United State* Environmental Protection Agency Off ice of Solid Waste end Emergency Responae &EPA ^DIRECTIVE NUMBER: :^9832.0 » ^ TITLE: -' COST RECOVERY REFERRALS *_* *" » ^APPROVAL DATE: AUGUST 3;-'l983 :AUGUST 3,,'1983 ORIGlIMATINGFFICE: D DRAFT ' '^STATUS .REFERENCE (other documents): OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- SEPA .United States tnvironmental Protection Agency Washington. DC 20460 OSWER Directive initiation Request Originator Information Name of Contact Person Ja.net Fazrella Lead Office 1 j D OERR (3 D OSW Q OWPE AA-OSWER WH-527 Approved Interim Directive Numi 9832.0 Te,ephoneN^e_r2034 for Review Signature of Office Director ,. / Data Title Cost Recovery Referrals Summary of Directive basic Rules for handling and documenting upcoming §107 referrals Key Words: Cost recovery, documenting, rules ype of Directive /Manual. Policy Directive. Announcement, etc.! Status Draft D' a New Revision Does this Directive Supersede Previous Directives)? | j Yes [ \ No Does It Supplement Previous Oirectivelsi? (_J Yes j | N- f "Yes" to tither Question. What Directive /number, title) leview Plan D AA-OSWEH D OUST D OERR CH OWPE D OSW LJ Regions O OECM D OGC D OPPS Other ISpeci/yl his Request Meets OSWER Directives System rormat ignature of Lead Offii Date ignature of OSWER Directives Officer Date EPA Form 1315-17 (10-85) ------- OSWER 2 9832.0 Ti = UNITED STATES ENVIRONMENTAL PROTECTION AGENCY * WASHINGTON. DC Z0««0 3AUG 1S83 MEMORANDUM SUBJECT: Coat Recovery Referrals or COUMftCU Accing Associajfe Enforcement Cunsel TO: Regional Counsels, Regions I-X } . Recently, you provided my office with projections of hazardous waste civil referrals to Headquarters through the remainder o.f FY 1983. Included in the projected total of 27 referrals were 19. cost recovery referrals. Nearly all of these actions would involve recovery of costs associated with immediate removals. Oh July 27, 1983, we met with the Department of Justice to discuss the most appropriate means for managing these expected referrals. . In light of our continuing difficulties with cost documentation for existing referrals and actions, we agreed to two basic rules for handling the anticipated §107 referrals: 1. OEC-Waste will only accept referrals which include appropriate cost documentation. If documentation is inadequate, the referrals will be returned to the Regions for further development. To assist you in assessing the adequacy of your referral , I refer you to the draft guidance, "Cost Recovery Actions Under CE3.CLA," which was distributed to the Regional Division Directors at their national meeting on May 11 and 12, 1983, and to the attached document entitled "Partial Liat of Documents Needed to Support Coat Recovery." I trongly recommend that you include copies of the sup- porting documents in the referral package. If for ome reason this is not possible, the referral package should clearly identify the specific documents which support your claims. Ultimately, this documentation will have to be provided to DO J . If you have questions regarding documentation in your specific cases, please contact the appropriate Regional coordinator in my office. ------- OSNER =? 9832.0 i ^^7 I UN.1TED STATES ENVIRONMENTAL PROTECTION AGENCY "*. .^ WASHINGTON. OC 20460 MEMOR.^DUM SUBJECT: Cost Recovery Referrals FROM: ' Ki4/F:. (\Sniff ' . , A-ct.in^hC3"scciace Er.forcemenc 'Counsel for Vasce TO: OEC-w Scaff On August: 2, 1983., I issued a aeaorancua scacir.g several general policies regarding che processing o_f referrals under §107 of CERCLA. Since ~hat ciae, a. nuaber of.yjiu have raised quesrions.regarding. 37 aenorandun. This is incended co provide further cla'rificacicn. ' 1. The aeaorandum scacas chat: if, for some reason, che Regions have noc included copies -of supporting-docunencacion in che referral pac.v.i^e, che-referral should clearly idencify che specific docuaencs which support che claims. This idencificacion should be in che fora of a specific invencory of che supporting docunencs, indicating che idencicy, location and. cuscodian of che documents. A general avennenc chac ion is "available" will noc.-suffi.ee. 2. The memorandum states chac. DOJ will only file those cost recovery claims for which chera is ade.quace docu- mentation. However, there may be cases where those claims which can be prosecuced innnediacely are noc su'oscancial when compared wich che cocal pocential action. For example, if che Region refers a case seeking recovery or $'200 ,000 buC can only document $3,000., the Headquarters . attorney should seriously consider declining che referral until further documentation. is provided. This decision is case-specific. However, as a general guide, you should consider whether the documenced case is sufficient Co stand on ics own. Of course, in making your recommendation you should also consider other important factors such' as che Scatute of Liini cat ions , or che need to make a p^.-... .-., TTO fi T.-'.par ( o n nO4 nrOOf <"> f <* J I hope this answers some of your questions. If you have other quescions please feel, free co raise chers. ------- OSWER # PARTIAL LIST OF DOCUMENTS NEEDED TO SUPPORT COST RECOVERY 1. Total Payroll expenditures for attorneys, with supporting time cards and time sheets 2. Total payroll expenditures for technical personnel, with supporting time cards and time sheets 3. Total expenditures for travel for attorneys, with supporting authorizations and vouchers. 4. Total expenditures for travel ,for technical personnel, with supporting authorizations and vouchers. .5. For FIT contract expenditures: affidavit by contractor describing work done, hours spent, hourly cost, overhead calculations -and total cost; vouchers from contractor to EPA requesting payment; Agency records shewing, authorization for Treasury to pay contractor ' ' 6. For National Lab Contract expenditures: contractor summary of samples taken at site and distributed to labs for analysis, individual an.d total cost of sample analyses, contractor overhead costs, name of lab conducting analyses, sample numbers,, invoice numbers, total costs, copies of all invoices (types I and II), copies of bills from lab to contractor and frcm contractor to EPA if "SAS" samples; affidavit from EPA official verifying contents of contractor summary; copy of Agency's authorization for Treasury to pay contractor; vouchers from contractor to Agency requesting payment. 7. For expenditures by Regional Lao or ORD (e.g.,. aerial - photography): affidavit showing nature of work and total cost, invoices, record of payment. 8. For immediate removals: contractor invoices certified by OSC; record of authorization for Treasury to pay contractor; daily contractor cost reports (rough and final); daily verification of work and costs by OSC. 9. Documentation of expenditures by TAT and any other contractors used, expenditures by other agencies, expenditures by State under Superfund contract or cooperative agreement. ------- |