation packages in five instances.  SPUR reports are
     typically completed in 5 workdays, and cost documentation.
     packages in 30 calendar days.  Even though 30 days are
     needed to prepare cost documentation packages, the cost
     documentation package can be requested during the 30 day
     public comment period prior to the issuance of the
     administrative order.  Also, the Proposed Guidance on
     Tracking and Collecting the Reimbursement of Oversight Costs
     from PRPs (June 27, 1988) recommends that SPUR reports be
     used as accounting data.

2.   An administrative order was signed with the Ormet
     Corporation on May 11, 1987.  EPA was to send Ormet an
     accounting of all response costs incurred prior to April 1,
     1987.  In addition, yearly billings were to be made for
     oversight costs starting in April 1988.  The billing for
     past costs and two years of oversight costs was not sent
     until May 23, 1989, two years after the administrative order
     was signed.  In a letter to Ormet, Region 5 said that the
     billing was late because of "administrative oversight".  On
     June 2, 1989, Ormet requested additional documentation of
     the cost incurred by EPA.  Costs had not been paid as of
     September 1, 1989.

3.   The administrative order for Hagen Farm was effective on
     September 14, 1987.  The order stated that accounting data
     would be provided on the amount due for past costs.
     Accounting data was requested by Waste Management Division
     (WMD) from the Superfund Accounting Section (SFAS) on July
     1, 1987, but not until October 5, 1987 from OWPE.  The
     accounting data were sent to the responsible party on
     December 8, 1987.

4.   Accounting data for oversight costs for Hagen Farm were to
     be sent to the responsible party at the end of each twelve
     month period beginning with the effective date of the order.
     The first billing for oversight costs should have been made
     on September 14, 1988.  Accounting data were not sent until
     January 11, 1989, four months later.  Costs had not been
                              •  44

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                                                      EXHIBIT 4
                                                      Page 3 of 4

  ,   paid as of September 1, 1989, because the responsible party
 -"'   is disputing the costs billed.

5.   Responsible parties are contesting the court order for
     Northernaire Plating.  Past costs have not been .paid.

6.   The responsible party for Spiegelberg Landfill was sent
     accounting data on past cost of $650,108 on November 18,
     1988.  Costs of $344,859 were collected on April 13, 1989.
     The responsible party is disputing the remaining cost due of
     $305,249.  The responsible party is disputing the allocation
     of costs for a cooperative agreement for two sites,
     Spiegelberg and Rasmussen Dump.  Payment.had not been
     received as of September 1, 1989.
                                   .  'i
7.   Costs were paid in installments for Dover Chemical.  All
     payments were collected timely.

          Date Due       Date Paid        Amount

          12/31/88       09/23/88    .   $15,241.38
        ' 04/30/89       01/18/89        15,241.38
          04/30/89       05/10/89 .       15,241.38

8.   The administrative order for Reilly Tar and Chemical was
     effective on July 7, 1987.  The.cost documentation package
     used to bill the responsible, party for past costs was dated
     April 3, 1987, prior to the effective date of the order.
     However, the billing for past costs was not sent,to the
     responsible party until November 2, 1987, almost four months
     after the effective date of the order.  According to the
     cost summary dated April 3, 1987, the total EPA expenditures
     were $152,156.  However, the first billing for past costs
     incorrectly stated cost due as $150,948.  A revised bill was
     sent on June 23, 1988 for the remaining costs due of $1,208.
     Both payments were made timely by Reilly Tar.

          Date Billed    Date Paid        Amount

          11/02/87       12/09/87       $150,948
          .06/23/88       07/11/88          1,208

9.   Payments for. Alburn were received from five responsible
     parties.  All payments were made timely.     ^

          Date Collected        Amount

          10/21/88            $107,012
          10/21/88               4,034
          10/21/88        ...        825
          11/23/88              41,182
          11/23/88               2,105

                                45

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                                                      EXHIBIT 4
                                                      Page 4 of 4


10.  Accounting data were sent to the responsible parties for
     Powell Road Landfill on May 4, 1988, for past costs incurred
     of $259,629.  A cost documentation package was requested by
     WMD on January 5, 1988, but was not completed until July 19,
     1988.  A SPUR report was also requested on January 30, 1988.
     The SPUR report, rather than the cost documentation package,
     was used to bill the responsible party on May 4, 1988.

     A payment of $106,521 was made by the responsible party on
     August 4, 1988.  Responsible parties requested further
     documentation of cost incurred for the remaining $153,108.
     Based on further documentation, a payment of $82,153 was
     received on March 28, 1989.  The responsible parties
     requested further documentation on the remaining $70,955 in
     order to show that the costs were consistent with the
     National Contingency Plan.

11.  The consent order for Film Recovery Systems allowed for
     payment of past costs in installments.  The first payment of
     $225,000 was due on June 19, 1988.  The remaining $40,000
     was to be paid in four yearly installments of $10,000 plus
     interest.  Payments due through September 1, 1989, have been
     made timely.

          Date Due       Date Paid       Amount

          06/16/88       06/23/88       $225,.000
          05/20/89       05/26/89         13,124

12.  The administrative order for South Point Plant stated that
     within 60 days of the end of the calendar year, EPA would
     provide an accounting of all oversight costs.  A SPUR report
     on oversight costs was requested by WMD on August 2, 1988,
     eight months into the year.  The accounting data was sent to
     the responsible party on August 31, 1988.

13.  The administrative order for Fadrowski Drum Disposal was
     effective on May 11, 1987.  A cost documentation package was
     requested by WMD on May 20, 1987.  The cost documentation
     package was completed September 29, 1987, four months later.

14.  The administrative order for Fadrowski Drum Disposal stated
     that, at the end of each 12 month, period beginning with the
     effective date of the order, EPA was to submit an accounting
     of all oversight costs.  The order was effective on May 11,
     1987.  The first billing of oversight costs should have been
     May 1988.  A SPUR report on oversight costs was not
     requested until January 26, 1989, eight months later.
     Accounting data were sent to the responsible party on
     February 17, 1989.


                                46

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                                                           Appendix 1
                                                           Page 1 of 8
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON. D.C. 20460
                            MAR  | 5 I99Q
  OFFICE OF
ADMINISTRATION '
AND RESOURCES
 MANAGEMENT
MEMORANDUM

SUBJECT:  Response to  Draft Audit Report E1SJF9-05-0274
          "Review of Superfund Cost Recovery  Accounts
          Receivable Establishment and Collection"

FROM:     Charles L. Grizzle  VjL K-
          Assistant Administrator I t*^

TO:       Kenneth A. Konz
          Acting Assistant  Inspector General
            for Audit.

     Attached is the Agency's  consolidated  response to the
subject draft audit report.

     We realize the importance of good cash management practices
and continually take steps  to  improve controls  over accounts
receivable.  Prior to  this  audit,  we coordinated  our efforts with
various Assistant Administrators  and developed  guidance and
procedures which address the controls over  the  flow of documents
establishing accounts  receivable.   To further improve accounts
receivable controls, some of our  regional offices are developing
Memorandums of Understanding between the Regional Counsels,
Superfund Program Offices and  the Financial Management Offices.
Memorandums of Understanding help to establish  responsibility for
the processes which cross lines of authority.

     The attachment includes general comments concerning my role
as action official for implementation of the  recommendations.
Specific comments address recommendations in  the  draft report.
We will continue to strengthen the processes  as outlined in our
response.  We would also appreciate having  our  complete comments
included in your final report.  Should you  have any questions,
please contact Jack Shipley, Deputy Director, Financial
Management Division, on 382-5097.

Attachment '

cc:  OC (RMD/FMD)
     OSWER
   •  OECM
     OGC
                                47

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                                                             Appendix 1
                                                             Page 2 of 8
                                                  ATTACHMENT

                   RESPONSE TO RECOMMENDATIONS
                DRAFT AUDIT REPORT E1SJF9-05-0274
            REVIEW OF SUPERFUND COST RECOVERY ACCOUNTS
             RECEIVABLE ESTABLISHMENT AND COLLECTION

GENERAL COMMENTS

     We agree that all offices involved in the cost recovery
process should work together to develop a system whereby all
parties receive information pertinent to their operation.

     As Agency follow-up official, the Assistant Administrator,
OARM has overall responsibility for Agency-wide audit resolution
and implementation of corrective actions.  OARM will ensure that
action officials have been designated who have responsibility for
resolution of audits, and that audit recommendations spanning
more than one program or administrative function are properly
coordinated and corrective actions taken.  However, the action
official is either the respective Regional Administrator or
Assistant Administrator who is responsible for ensuring that
timely, adequate responses and determinations are transmitted on
findings and recommendations contained in audit reports and that
corrective actions are implemented.  Each Assistant Administrator
having responsibility over a program area addressed in the report
should be named as the action official.

     As in the past, OARM will continue to work with the other
Assistant Administrators and their staffs to further.identify
methods to improve internal controls in establishing and
collecting accounts receivable.

SPECIFIC COMMENTS

FINDING MO. 1 - ACCOUNTS RECEIVABLE NEED TO BE RECORDED

We recommend that the Assistant Administrator for Administration
and Resources Management provide all regions a copy of our report
and take appropriate action to:

1.   Work vith the Deputy Administrator, and coordinate with the
     Assistant Administrator for Solid Waste and Emergency
     Response and the General Counsel, to require all regions to
     provide assurance that their:

       a. Financial management office, Buperfund program office,
          and Office of Regional Counsel have established and
          implemented administrative procedures and internal
          controls over the flov of documents and information
          affecting superfund receivables.
                                1


                                48

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                                                            Appendix 1
                                                            Page 3 of 8
                                                  ATTACHMENT

     As requested, we will provide all regions a copy of the
final report, and a request that they continue to strengthen
procedures and internal controls over Superfund accounts
receivable.  We believe that, in the future, the Office of
Inspector General .should distribute audit reports to the offices
charged with acting on report recommendations.                ,v
                                                              .*:? '?'•
                                                              "e j.'
     We agree that all regions should assure that administrative
procedures and internal controls over the flow of documents and
information affecting Superfund receivables are established and
implemented.  As in the past, the Agency is continuing to
strengthen controls by forming task forces, holding conferences,
executing Memorandums of Understanding (MOUs), and issuing
guidance.

     As acknowledged in the draft audit report, regional offices
have taken steps to address roles and responsibilities for
coordinating processes over the flow of documents and information
affecting accounts receivable.  MOUs have been executed or are in
the development process.  These MOUs specify the flow of
documents and information needed to establish accounts
receivable, and assign responsibility to the various offices
involved in the process.

     The Office of Enforcement and Compliance Monitoring (OECM)
and OARM have been working with the Department of Justice (DOJ)
to ensure the distribution of court-approved consent decrees
under environmental statutes into EPA's systems.  On February 8,
1990, DOJ issued a memorandum to all United States Attorneys on
behalf of EPA, requesting that each United States Attorney Office
provide copies of file-stamped and court-signed consent decrees
to the appropriate EPA regional counsel's office.  Copies of the
DOJ memorandum  were provided to all regional finance offices,
counsels, processing personnel and cost recovery support staff.

     The Office of Solid Waste and Emergency Response (OSWER) and
OARM jointly addressed accounts receivable procedures during a
Cost Recovery Conference.  Detailed guidance was provided to
regional staffs on operational procedures for timely and accurate
establishment of accounts receivable for cost recovery,
penalties, and oversight reimbursement.

     OSWER incorporated guidance to facilitate currency and
accuracy in the establishment and management of accounts
receivable in the following directives:  1) OSWER Directive
9832.13, Superfund Cost Recovery Strategy, and 2) Draft Guidance
on Monitoring and Collecting Oversight Reimbursement.
                                2
                                49

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                                                           Appendix I
                                                           Page 4 of 8
                                                  ATTACHMENT

     The Agency will continue to strengthen the processes.  The
Agency as a whole realizes the importance of good cash management
practices.

     b.   Accounts receivable are timely recorded for all cost
          recovery amounts owed.

     We agree that accounts receivable should be recorded in a
timely manner.  The Director, Financial Management Division
(FMD), will reiterate to all Financial Management Officers (FMOs)
and Comptrollers the importance of recording receivables into the
system once documents establishing a receivable are received in
the finance offices.  On a cyclical basis, as part of the
financial community's formal Quality Assurance Program, each
servicing finance office reviews the recording of receivables to
ensure compliance with the General Accounting Office's Title II.
In addition, as part of FMD's Fiscal Year 1990 annual
certification on the Agency's accounting system, an independent
contractor is in the process of being engaged to perform internal
control reviews at four regional finance offices.  The scope of
the reviews will include a determination on the timely recording
of Superfund receivables.

     As we discussed in the prior recommendation, regional
offices have undertaken steps to address roles and
responsibilities for coordinating processes over accounts
receivable issues.  The MOUs in effect or in process, and the
guidance being developed should help ensure the timely recording
of receivables.

       c. Financial Management office, Superfund program office,
          and Office of Regional counsel reconcile their records
          to ensure that cost recovery amounts due have been
          collected.  Where cost recovery amounts have not been
          collected, the amount due must be recorded as an
          accounts receivable and appropriate action taken for
          collection*

     We agree that it is important to ensure that cost recovery
amounts due have been collected, and that proper follow-up be
performed where collection is not made.  Several steps taken by
both regional and headquarters finance offices, counsels, and
program offices include the following:

       o  forming cooperative task forces between regional
          finance/counsel/Superfund offices to address cost
          recovery issues,

       o  developing procedures which include reconciliation of .
          records, and
                                                       j
                                3

                               50

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                                                           Appendix 1
                                                           Page 5 of 8
                                                  ATTACHMENT

       o  reconciling records on a monthly basis with the
          Superfund program offices and regional counsels.

     Since responsibility for Superfund'receivables vas delegated
to the regional finance offices, FMD has continually monitored
the regions' implementation.  This monitoring includes ensuring
that regional FMOs are following FMD policy and guidance, and
providing quality data to the Agency, Congress and the public.
FMD's monitoring includes reviewing, comparing and reconciling
each FMO's Superfund reported collections to Treasury reports.
Any discrepancies noted are resolved.  FMD works with newly
assigned staff in the regions and provides copies of desk
procedures so that new staff are sufficiently trained in the
Superfund receivables functions.

       d. Financial management office, Superfund program office/
          and Office of Regional Counsel establish and implement
          procedures to regularly reconcile Superfund and
          Regional Counsel records with financial management
          system and to exchange information on any changes in
          amounts due and on the status of debts, including cases
          concluded by Department of Justice.

     We agree.  As stated in our response to the above
recommendations, through cooperation with, the various offices,
the Agency is actively taking several steps to strengthen
controls over cost recovery issues, including reconciling finance
and program records.  We will continually explore other methods
to improve the process.

     In addition, OSWER began developing management reports that
compare data from the Integrated Financial Management System
(IFMS) accounts receivable and CERCLIS files related to cost
recovery settlements.  These draft reports were first distributed
to the regions in August 1989.   OARM is working closely with
OSWER to develop periodic reports which assist the regions in
reconciling accounts receivable data with CERCLIS settlement
data.

       e. Include, as part of their annual Headquarters review of
          regional programs, steps to determine whether the
          assurances provided have been implemented and are
       .'  adequate to ensure that''receivables are promptly
          recorded on the financial records.

     In addition to steps in place, during various reviews, FMD
will include a review of the regional finance offices' processes
to determine if receivables are promptly recorded in the
financial records.  OSWER will cooperate with the appropriate


                                4

                                51

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                                                            Appendix 1
                                                            Page 6 of 8
                                                  ATTACHMENT

OARM lead office to include evaluation of accounts receivable as
part of the annual review process.

2.   Promptly complete and issue Resource Management Directive
     system 2540, Receivables and Billings Chapter 9.  The
     guidance should include a specific definition of when
     amounts owed are to be recorded as accounts receivable.

     The Resources Management Directives System 2540, Chapter 9,
Receivables and Billings, is currently being finalized for
initiation into the"Green Border review for Agency-wide
clearance.  Guidance to define when amounts owed are to be
recorded as accounts receivable is included in Chapter 9 as
follows:

          Paragraph 3, "Within five days of realizing that a debt
          is owed to EPA, the responsible EPA office must prepare
          and send a bill to the debtor."

3.   Coordinate with the Assistant Administrator for Solid Waste
     and Emergency Response to require the Office of waste
     Programs Enforcement to include the forwarding of completed
     judicial orders to EPA as part of the Interagency Agreement
     with the Department of Justice.

     He agree DOJ should provide copies of completed judicial
orders to EPA.  OSWER is negotiating with DOJ concerning the
terms of the Fiscal Year 1990 Interagency Agreement (IAG).  The
February 2, 1990, draft of this document which has been presented
to DOJ for review and concurrence contained the following special
condition:  "DOJ/LNRD will provide copies of all lodged and
entered consent decrees, within 30-days of their lodging or   :
entry,  to the designated Office of Regional Counsel, Regional
Waste Management Division, and OECM contacts."

     In addition to the IAG process, the Agency has taken steps
to work closely with DOJ.  As stated in the response to the first
recommendation, the Assistant Attorney General, DOJ instructed
all United States Attorneys by memorandum on February 8, 1990, to
provide copies of all file-stamped and court-signed consent
decrees to the appropriate regional counsels.

     During Fiscal Year 1989, Agency workshops were held which
included representatives from DOJ.  The purpose of the workshops
was to better define roles and responsibilities for the
applicable finance, legal and enforcement staffs.        .
                                5

                                52

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                                                           Appendix 1
                                                           Page 7 of 8
FINDING NO. 2 - PROMPT ACTION NEEDED TO
                                                  ATTACHMENT
                                                 MOUNTS OWED
We recommend that the Assistant Administrator for Administration
and Resources Management take appropriate action to:

1.   Coordinate with the Assistant Administrator for Solid Waste
     and Emergency Response to require the office of Waste
     Programs Enforcement to complete and implement the guidance
     on tracking and. coll acting reimbursement of oversight costs.

     OSWER took action on this recommendation.  The guidance on
Monitoring and Collecting Oversight Reimbursement was delayed
pending changes in CERCLIS.  These changes were completed and the
CERCLIS guidance on tracking oversight reimbursement was
distributed to the regions on February 20, 1990.

2.   Work with the Deputy Administrator and coordinate with the
     Assistant Administrator for solid Waste and Emergency
     Response to:

       a. Require each EPA Region to provide formal assurance
          that the guidance on tracking and collecting
          reimbursement of oversight costs has been fully
          implemented and procedures have been established, to
          ensure that oversight billings are promptly sent to
          responsible parties.

     We agree that progress made on processing oversight billings
should be reviewed.  We will take this recommendation under
consideration and will work on developing an acceptable review
procedure.                                    .

       b. Include, as part of the annual Headquarters review of
          regional programs/ a determination of whether the
          procedures and controls have been implemented and are
          adequate to ensure that oversight billings are promptly
          sent to responsible parties.

     FMD will review FMO procedures and controls for oversight
billings.  In addition, OSWER has participated and will continue
to work with other Agency offices to strengthen the collection of
oversight costs from responsible parties.
              4
     As mentioned before, OARM is engaging an independent
contractor to review Superfund internal controls, including
accounts receivable.  In addition, the Office of Inspector
General, in its annual review of the Superfund Trust Fund,
includes accounts receivable processing.  The results of these
                                6

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reviews will assist OARM in assessing whether procedures and
controls are adequate.

3.   work with the Deputy Administrator, and coordinate with the
     General- Counsel and the Assistant Administrators for Solid
     Waste and Emergency Response and Enforcement and Compliance
     Monitoring, tot

       a. Require that all administrative and judicial orders and
          decrees include a statement that interest will accrue
          from the due date when disputed costs in oversight
          billings are found to be payable.

     The CERCLA legislation is clear on this issue.  It states,
"Such interest shall accrue from the later of (i) the date
payment of a specified amount is demanded in writing, or (ii) the
date of the expenditure concerned,"  The inclusion or omission of
an interest statement in an order or billing should have no
impact on the Agency's authority to collect interest.  However,
we will take this recommendation under consideration and will
work on developing an acceptable process.

     OSWER and OECM co-authored draft model consent and
unilateral orders.  The models are in final review and should be
published in the near future.  The draft models incorporate the
idea that interest will accrue from the due date when disputed
costs in oversight billings are found to be payable.  This will
continue to be a requirement in future consent decrees and
unilateral orders.

       b. Require that oversight billings include a statement
          that interest will accrue from the due date if disputed
          costs are found to be payable.

     Once the guidance models are issued in final, OARM and OSWER
will cooperate in establishing the appropriate statement on
billings.
                                7
                                 54

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                                                       Appendix 2
       J                   DISTRIBUTION
Inspector General  (A-109)
Deputy Administrator  (A-101)
Assistant Administrator for Administration and
  Resources Management (PM-208)
                               \
Office of General Counsel  (LE-130)
Assistant Administrator for Solid Waste and
  Emergency Response  (OS-100)
Assistant Administrator for Enforcement and
  Compliance Monitoring (LE-133)
Comptroller (PM-225)
Agency Pollowup Official (PM-225)
  ATTNi  Director, Resource Management Division,
         Agency Followup Official (PM-208)
Audit Followup Coordinator (PM-208)
  ATTN:  Program Operations Support Staff
Director, Financial Management Division (PM-226)
Associate Administrator for Regional Operations (A-101)
Office of Public Affairs (A-107)
Office of Congressional Liaison (A-103)
                               55  -

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