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
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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)
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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.
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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.
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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.
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