3EPA
              United State*
              Environmental Protection
              Agency
Off ice of
Solid Watte and
Emergency Response
             Agency
              DIRECTIVE NUMBER:  9S32.4
              TITLE:  PROCEUDRES FOR DOCUMENTING COSTS FOR
                   CERCLA SECTION 107 ACTIONS
              APPROVAL DATE: JANUARY 30, 1985
              EFFECTIVE DATE: JANUARY 30, 1985
              ORIGINATING OFFICE: QWPE
              S FINAL
              D DRAFT
               STATUS:

              REFERENCE (other documents):
  OSWER      OSWER     OSWER
VE   DIRECTIVE   DIRECTIVE   Dl

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6-EPA
United States Environmental Protection Agency
Washington, DC 20460
OSWER Directive Initiation Reauest
Originator Information
N-3MS£T»&as
Lead Office
G OERR
G OSW
Q OUST
OWPE
Q AA-OSWER
Mail Code WH-527
Interim Directive Number
9832.4

Telephone-Number
Approved for Review
Signature of Office Director- /
Date
Title
 Procedures for Documenting Costs for CERCLA Section 107 Actions
Summary of Directive
   Ittis  procedural manual sets  forth the procedures for documenting costs
   for CERCLA §107 cost recovery  actions.  These procedures require
   the close cooperation and  coordination among Headquarters and
   Regional program, legal, and financial offices.  The procedures
   manual should be used in conjunction with the Case Development
   Handbook.
  .  Key Words: procedures,  costs, CERCLA, §107, legal,
               financial office
Type of Directive (Manual. Policy Directive. Announcement, etc )
ProceduralManual
• *
Status
Q Draft
EJ Final
Does this Directive Supersede Previous Directive^)? | 	 ] Yes |_J No Does It Supplement Previous Directivels)'
If "Yes" to Either Question. What Directive (number, title!
LJ New
LJ Revision
Q Yes U r

Review Plan
   LJ AA-OSWER  O OUST
   D OERR      D OWPE
   D OSW      D Regions
D OECM
D OGC
G OPPE
Other (Specify)
This Request Meets OSWER Directives System Format
Signature of Lead Offiee Directives Officer
Signature of OSWER Directives Officer
Date
i"- 3t) - V^>
Date

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X«=-
     "i         UNITED STATES ENVIRONMENTAL PROTECTION

     /                 *   WASHINGTON. D.C. 20460'
                                                   SOLID WASTE AND EVERGENO RES°ONS;


                                                     OSWER # 9832.4


                             JAK1 3 0 1985
   MEMORANDUM
   SUBJECT: Procedures  for  Documenting  Costs  for  CERCLA S107  Actions

   FROM:    Gene A.  Lucero,  Di rector (o\kJL  t\> L,[tfJwO
            Office of Waste  Programs  Enforcement

   TO:      Directors,  Air  & Waste  Management Divisions,  Regions  I  -  X
            Regional Counsel, Regions  I -  X
            Director, Administrative  Services Divisions,  Regions  I, IX
            Assistant Regional Administrators for Policy Management,
            Regions  II,  III, IV,  VII,  and  VIII
            Director, Policy and  Management  Division,  Region  V
            Director, Management  Division, Region X

        This memorandum sets forth  the  procedures for  documenting
   costs for CERCLA  §107 cost recovery  actions.   These procedures
   require the close cooperation  and  coordination among Headquarters
   and Regional program, legal, and financial offices.  The attached
   procedures should be used in conjunction  with  the Case Development
   Handbook.  The Procedures Manual addresses the following
   topics:

        0 Categories of Expenditures

        c Inventory  of  Site  Related Costs

        0 Regional and  Headquarters Documentation Process

        e Privacy Act/Confidential  Business  Information

        0 Bankruptcy Procedures

        Additional guidance  is being  developed  for several other .  -
   issues associated with cost recovery which are not  addressed
   in the attached Procedures Manual.   These issues  include:
   providing cost documentation of  state and other Federal
   agencies' Superfund  expenditures,  streamlined  documentation
   procedures for the issuance of demand letters, application of
   interest and procedures  for small  cases.

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                           -2-
                                                  OSWER f 9832.4

     It is the Agency's intention that some type of action is
taken to recover expenses for every site where Fund monies have
been expended.  The Agency plans to have all cases dealt with
in a timely and efficient manner.  Guidance is being prepared
that will provide criteria for more streamlined settlement
arrangements for small cost recovery cases.

     The Agency recognizes that the attached Procedures Manual
does not necessarily represent the best and final system for
cost recovery documentation.  Over the coming months, with the
initiatives outlined above, the Agency will be working to
provide a more efficient cost recovery process.  Any suggestions
for improvement to the cost recovery process will be appreciated,

     Over the next several months, seminars will be held in
each Regional office on the Procedures Manual and other
issues associated with cost recovery.  If you have any
questions regarding the manual, please contact Janet Farella,
382-2016.
cc: William Hedeman, OERR
    Dave Buente, DOJ
    Fred Stiehl, OECM
    Dave O'Connor, PCMD
    Gordon Takeshita, FMD
    Peter Cook, OWPE
    Jack Stanton, OWPE

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                                                OSWER # 9832.4

 PROCEDURES FOR DOCUMENTING  COSTS  FOR CERCLA  S 10(tetftfcT>QK&-? A


 INTRODUCTION
      The Comprehensive  Environmental  Response,  Compensation  and

 Liability Act  of  1980  (CERCLA)  authorizes  the  Federal  Government

 to seek  reimbursement  from  liable  parties  of  "all  costs  of

 removal  or remedial  action  incurred  by the United  States

 government."   One of the  Agency's  goals in the  Superfund program

 is to maximize, through CERCLA  §107  actions,  reimbursement of

.the  Trust Fund.   In  August  1983,  the  Office of  Enforcement and

 Compliance Monitoring,  together with  the Office of Waste Programs

 Enforcement,  issued  a guidance  document entitled "Cost Recovery

 Actions  under  CERCLA."  That  document, hereafter referred to as

 the  Cost Recovery Guidance, discusses general  policy issues

 relating to cost  recovery actions  under $107(a)(4)(A)  of CERCLA.

 The  guidance describes  the  United  States burden of proof for cost

 recovery actions  to  consist of  three  elements:


      1 .  Proof  of  a release  or threat  of a  release  of a hazardous
         substance.

      2.  Proof  of  the liability  of  the responsible  parties.

      3.  Proof  of  expenditures.


      The Cost  Recovery  Guidance provided assistance for  the

 compilation of documentation  to support the first  two elements

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                                                OSWER # 9832.4
     0 Describes Headquarters and Regional responsibilities
       for documenting costs.

     0 Sets forth procedures for assuring protection of.information
       under the Privacy Act and confidential business information
       considerations .

     0 Describes the process for determining the proper amount
       of interest on Trust Fund expenditures.

     c Describes arrangements for the collection of payments into
       the Trust Fund.

     The following procedures are to be used by case development

teams, in cooperation with the Office of Waste Programs Enforcement

and Financial Management offices, when initiating and prosecuting

a CEPCLA ?107(a)(4)(A) cost recovery action.  Conformance with

these procedures will assure timely and complete documentation

of costs for 5107 actions.
                            -3-

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                                               OSWER f 9832.4
I. CATEGORIES OF EXPENDITURES

     Although the list of possible individual cost categories

under Superfund is a large one, expenditures can be divided

into four broad categories:

     EPA In House Expenditures

     Contracts

     Other Federal Agencies (Interagency agreements)

     States (Cooperative Agreements)

     The following section will briefly outline how these four

categories of cost are accounted for by FMD.


EPA In-House Expenditures

     This category includes all EPA employees whose salaries

(either fully or in part) are paid out of the Superfund account.

Employee time may be charged generically to the program^ or

specifically to a site.  Site-specific payroll charges are included

in the site specific SPUR reports. .This category also includes

all EPA travel charged to the Superfund account.  Like payroll,

travel may be charged to non-site-specific or site-specific

accounts.  Also included in this category of cost are supplies,
I/The Financial Management Division (FMD) is implementing an
indirect cost allocation system that will allocate appropriate
Agency and program support costs for sites.  This system will
be run centrally by the Financial Reports and Analysis Branch
of FMD and will not be reflected in the FMS or SPUR reports.
Amounts to be claimed for cost recovery purposes should be
available during FY 85.
                           -4-

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                                               OSWER f 9832.4
equipment, training or other miscellaneous charges made by EPA


offices which may be charged site-specifically in certain circum-


stances.  All costs charged to site-specific accounts are


identified as direct costs in the site-specific SPUR reports.



Contracts2


     This category includes all contracts which are obligated


against the Superfund appropriation.  Contracts can be subdivided


into three groups:


1 . Program Support Contracts


     These contracts, as the name suggests, provide generic, non-


site-specific program management support.  Development of program


activity tracking systems is an example of the type of work


tasked under a program support contract.  These contracts are


tracked in FMS under non-site-specific accounts.


2. Site Specific Contracts


     This category includes On Scene Coordinator Emergency


Removal Contracts, the Emergency Response Cleanup Services Contracts,


the Remedial portion of the REMEDIAL ACTION/FIELD INVESTIGATION


TEAM (REM/FIT) contracts and the REMEDIAL ACTION II contract.


Work under these contracts is tasked and  invoiced site-


specifically and the contract costs are recorded site-specifically


in the FMS.
^/Please see Appendix C for a more detailed description of
Superfund contracts.
                           -5-

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3. Direct Site/Non-Site-Specific Contracts     OSWER # 9832.4
     This category includes Superfund contracts which provide
direct site response work but are not accounted for site
specifically in the FMS.  This category includes the following
contracts: Technical Assistance Team (TAT) Contract, Technical
Enforcement Support (TES) Contract, FIT portion of the REM/FIT,
Contract Lab Program (CLP) Contracts, Environmental Monitoring and
Systems Laboratory (EMSL) Contract, National Enforcement Investigation
Center (NEIC) Contract and the Environmental Emergency Response
Unit (EERU) Contract.  These contracts are invoiced monthly
for all work performed under the contract during that month.
The contractors do maintain records of site-specific work
performed under these contracts.  For cost recovery actions,
the contractors will be requested (by OWPE through the appropriate
contract project officer) to supply site-specific cost summaries
and documentation.
     In general, all three types of contracts are processed and
paid in the following manner.  Invoices from the contractor
are reviewed and approved by the project officer.  Invoices
are then forwarded to the Financial Management Office in Research
Triangle Park, NC., which processes the payment of all Superfund
contracts.  This office prepares a Treasury Schedule which
authorizes payment and indicates the contractor, contract
number and amount of payment for a particular invoice.
                           -6-

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                                                OSWER * 9832.4




 Other  Federal  Agencies



     Under interagency  agreements  (IAG), other  federal agencies



 perform various  activities  and  services  in  support of the



 Superfund  program.   There are two  mechanisms  available for IAG



 funding: reimbursement  and  transfer  allocations.  Through lAGs,



 other  federal  agencies  may  provide either general program support



 or  site-specific activities.



     With  reimbursement accounts,  other  federal agencies will



perform certain  services for  the Superfund  program  (general program



"or  site-specific)  and request reimbursement for the  services after



 they are performed.   Money  is obligated  for these  lAGs before



 work is performed  but disbursed after  the work  is  completed.   Site-



 specific reimbursable lAGs  are  accounted for  site-specifically



 in  the FMS.   Reimbursable lAGs  are processed  through the



 Financial  Management Office in  Cincinnati,  OH.  Vouchers for



 reimbursement  are  approved  by the  project officer  and  forwarded



 to  Cincinnati  for  processing.   The Cincinnati office directs



 the U. S.  Treasury to transfer  the approved vouchered  amounts



 from the Superfund account  into the  other agency's  account.



     Under transfer allocations, Superfund  money  is  transfered



 to  another agency  before services  are  rendered. Transfer



 allocations,  either generic or  site-specific, are  not  accounted



 for in the FMS.   However, under transfer allocations,  the receiving



 Federal agency provides a monthly  accounting to OERR and FMD



 of  expenditures  to date. These monthly  reports serve  as the
                            -7-

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                                              OSWER I 9832.4
basis  for cost documentation of site-specific transfer allocations.

Further guidance on the back-up documentation to be supplied by

other  Federal agencies will be provided in the near future.

States

     This category includes monies spent through Superfund

State  Cooperative Agreements.  Generally cooperative agreements

are entered into between EPA and a state for site-specific

activity (e.g. removal action, RI/FS, remedial construction

and design).  In April 1984, the Regions were delegated the

authority to enter into cooperative agreements with states.

Under a cooperative agreement, the agreed upon amount of money

is set aside for drawdown by the state under a letter of credit.

The state must then report its record of expenditures to EPA when

a drawdown on the account is made.  The Regional Financial

Management Offices maintain a record of the drawdown of the

accounts.  Further guidance on the procedures to be used with

regard to cost recovery of cooperative agreement monies will be

provided in the near future.
                           -8-

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II . CASE SELECTION AND PRIORITIES               QSWER # 9Q32 4

     The Cost Recovery Guidance addresses the process o'f
initial selection of a case for cost recovery action.  In an
effort to maximize return to the Fund and to promote efficient
use of its resources, the Agency has set as its priority for
new referrals those cases where:
     1. Costs incurred exceed 5200,000 and,
     2. Site response action (either removal or remedial action)
        is completed, or, in the case of remedial actions, the
        Trust Fund's involvement has been completed.
     Particular cases for referral are identified in the
Superfund Comprehensive Accomplishments Plan (SCAP).  Because
of the complex and agency-wide nature of cost documentation
collection, EPA Headquarters (i .e. OWPE) plays a major role.
OWPE will rely on the SCAP for $107(a){A) case priorities for
cost documentation collection.  Since document collection and
packaging is a time consuming process, the Regions must allow
for at least six weeks between an initial request for documents
and their receipt.  If Regional cost recovery case priorities
change after the submission of the SCAP to Headquarters, the
Region must submit changes to OWPE in writing .  Complete collection
of cost documents for those cases involved in priority changes
cannot be guaranteed if the change request is received after
the third week of the quarter in which the Region is planning
to refer the case.
                           -9-

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     As  indicated  in the bankruptcy section beloSPhlwev'ir4,



OWPE will make every effort to ensure that ost documentation



for purposes of submitting a proof of claim is gathered on a



timely basis.



     Generally, before a cost recovery case is referred to



Headquarters or DO J, and certainly before a case is filed,



demand letters are  sent to the responsible parties.  At the



present  time the same cost documentation procedures are to be



used for the issuance of demand letters as for case referrals.



In the interest of maximizing the timely recovery of funds, the



Agency intends to establish a more streamlined process for



documenting costs for the issuance of demand letters.  Demand



letters  should be considered for every response action where



there is at least one viable responsible party and should be



sent as  soon as practicable after the completion of the response



action.  The Agency intends to issue more detailed guidance on



the demand letter process and model demand letters in the near



future.



     Another category of cases requiring cost documentation is



those sites where negotiations are projected or underway and



cost recovery provisions are included under a consent decree or



consent administrative order.  These sites are to be identified



on a quarterly basis and indicated under the negotiations or



administrative enforcement section of the SCAP.  Cost document



collection procedures are identical for new referrals and cases



under negotiation.
                           -10-

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                                                  OSWER I 9832.4






III. INVENTORY OF SITE PELATED COSTS





     Since site response activity under CEPCLA can be very



complex and require the assistance of various EPA offices,



contractors, states and other federal aaencies, some method of



organizing site activities and expenditures must be utilized.



Therefore, the Reaions, which have primary responsibility for



directing site activity, should establish a file that records



all work as it is reauested and conducted.  The first step in



documenting site expenditures is to take an inventory of all



activities that have occurred both at the site and in support of



site activity.  These site related expenditures may have been



incurred by at least the-followinc:



1. EPA Headausrters personnel:



     Office of Emeraency and Remedial Response (OERR)



     Office of VJaste Programs Enforcement (OVTPE)



     Office of Enforcement and Compliance Monitorinq (OF.CH)



     Office of General Counsel (OGC)



     Emergency Response Team  (ERT)



     National Enforcement Investiaation Center (NEIC)



     Environmental" Monitoring Systems Laboratory  (EMSL)



     Environmental Photographic Interpretation Center (EPIC)



2. EPA Regional Offices:



     Air and Waste Management Divisions



     Emergency Response Divisions



     Office of Regional Counsel
                           -11-

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                                                   tiK f 9832.4




     Regional Laboratories



     Office of Public Affairs, Congressional/Intergovernmental liaison



3. Contractors:



     REMEDIAL/FIELD INVESTIGATION TEAM Contract  (RF.M/FIT)



     REMEDIAL CONTRACT (RF.M II)



     TECHNICAL ASSISTANCE TEAM CONTRACT (TAT)



     EMERGENCY REMOVAL CLEANUP SERVICES CONTRACT  (ERCS)



     ON SCENE COORDINATOR CONTRACT  (OSC)



     CONTRACT LABOPATOPY PROGRAM CONTRACT  (CLP)



     TECHNICAL ENFORCEMENT SUPPORT  CONTRACT  (TES  I and II)



     ENVIRONMENTAL EMERGENCY RESPONSE TEAM CONTRACT



     NATIONAL ENFORCEMENT INVESTIGATION CENTER CONTRACTS



     OVERFLIGHT CONTRACT with LEMSCO



     OTHER' MISCELLANEOUS CONTRACTS



4. States:



     Cooperative Agreements



5. Inter-Agency Agreements with other Federal Agencies:



     Corps of Engineers (COE)



     Coast Guard (USCG)



     Department of Justice (DOJ)



     Department of the Interior (DOI)



     Federal Emergency Management Agency (FEMA)



     National Oceanic and Atmospheric Aqency  (NOAA)



     Health and Human Services (HHS)



     Occupational Health and Safety Administration (OSHA)
                           -12-

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                                                  OSWER f 9832.4






     It should be noted  that  site  related expenditures may  be



incurred by. the Criminal  Enforcement  nivision of OECM as .well



as the criminal investiaators  associated with NEIC.  The costs



incurred by these personnel should  not  be included  in costs th<



Agency is seeking to  recover  and all  reference  to these



individuals and their  offices  should  be removed fron the SPUR



and other documentation.   If  any Questions  arise on this issue



please contact Carroll Kills  of NFIC, FTS-234-215«.
                            -13-

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  IV. COST DOCUMENTATION PROCESS                  OSWER * 9832.4


       The case development team's first task in §107 cost •

  documentation is to fill out a Cost Recovery Checklist (See

  Appendix D).   To assure successful documentation,  it is

  imperative that the checklist be accurate and complete.  The

  checklist serves as the basis for all cost document collection.

  Incomplete checklists will not be processed and will be returned

  to the Repion for completion.  For new S107 case referrals,

  the checklist should be completed and sent to OWPF a How inn

  at least six  weeks for document collection.  The checklist

  should also be delivered to the appropriate Peoional office

  with responsibility for compilina Regional costs and documents.

  This will helo ensure that all cost documentation will be completed

  on a tinely basis.  This timing assumes that demand letters

  will be sent  simultaneously with the.referral to Headquarters.

  Cost documentation should be complete before issuing a demand

  letter^ or referring the case to Headquarters.  If the Regions

  wish to receive the cost documents earlier, for demand letter

  purposes, they must submit the completed checklists earlier.

  Completed checklists should be sent to:
                      Office of Waste Programs Enforcement
                      VJH-527
                      U.S.  EPA
                      401 M. Street
                      Washington, D.C.   20460
  •VThe  authority  to issue demand letters on cases before referral
  to the Department of Justice was delegated to the Regional
~ Administractors  in March 19B4.   Please see Appendix J for a copy of
*  the delegation memorandum.-  Once a case is referred, demand letters
  are to be  sent by the noj attorneys.

                             -14-

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                                                 OSWER f 9832.4
 Documentation Collection Responsibilities
     Successful documentation of costs for §107 cases will
require the close cooperation and coordination of Superfund
legal, program, enforcement, and financial offices both in the
Regions and in Headquarters and with Justice Department attorneys
Each of these offices will have certain responsibilities in the
collection and packaging of cost documentation.

   1. Recional Responsibilities
     A Regional member of the case development team should be
selected to coordinate the Regional and Headauarters cost
documentation.  That tean member must work with the Regional
Finan_c_ial Management Office to successfully complete
Regional cost documentation responsibilities.  The case
development team member will be responsible for completing
the checklist and collecting, packaging and summarizing* the
following categories of costs:
     a. State Cooperative Agreement;
          Documentation: SPUR
                         Copy of Cooperative Agreement
                         Copy of letter of credit and  record  of
                         drawdown.
4/See Appendix E  for  copy  of  a  sample  summary,

                           -15-

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                                                OSWER # 9832.4
            Summary of Cooperative  Agreement:  Includes date of

                           agreement,  brief description of work,

                           name of  state, total amount of agreement,

                           and if not  completed at  time of

                           documentation, amount spent to date.

Note: Additional backup documentation will be required from the

states.  Guidance on the appropriate  documentation and the method

for obtainino  it will be issued at a  later date.


     b. Regional Payroll;  This includes site-specific payroll

                           charges  by  any Regional employee5,

                           including Regional  Lab employees.


          Documentation: SPUR

                         Employee  Timesheets  and Timecards

          Rumma_ry of__ Pay roll; Includes employee name, title,

                               number of hours charqed to site,

     The regions must review the timesheets against the timecards

and the. SPUR, note and notify FMD  to  correct  any inaccuracies.

The timesheets are the original record of site-specific payroll

charges and should he considered as the basis for payroll

documentation.
5/Criminal investigators performing site-specific work may
charge their payroll against the Superfund site-specific account.
Employee information and amounts charged to the site should be
deleted from the cost recovery documentation.
                           -16-

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                                                  OSWER * 9832.4
     c. Regional Travel; This  includes  site  specific  travel

                         charges  by  any reqional employee,

          Documentation: SPUR

                         Employee  travel  authorization, paid travel

                         vouchers  and any corresponding treasury

                         schedules.

         ^Summary of Travel: Includes employee  name,  title,

                             dates of travel, dollars  charaed

                             per  trip.

     The Regions must  review the  travel documentation against

the SPUR, and notify F"-^ to correct  any inaccuracies.  The  approved

and pairi travel vouchers serve  as  the basis  for travel documentation

     d. Other Regional  Direct  Costs; This includes  s_i_te-specific

                                     supplies or services which

                                     may be  purchased by a  Peqion

                                     under its  individual allowance.

                                     These charges  may appear

                                     on the  SPUR.

          Documentation: SPHR

                         Purchase  Orders

          Summary:"  Includes description of other direct site

                    expenditures,  dates  of expenditures and  amounts.
                           -17-

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                                                  OSWER f 9832.4
   ?.. Financial Management Division Responsibilities
     Upon receipt of a completed checklist, OWPE  will  reauest
FMD  to provide documentation  for site-specific charges included
in the Financial Management System (except for the Regional
documentation listed above).  Documentation collected  by FMD will
be submitted to OKPE.  The FKD documentation covers the
following categories of costs:
     a. P.ite-gpecif ic Contracts;  This  includes OSC contracts,
                                  EPCS  contracts, REM  portion of the
                                  REM/FIT Contracts, REM II Contract
          Documentation: SPUR
                         Copies of paid invoices
                         Copies of Contract Status Notifications
                         Copies of corresponding  treasury schedules
     FKD must' reconcile the paid invoices against the  SPUR .and
note and correct any inaccuracies.
     b. Inter-Agency'Agreements (IAG);  Includes  site-specific
                                        reimburseable  and transfer
                                        allocations as reauested by'
                                        OWPE
          Documentations SPUR
                         Copy of the IAG
                         Copy of vouchers and schedule of withdrawals
                         Copy of monthly status report for transfer
                         allocations.
Note: Additional backup documentation may be required  from other
federal agencies. Guidance on documents reauired  and procedures
                           -Ifi-

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                                                  OSWER # 9832.4

for collection is currently under development.

     c. Contract Laboratory Proqrar Contract  (CLP);  This- include?

                     all standard analytical services provided by

                     the CLP.  It does not include the Contract

                     Lab Manaqenent Contract  (see next section).

          Docunentation: After receipt of a site-specific invoice

                         list from OWPE, 'FJJ£ will supply the contract

                         lab invoices and corresponding Treasure

                         Schedules ans contract status notifications.

     d. Other Sunerfur.d Contracts; This  includes  site-specific work

                                   contracted under Superfund that is

                                   not invoiced site-specifically.

          Documentation: On a Quarterly  basis, FMD will supply

                         to OV;PF, an update of copies of the

                         invoices, contract status notifications

                         and treasury schedules for the following

                         contracts:

                         TAT
                         (Current contractor: Roy F. Weston
                          Contract No. 68-01-6669)

                         FIT portion of  REM/FIT
                         (Current Contractors: NUS,
                         CH2MHill: FIT Subcontractors  E * E
                          Contract Nos.  68-01-6699, 68-01-6692)

                         TFS I
                         (Current Contractor: GCA
                          Contract No. 6R-01-6769)

                         TES II
                         (Current Contractor: PRC
                          Contract No. 6P-01-7037)
                           -19-

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                                                OSWER ft 9832.4

                         CLP Management
                         (Current Contractor: VIAR
                          Contract No. 6R-01-6702)

                         EEPU Contract         ..  - - •-'.-'
                         (Current Contractor: IT Corp.
                          Contract No. 68-03-30fi9)

                         FMSL Contract
                         (Current Contractor: LEMSCO
                          Contract No. 68-03-3049)

                         HE 1C CONTRACT
                         (Current Contractor: TECH LAv'
                          Contract No. 68-01-6R3R)

     e. Headquarters Payroll; This includes site-specific payroll

                              charges by any headquarters employee

                              (OWPE, OERR, OECM,  ERT, etc.)

          Documentation: SPUR

                         Timecards

     f. Headquarters Travel; This includes site specific travel

                             charges by any Headquarters employee.

          Documentation: SPUR

                         Copies of travel authorizations

                         Copies of paid travel vouchers and any

                         corresponding Treasury Schedules.

     FMD must review the travel documentation against the

and note and correct any inaccuraciese  The approved travel

vouchers serve as the basis for travel documentation.
                           -20-

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                                                  OSWER # 9832.4






   3. OWPE Responsibilities



     OWPF plays the major role in requesting case cost



documentation, tracking receipt of documents, and packaging and



summarizing of cost documents.  OV:PF will he responsible for



the following cost documentation:



     a. FIT Contract Costs; Includes site-specific costs incurred under



                            the Field Investigation Team contracts,



                            which are part of the PEM/FIT contracts.



          Documentation: ov:pr will reguest the FIT contractors



                         to provide a summary of  site-specific costs



                         incurred under the contract.  The summary



                         will include: total costs, break out of



                         costs by labor, travel,  subcontractors,



                         and materials, TDD numbers and associated



                         hours, dates of work and brief summary



                         of work performed.  OV7PE will provide



                         copies of TDDs, 'invoices, contract  status



                         notifications and corresponding Treasury



                         Schedules for dates of work.  ,



     b. TAT Contract Costs; Includes all site-specific cost  incurred



                            under the Technical Assistance Team



                            contracts.



          Documentation: OWPE will request the TAT contractors



                         to provide a summary of  site-specific



                         costs  incurred under the contract.



                         Summary will include total  costs,
                            -21-

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                                           OSWER I 9832.4
                    break out of costs by labor, travel,
                    subcontractors, equipment, TDD numbers
                    and associated hours, dates of work
                    and brief summary of work.  OWPE will
                    provide copies of TDDs, invoices, contract
                    status notifications and correspondina
                    Treasury Schedules for dates of work.
c. Remedia]  Contract Costs: Includes all work done under the
                            REM portion of the REM/FIT contracts
                            and the REM II Contract.
     Documentation: Although most of the work tasked under
                    these contracts are recorded site-specifically
                    in FVS, there is some site-specific work
                    which is not. This work includes: RAMPS,
                    community relations work, enforcement support
                    and laboratory work.  OVJPE will request
                    the RFM contractors to supply a summary
                    of all direct site response work tasked
                    under the contract.
     Documentation: Summary will include total costs,
                    breakout of costs by labor, travel, sub-
                    contractors and equipment, work assignment    ,
                  •  numbers and associated hours, dates of
                    work and brief summary of work.  OWPE
                    will provide copies of paid invoices,
                    contract status notifications and
                    corresponding Treasury Schedules.
                      -22-

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                                             OSWER f 9832.4








d. Contract Lab Program Costs; This includes all site-



                    specific costs incurred under  the CLP;



                    both special analytical services



                    and standard lab analyses.



     Docunentation: The operation of the sample management



                    office  is contracted to VIA*,  Inc.



                    OV.'^E will request VIAR to provide a



                    listinq and summary of all samples



                    and analytical services for a  site.



                    The summary will include total CL"°



                    .costs and break out between special



                    analytical services and standard services.



                    The listina of samples will include



                    contract name and number, sample number.,



                    invoice number and cost per sample.  VIAR



                    will provide, for special analytical services,-



                    copies  of the paid invoices.   OWPE



                    will provide copies, requested from



                    FMD, of the standard services  invoices



                    and VIAR paid invoices, contract status



                    notifications and Treasury Schedules.



e. TFS Contract Costs; This includes all site-specific costs



                       incurred under the TES contracts.



     Documentation: OWP? will request the contractor to



                    provide a summary of site-specific work



                    conducted under the contract.  Summary will





                      -23-

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                                            OSWER f 9832.4



                     include  total  costs,  break out  of


                     costs  by labor,  travel, subcontractors,


                     eauipment, work  assignment numbers  and


                     associated hours,  dates of work and  brief


                     description  of work performed.   OWPE


                     will provide copies of the work assipnnents,


                     paid contract  invoices, contract status


                     notifications  and  Treasury Schedules.


f. EERU Contract:  This includes all site-specific  work


                   provided  under  EERtis contract.


     Documentation:  OV7PF will request  FRT to provide a


                     summary  of site-specific work provided


                     under  the contract.  The summary will


                     include  total  site costs, dates of  work,


                     brief  description  of work, break out of


                     costs  by  labor,  travel and subcontractors.


                     OV7PE will provide  copies of  paid invoices,


                     contract  status  notifications and


                     Treasury  Schedules.


p. NEIC Costs; This  includes  site-specific work  done throuah


               NEIC, both  NEIC employees and contractors


     Documentation:  OWPE will request  NEIC to provide
  •

                     site-specific  employee timesheets and


                     travel documentation and a cost summary


                     which  is  to  include cost break  out  by


                     employee  payroll and travel, contractor
                      -24-

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                    costs, contractor and conQQ-SBt*

                    brief summary of work and dates -of work.

                    If contractor was used, OWPF will supply

                    copy of paid invoices, contract status

                    notifications and corresponding

                    Treasury Schedules for period of work.

h. Overflichts; Includes site-specific aerial photography and

                related work done through E^SL and EPIC.

     Documentation: OWPE will request EMSL and EPIC to provide

                    summary of site specific aerial photographic
                                                              *
                    costs which is to include break out bv labor

                    and materials, contractor costs, contract

                    number and dates of work.  If contractor

                    was used, OW^E will supply copies of paid

                    invoices and corresponding Treasury Schedules

                    for period of work.

i. Headquarters Payroll; This includes site-specific payroll

                         charges by any Headquarters employee

                         including OV7PE, OECM, EPT, and OF1RR.

    Documentation: SPUR from FMD

                   Employee Tiroesheets (OWPE will request

                   other headquarters offices to supply

                   their employees' timesheets).

    Summary of HO Payroll: Includes Employee name, title,

                    number of hours charged, total

                    payroll dollars per employee
                      -25-

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                                                OSWER # 9832.4
     OWPF must review the timesheets aqainst the SPUR  note and

have corrected any inaccuracies.  The timesheets are  the oriainal

record of site-specific payroll charges and should be  considered

the basis for payroll documentation.

     j. Headquarters Travel: Includes site-specific travel

                          charnes by any HO employee.

          Documentation: To be supplied by FMP.

          Summary: Includes employee name, title, dates of travel

                   dollars charged per trip.
                           -26-

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                                                 OSWER f 9832.4





   4. POJ Responsibilities



     This includes all site-specific litigation support costs



incurred by the Department of Justice under Superfund  interaqency



agreements.



     Documentation: The DOJ representative on the Case



                    Development Team is responsible for



                    collecting and summarizing DOJ litigation



                    support costs.  Documentation should  include



                    employee timesheets, travel authorizations



                    and vouchers.  A copy of the summary  for POJ



                    costs should be sent to OWPE.
                           -27-

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                                                 OSWER f 9832.4




PREPARATION ANP USE OF THE COST PACKAGE





     OV7PE will prepare a standard summary for each of the



categories of costs for which  it is responsible.



     After collection and preparation of the cost summary, OWDF



will send the cost documents and copy of the summary to the



Regional cost recovery case coordinator.  The regional coordinator



is responsible for adding the  regional cost documents and



summaries to the package.  The regional coordinator is to send



a copy of the regional summaries to OW?E.  The case development



team should review the cost package and make sure it is complete



and accurate.  The actual cost documents are to he retained  in



the regional offices.  The custodian of the case file will be



the lead regional counsel assigned to the case.



     After receipt of the cost documents, the case development



team can complete the referral package and refer the case to



OECM.  The actual cost documents do not need to be sent with



the referral package; the completed cost summary will be



sufficient for case referral.  The documents are to be retained



in the Regional offices to facilitate discovery or production



of documents reouests and reduce possible loss of documents



through multiple shipments between headauarters., DOJ and the



Regions.
                           -28-

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                                                OSWER * 9832.4




V. THE PRIVACY ACT, NON DISCLOSURE OF IRRELEVANT INFORMATION  AND



   CONFIDENTIAL BUSINESS INFORMATION (CBI) ISSUES





1.   Privacy Act



     Discovery requests and proof of the prima facie case during



CERCLA Section 107 cost recovery actions may require the Agency



to produce to responsible parties certain documents involving



EPA payroll and travel costs.  That documentation may contain



information that is covered under the Privacy Act (5 U.S.C.



S522a (1974)) and should not be released until the documents



are reviewed and such information is deleted.  The issue



typically arises in documents that couple an employee's name



with his social security number, employee home telephone number



or address, or where the documents are receipts containing



credit card numbers or copies of personal bank checks.



     The Regional offices are responsible for the review of EPA



Regional payroll and travel documents for Privacy Act



considerations.  OWPE will be responsible for reviewing all



Headquarters employee payroll and travel documents.  If any



information covered under the Privacy Act is found, it is to  be



redacted.



     Appendix F contains a list of the items covered by the



Privacy Act that should be redacted on each type of cost



documentation that may be used during a cost recovery case.



Additional inquiries regarding Privacy Act considerations should



be directed to Rose Arnold (OGC) at 382-5460.
                           -29-

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                                                OSWER f 9832.4
 2. Non-Disclosure of Irrelevant Information
     In addition to Privacy Act considerations, any references
to work performed on other CERCLA sites or RCRA facilities
should be redacted.  This type of information may appear on
timesheets, timecards, or travel authorizations/vouchers.
This will prevent responsible parties from obtaining information
about other sites where investigations or other EPA activities
are underway.
 3. Confidential Business Information
     Documents needed to support contractor costs may contain
information, such as contractor overhead rates, which is subject
to confidential business information (CBI) considerations.
This is primarily an issue for the FIT, TAT and REM contracts,
and it will arise during the discovery phase of litigation
when defendants file a request for the production of documents.
     The regulations governing confidentiality of business
information are contained in 40. C.F.R. §52 .201-2 .215 .  In
general, those regulations state that CBI is entitled to be
withheld from disclosure.  However, $2.209(d) allows CBI to be
disclosed "in a manner and to the extent ordered to be disclosed
by a Federal court" so long as EPA provides "as much advance
notice as possible to each affected business of the type of
information to be disclosed and to whom it is disclosed.  .  ."
It is important to know that EPA roust respond to defendants'
discovery requests on a timely basis.  Ordinarily this is within
thirty days of the request under the Federal Rules of Civil
                           -30-

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                                               OSWER I 9832.4
Procedure.  Thus, expeditious handling of requests concerning CBI
is essential.
     Procedurally, once a request for the production of documents
is received that may require CBI to be disclosed, the lead EPA/DOJ
attorney on the litigation team should immediately contact counsel
for the party requesting the documents to determine  if an
agreement can be reached in which the documents are  released
under the terms of a stipulation and protective order (See
example stipulation and protective order in Appendix G).  If
an agreement can be reached within the time for response
guaranteeing that the documents will only be disclosed to
certain persons or parties for certain limited purposes  (and
those persons or parties agree to sign a confidentiality agreement),
the case development team must then identify all contractors
that may have CBI in the cost documentation files.   Within.
seven days of receipt of the discovery request, the  lead EPA
attorney should send each contractor both a letter explaining
the situation (See model letter in Appendix H) and a copy of
the stipulation and protective order previously agreed  to by
the parties.  The letter should set a date by which  the  documents
will be produced (i .e., the discovery response date) and invite
the contractor to make comments on the content of the protective
                            -31-

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                                                OSWER * 9832.4
 order to the author within  seven days  of  receipt.6

      Once mutually  satisfactory revisions are  included  or  the

 date passes for comment,  the  proposed  stipulation and protective

 order should be submitted for signature to the party requesting

 the information and,  subsequently,  by  motion  to the  court

 requesting entry of the Order.  See example motion  in Appendix I

 Once the Order is entered and counsel  for the  party  requesting

 the information has executed  a confidentiality agreement,  the

.information may be  produced.

      If  the party requesting  the information  does not agree

 to  production under the terms of a  protective  order, the United

 States has two options.   The  case litigation  team may decide to

 redact all CBI and  produce  the materials  requested  or  it may

 decline  to produce  the CBI-containing  documents altogether

 unless under the terms of a protective order.

      The decision whether to  redact and produce,  or  simply

 decline  to produce, will  be made on a  case by  case  basis and

 will depend on the  strength of the  CBI claim  made by the
 °/It  should  be  noted  that  the  Office  of  General  Counsel nas  been
 requested  to notify the major  Superfund  contractors that certain
 types of documents containing  CBI  will be  released in the
 context of cost recovery litigation or settlement negotiations.
 That  notification will  indicate  that  the United  states
 will  attempt to protect the  documents from distribution and
 will  include a  copy of  the model protective order contained  in
 Appendix G.   The Agency expects  to receive general approval  of
 the model  protective  order's terms from  each of  the major
 contractors  in  the near future,  thereby  speeding case-specific
 release of the  contractors'  documents.
                            -32-

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                                                OSWER # 9832.4




person requesting confidentiality, on the number of documents



that are involved, the resources required to review and' redact



all CBI and the team's assessment of the possible consequences



of the available options.  In particular, the litigation team



should consider whether the defendants would likely accept



redacted material and the amount of resources that would be



required to oppose any motions to compel discovery in  the



event all the material is withheld.



     For further information on the procedures  to be  followed



in addressing the issue of confidential business information,



contact David Van Slyke in the Office of Enforcement  and



Compliance Monitoring at  (FTS) 382-3082.
                            -33-

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                                               OSWER I 9832.4


VI . APPLICATION OF INTEREST


     The Agency has determined that the United States should

seek interest on monies expended from the Trust Fund for, among

other  things, site investigations, studies, cleanup and

enforcement.  Cost recovery actions should seek interest

from the date of a demand of a sum certain at the rate being

earned by the Fund for comparable time periods.7  Applying

interest from the date of a demand is an incentive for responsible

parties to undertake cleanup themselves and will also discourage

responsible parties from engaging in protracted negotiations

and litigation.  OWPE and OECM are presently working with the

Financial Management Division to provide site-specific

total monthly expenditures for all costs for interest calculation.

     Futher guidance will be provided by DOJ and OECM on the

exact method and procedures of interest calculation that

is to be used for cost recovery actions.
7/In a Memorandum Opinion in United States v. NEPACCO, No. 80-
5066-CV-S-4 (W.D. Mo. Jan. 31, 1984) and the follow-up Order
for Final Judgment (April 16, 1984), the Court allowed pre-
judgment interest at the rate of 9% simple interest calculated
from the date the amended complaint (adding CERCLA counts to a
RCRA $7003 case) was filed.  The 9% interest rate was set "in
accordance with Missouri's post judgment interest statute."
January 31 Memorandum Opinion at 44.  However, neither the
opinion nor the Government's pre or post-trial briefs indicated
whether the State statute was the applicable law, or if the
Court merely used the Missouri Statute as a guideline in the
absence of Federal law on the issue.
                           -34-

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                                                   -« ff 9b32.4
VII. BANKRUPTCY PROCEDURES

     In determining how to proceed against bankrupt parties  in
cost recovery cases, the Regions should follow a four step
procedure .
     First, the Region, in consultation with the DOJ case attorney,
should determine what type of bankruptcy action the responsible
party has filed for.  Under a Chapter 7 bankruptcy, or "liquidation
bankruptcy", the debtor is granted a discharge of all debts
and must  liquidate all assets.  Under a Chapter 11 bankruptcy,
or "reorganization bankruptcy", however, there is not a liquidation
of assets .  Instead the debtor is required to develop a
reorganization plan and payment schedule whereby portions of
the debts are paid to the different classes of creditors.  The
Agency's claims under cost recovery are more likely to be
satisfied in a Chapter 11 bankruptcy.
     Second, the Region must determine when to proceed against
a bankrupt party.  In making this determination, the Region
should balance the likelihood of recovering assets from the
estate of the insolvent party against the extent of Agency
resources required to prosecute bankrupt parties.  The Regions
should also evaluate the possible deterrence effects that a
lawsuit will have upon other entities that nay file, or are
seeking to file, frivolous or fraudulent bankruptcy claims.
     Third, the Region should refer the bankruptcy claim to the
Department of Justice for filing.  Prompt referral of bankruptcy
cases is necessary to preserve the Agency's claims as a creditor,

                           -35-

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                                               OSWER I 9832.4
Ordinarily  the type of claim made by the United States in a
CERCLA action will be quite unlike a secured lien and will
therefore require the filing of a proof of claim indicating the
nature of the government's claim  (See Bankruptcy Form 10).
Unless an'extension is moved for and granted, Chapter 7 bankruptcy
claims must be filed 90 days from the first meeting of the
creditors.  Bankruptcy Rule 3002(c).  The deadline  for Chapter
11 bankruptcy claims is set by the Court.  Bankruptcy Rule 3003(c).
Often it must be filed before the Court approves the debtor's
reorganization plan.  In emergency situations, telephone referral
to DOJ with EPA Headquarters concurrence may be appropriate.
     After DOJ approval, a proof of claim should be filed
with the Bankruptcy Court which states the amount of the debt
and the basis for the claim.  The Region should be  prepared at
the time of filing of a proof of claim in Bankruptcy Court to
prove that the estate is liable under $107 of CERCLA.  Therefore,
the referral to the Department of Justice should include all
the information necessary for a cost recovery action.  OWPE
will try to expedite requests for documents in those late-discovered
bankruptcy cases that require immediate filing of a proof of
claim.  The Regions must, however, clearly articulate the
urgency of the situation to OWPE and request that Headquarters
reorganize the cost documentation collection priorities for that
Region.
     Fourth, EPA and the Department of Justice must determine
which theories of recovery are appropriate, and whether to
                           -36-

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                                               OSWER # 9832.4






proceed in District Court or Bankruptcy Court.  The theories of



recovery may include: claims as administrative expenses of the



estate; recovery under S506(c) of the Bankruptcy code; equitable



leins; and common law restitution.  The considerations of



whether to initiate proceedings in District Court or Bankruptcy



Court include: the extent of assets in the estate; the applicability



of the automatic stay provisions in the Bankruptcy Act; the



extent of previous litigation; and the facts of the case.



     For more discussion on enforcement theories available to



the Agency to pursue insolvent parties, and for more specific



guidance regarding procedures in bankruptcy cases, refer to



"Guidance Regarding CERCLA Enforcement Against Bankrupt Parties"



issued on May 24, 1984, by Courtney M. Price, Assistant



Administrator for the Office of Enforcment and Compliance



Monitoring .
                            -37-

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                                                OSWER f 9832.4
VIII. UPDATING OF COSTS

     The actual litigation of CERCLA 5107 cases may be a very
lengthy process.  Negotiations may take place before a case is
filed.  Once a case is filed, negotiations may  continue and the
litigation process itself may be conducted over a period of
many months or several years.  Often site work may be ongoing
while the case is in litigation.  And certainly litigation
costs are being incurred by EPA, DOJ, and often, contractors.
During the course of negotiations or litigation, the case
development team may need to update costs for a particular case.
     For completed removal actions, with no other site activity.
in progress, an update of costs is a relatively easy exercise.
The case development team can update Regional payroll and travel
and OWPE can update headquarters payroll and travel.  DOJ, upon
request from the assigned DOJ or U.S. attorney, can update its
litigation support costs.
     There are, however, cases where the government  is pursuing
a 5107 action but costs are still being incurred for on-site
activity (e .g., §106 cases that also have a 5107 count and
remedial action has not yet been completed) .  Updating costs
for these types of cases may actually be the equivalent of
documenting a new $107 case.
     The case development team must allow for at least three
weeks from a request for a cost update and its  receipt.  The
Region must balance the need for a cost update  against the
needs of the other cases in the Region which require documentation

                           -38-

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                                              OSWER f 9832.4

The collection of cost documentation is not a process which
can be "turned off" once it has been initiated.  Therefore, it
is important that the case development team use discretion
and good judgment when requesting a cost update.
     Cost updates may be requested by submitting a written
request to the Cost Recovery Group, OWPE.  The memorandum
is to specify why and when an update is needed and the categories
of costs which need updating.  The case development team must
give OWPE as much lead time as possible to accommodate update
requests.  OWPE will collect the requested information and
prepare a summary of updated costs.  The summary and documents .
will be forwarded to the case development team in  the Region.
                           -39-

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                                                OSWER # 9832.4
IX. ACTUAL PAYMENT INTO THE TRUST FUND


     To accelerate the receipt and investment of monies

recovered from responsible parties under CERCLA, the Department

of the Treasury has provided a separate lockbox for Superfund.

Checks for cost recoveries, penalties and fines should be made

payable to the EPA Hazardous Substance Response Trust Fund and

sent to the following address:

                 EPA Superfund
                 P.O. Box 371003M
                 Pittsburgh, PA    15251

     Checks should be accompanied by transmittal letters that

state the name of the responsible party and the site for which

payment is being rendered.  The remittance address and instructions

should be included in all settlement documents  (consent decrees,

administrative order, or settlement agreements) and demand letters.

     The Regional Counsel representative on the case development

team is responsible for sending a copy of the signed consent/

settlement document (as soon as it is available) to the following

address:
               US EPA
               Financial Management Division, PM-226
               Financial Reports and Analysis Branch
               401 M Street, S.W.
               Washington, D.C.
               Attnt Ivery M. Jacobs, Rm 3623M

     These documents are necessary to establish an accounts

receivable to assure that funds are ultimately  received and to

assure that funds that-are received are credited to the

appropriate account and reported to the Hazardous Substance

Response Trust Fund for investing.


                           -40-

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                                        OSWER f 9832.4




                APPENDIX  A



FLOW CHART OF COST  DOCUMENTATION PROCESS

-------
                                                     «ER f 9832.4

 DEFINITIONS OF ACRONYMS USED  IN  FLOW  CHART
 	       OSWER I 9832.4

 IAG:  INTER-AGENCY AGREEMENT


 HEM:  REMEDIAL CONTRACT


 PIT:  FIELD INVESTIGATION  TEAM CONTRACT


 TAT:  TECHNICAL ASSISTANCE TEAM  CONTRACT


 TES:  TECHNICAL ENFORCEMENT SUPPORT CONTRACT


 CLP:  CONTRACT LABORATORY  PROGRAM


 NEIC: NATIONAL ENFORCEMENT INVESTIGATIONS CENTER


, ERT:  EMERGENCY RESPONSE TEAM


 EMSL: ENVIRONMENTAL MONITORING AND SYSTEMS LABORATORY

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                                    OSWER I 9832.4
         APPENDIX B



SITE-SPECIFIC SPUR CHARGES

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                                                   OSWER I 9832.4
SOFTWARE PACKAGE FOR UNIQUE REPORTS (SPUR)
••^• ——• • •—!•—^—W—••••. l«, !• MM^_«M«__HM.^.,^.MW_         ^

     Through the use of SPUR, the Financial Management System

(FMS) can produce reports which summarize specific Superfund

charges of  individual  sites.  However, because some expenditures

that benefit specific  sites are not charged to site specific

accounts, the FMS does not identify all direct site response

costs.  The following  is a list of the site specific cost

categories which are included in a SPUR:


SITE-SPECIFIC EPA PAYROLL

SITE-SPECIFIC TRAVEL

OSC EMERGENCY REMOVAL  CONTRACTS

ERCS CONTRACTS

MAJOR REMEDIAL SITE-SPECIFIC WORK ASSIGNMENTS:

          REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS)

          REMEDIAL DESIGN

          REMEDIAL CONSTRUCTION

REIMBURSEABLE SITE-SPECIFIC IAGS

STATE SITE-SPECIFIC COOPERATIVE AGREEMENTS

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            APPENDIX  C                OSWER I 9832.4
DESCRIPTION OF SUPERFUND CONTRACTS

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                                                  OSWER f 9832.4
TECHNICAL ASSISTANCE TEAM CONTRACT (TAT)
•^^—^— • • ^—a^—  BIII • i •  . i • i .1  .•!•!.                *

SCOPE;

This contract is designed to assist EPA in responding to all
reported environmental emergencies, including oil spills
(under 5311  of the Clean Water Act) chemical spills and
uncontrolled hazardous waste disposal sites.  Response includes
damage assessment field studies, monitoring cleanup operations,
and coordinating with local governments.   Other functions
such as conducting spill prevention compliance checks are
also performed.  Under this nationwide contract, teams (TAT)
are provided to EPA headquarters, all ten EPA regions, and
both of the  Environmental Response Teams (ERT).  'The TAT
contract does not perform any actual cleanups.


Original Contractor: Ecology & Environment, Inc. (E&E)

Contract Number: 68-01-5158

Dates of Contract: February 1979 to October 1982

EPA Project  Officer: Jack Jojokian


Current Contractor: Roy F. Weston, Inc.

Contract Number: 68-01-6669

Date of Contract: October 1982 to September 30,  1986

EPA Project Officer: Jack Jojokian

EPA Contract Officer: Paige E. Peck

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                                                 OSWER f 9832.4
ON SCENE COORDINATOR EMERGENCY REMOVAL CONTRACTS
                                                   •
SCOPEt

These contracts are designed for emergency or immediate removal
situations initiated by the On Scene Coordinator.  These
contracts are entered into on an individual basis as an
emergency situation arises.  Contract is usually initiated
with a letter to proceed.  All work under these contracts is
site specific.


Emergency Removal Cleanup Service Contracts (ERCS)

SCOPE;

These contract are designed to respond to environmental
emergencies with resources necessary to contain, cleanup,
remove and dispose of hazardous materials.  There are four
ERCS Zone contractors.
ERC Zone I (Regions I, II, and III);

Contractor: 0. H. Materials Co.

Contract No.: 68-01-6893

Dates of Contract: February 1, 1984 to Janueary 31, 1987

EPA Project Officer:  James Jowett

EPA Contract Officer: Patrick Flynn

ERC Zone II (Region IV);

Contractor: Hazardous Waste Technology Services

Contract No.: 68-01-6859

Dates of Contract: December 1, 1983 to November 30, 1986

EPA Project Officer:  James Jowett

EPA Contract Officer: Thomas F. Sullivan

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                                                 OSWER # 9832.4
ERC Zone III  (Region V);
Contractor: PEDCo Environmental,  Inc.
.Contract No.: 68-01-6894
Dates of Contract: February  1,  1984  to January  31,  1987
EPA Project Officer: James Jowett
EPA Contract  Officer: Dorothy Britton

ERC Zone IV (Regions VI, VIJ, VIII >  IX,  X);
Contractor: Environmental ..Emergency  Services
Contract No.  68-01-6860
Dates of Contract: December  1,  1983  to November 30, 1986

EPA Project Officer: James Jowett
EPA Contract  Officer: Thomas .F.  Sullivan

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                                                  OSWER f 9832.4

REMEDIAL ACTION CONTRACTS (REM)

SCOPE;

The Remedial Action contracts primary focus is to investigate
and provide long term corrective action for NPL sites.  Tasks
under the REM contracts include the following:

     Remdedial Action Master Plans (RAMPS)
     Remedial Investigations/Feasibility Studies (RI/FS)
     Initial Remedial Measures (IRM)
     Enforcement and technical oversight projects
     Community Relations Plans
     Remedial Design and Construction

     The contractors are tasked through work  assignments,
which are generally site-specific.  However,  some work assignments
a're written to cover a number, of site for a particular task
such as RAMPS and community relations plans.

     The Superfund program originally had three REM contractors:

          Camp, Dresser, McKee (CDK)
          Contract No. 68-03-1612
          Dates of Contract:  June  1981 to March 1983

          Roy F. Weston
          Contract No. 68-03-1613
          Dates of Contract:  June  1981 to October  1982

          Black & Veatch
          Contract No. 68-03-1614
          Dates of Contract:  June  1981 to October  1982


     In October 1982,  the  original REM contracts  were replaced
with two zone REM/FIT  Contracts.   These  are  three  year contracts.

REM lone I  (Region I - IV):

Contractor: NUS Corp.

Contract No.  68-01-6699

Dates of Contract: October 1, 1982 to September 1986

EPA Project Officer: William  Kaschak

EPA Contract  Officer:  Ronald  L.  Kovach

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                                                 OSWER I 9832.4
REM Zone II (Region V - X);
Contractor: CI^MHill Southeast, Inc.
Contract No.: 68-01-6692
Dates of Contract: October 1, 1982 to September 30, 1986
EPA Project Officer: Nancy Willis
EPA Contract Officer: Dorothy Tyler

     In June 1984 an additional nationwide REM contract was awarded
under which the contractor is to perform remedial response
activities at uncontrolled hazardous waste sites and prepare
A&E design specifications of the selected remedies.

REM II (Nationwide);
Contractor: Camp, Dresser & McKee; Inc.
Contract No.: 68-01-6939
Dates of Contract: June 1, 1984 to May 30, 1988
EPA Project Officer: William Kaschak
EPA Contract Officer: William R. Topping

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                                                 OSWER f 9832.4


FIELD INVESTIGATION TEAM (FIT) CONTRACT

SCOPE;

The Field Investigation Team (FIT) Contracts establish
an investigation team in each EPA Region, comprised of multi-
disciplinary professional and para-professional personnel who
are capable of providing a breadth of technical activities.
Specifically, the FIT contracts constitute the primary
capability of EPA for investigating hazardous waste sites.
Current FIT operations are part of the REM/FIT 2one Contracts.

OPERATIONS;

Tasks conducted by the FIT contracts are initiated in the
Regions by designated Regional Project Officers (RPO's) using
a work order process called Technical Directive Documents
(TDDs). Major functions include the following:

     0 Preliminary Assessments and Site Inspections (PA/SI)
       to determine the hazard potential at waste sites.

     0 Conduct Hazard Ranking System Scoring for sites considered
       for inclusion on the National Priorities List (NPL).

     0 General enforcement support for case development,
       particularly field oriented technical activities  (e.g.,
       sampling).

     0 Remedial Investigations (RI) for enforcement lead  sites.

     • Hydrological, geophysical and general field investigatory
       work which may be part of or separate from any of  the
       above activities.

     * Provides subcontracting support for activ .ties such as
       well drilling, obtaining specialized technical expertise,
       and related support services.

     0 Dioxin strategy implementation support.

     0 Provide technical experts for compliance monitoring and
       oversight functions.

     * Help to develop technical manuals, policies and  standard
       operating procedures.

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                                                OSWER i 9832.4



FIT Contract;

Original Contractor: Ecology and Environment, Inc. (E&E)

Contract No.: 68-01-6056

Dates of Contract: February 1980 to December 1982

EPA Project Officer: Scott Fredericks

Current Contractors;

REM/FIT Zone I (Regions I - IV);

Contractor: NUS Corporation

Contract No.: 68-01-6699

Date of Contract: October 1, 1982 to September 30, 1986

EPA Deputy Project Officer: Scott Fredericks

EPA Contract Officer: Ronald L. Kovach

REM/FIT Zone II (Regions V - X);

Contractor: C^MHill (Ecology and Environment is  FIT  subcontractor)


Contract No.: 68-01-6692

Dates of Contract: October 1, 1982 to September 30,  1986
                                  Tx^A^vtc- t-i,
EPA Deputy Project Officer: Scott Parrioh

EPA Contract Officer: Dorothy Tyler

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                                                 OSWER f 9832.4
CONTRACT LABORATORY PROGRAM (CLP)
™"^««»^^M^M_^^^__                  ^

SCOPE;

The Contract Laboratory Program (CLP) was established
to provide laboratory sample analyses for the Superfund program.
The,CLP can provide routine and special analytical services for
inorganic, organic and dioxin samples.  The CLP  is managed
by VIAR, Inc.  Approximately 40 different laboratories are
used under the CLP.  Each of the laboratories used under the
program will have one or more contracts with the Agency.
Site samples are taken by the Regional offices and tagged
with a sample number.  The Sample Managment Office (SMO),
which is managed by VIAR, will tell  the Region which laboratory
the samples should be sent to. The individual laboratories
do not know what sites the samples have been taken from.
VIAR tracks all sample numbers and invoices.

Sample Management Office  (SMO) Contract;

Contractor:  VIAR and Company

Contract No.: 68-01-6702

Dates of Contract: October 1, 1982 to September  30, 1985

EPA Project Officer: Stan Kovell

EPA Contract Officer: Marian Bernd

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                                                 C6WER f 9832.4


TECHNICAL ENFORCMENT SUPPORT CONTRACT (TES I & II) .

SCOPE;

The Technical Enforcement Support (TES)  Contract was
awarded in Juns 1983 to support enforcement actions under
CERCLA. The TES contract can provide the following services:

          Responsible Party Searches
          Title Searches
          Financial Asessments of Responsible Parties
          Records Compilation
          Health/Endangerment Assesments
          Technical Review of Documents
          Expert Witnesses

The TES contract is tasked through work assignments
which are generally site-specific.

TES I

Contractor: GCA Corp.

Contract No.: 68-01-6769

Dates of Contract: June 10, 1983 to June 9, 1986

EPA Project Officer: Elwood Martin

EPA Contract Officer: Marian Bernd

TES II

Contractor: Planning Research Corp. (PRO

Contract No.: 68-01-7037

Dates of Contract: September 1984 to September  1986

EPA Project Officer: Elwood Martin

EPA Contract Officer: Marian Bernd

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                                                     f 9832.4


ENVIRONMENTAL EMERGENCY RESPONSE UNIT (EERU)  CONTRACT

SCOPE: EERU is divided into two groups: Operations and  Research

OPERATIONS;

Through the Environmental Response Team (ERT), EERU provides
technical support and assistance to On-Scene  Coordinators and
other emergency response personnel on environmental issues
dealing with the cleanup of emergency spills  and uncontrolled
hazardous waste sites.  Site support services of the contract
include such activities as sampling, use of specialized
monitoring equipment, conducting extent-of-contamination
surveys and procurement of specialized subcontractors for
well drilling, analytical support, etc.  Other services
include the conduct of training exercises including demonstrations
of equipment and "hands on" training under simulated but
realistic field conditions.

RESEARCH;

Through the Oil and Hazardous Material Spills Branch (OHMSB),
EERU provides shakedowns and field demonstrations of prototype
equipment during spills and at cleanups of uncontrolled
hazardous waste sites.  Evaluation and improvement of government
owned or commercially available cleanup devices and systems
is the primary objective of this side of the contract.

Original Contractor: Mason & Hanger-Silas Mason Co., Inc.

Contract No.: 68-03-2647

Dates of Contract: January 23, 1978 to June 28, 1981

EPA Project Officer: J. Stephen Dorrler (ERT) and Ira Wilder (R&D)


Current Contractor: IT Corporation

Contract No.: 68-03-3069

Dates of Contract: June 29, 1981 to June 28,  1985

EPA Project Officers: J. Stephen Dorrler (ERT)  and  Ira Wilder  (R&D)

EPA Contract Officer:

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                                                OSWER ft 9832.4
ENVIRONMENTAL RESPONSE TEAM (ERT)
                                                   *
The Environmental Response Team is located at the  EPA facility
in Edison, New Jersey, and also retains a three-member staff
at EPA's A. W. Breidenbach Environmental Research  Center in
Cincinnati, Ohio.

The ERT's major functions are to:

     * Maintain an around-the-clock activation system.

     * Upon request, dispatch Team members to environmental
       emergencies to assist Regional and program  offices.

     0 Provide critical consultation in water and  air quality
       criteria, toxicology, interpretation and evaluation of
       analytical data, and engineering and scientific studies.
     o
       Develop and conduct site-specific safety programs
     * Provide specialized equipment to meet specific requirements
       such as monitoring, analytical support, waste treatment,
       containment and control.

     0 Provide technical experts for a Public Affairs Assistance
       Team (PAAT).

     e Supervise the work of contractors.

     0 Help to develop training manuals, policies, and standard
       operating procedures.

     0 Assist the Office of Research and Development in developing
       new technology for use at environmental emergencies and
       uncontrolled hazardous waste sites.

     0 Train Federal, State and local government officials
       and industry representatives in the latest technology
       for environmental emergencies at hazardous waste sites.

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                                                OSWER f 9832.4


ENVIRONMENTAL MONITORING AND SYSTEMS LABORATORY CONTRACT

     SCOPE: The Environmental Monitoring and Systems Laboratory
(EHSL) manages a contract which provides upon request aerial
photography, photographic interpretation and topographic mapping
of hazardous waste sites.  Requests are generally site specific
and may be from the regional offices or headquarters.

Zone I (Regions I - IV)

Contractor; Bionetics

Contract No.:

Dates of Contract:

EPA Project Officer: Tom Osberg

EPA Contract Officer:  Pong Lem


Zone II (Regions V - X)

Contractor: Lockheed Inc. (LEMSCO)

Contract No. 68-03-3049

EPA Project Officer: Clay Lake

EPA Contract Officer:  Pong Len

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                                                     f 9832.4
NATIONAL ENFOCREMENT INVESTIGATIONS CENTER (NEIC) CONTRACT
                                                   •
     SCOPE: The National Enforcement Investigations Center (NEIC)
provides various types ofenforcement support activities for
CERCLA cases.  Activities include site investigations, sample
collection, sample screening for hazardous characteristics
and sample preparation for analyses and compositional lab
analysis. Sample screening and preparation is done under
contract with Fred C. Hart (this contract is oart of the
National Contract Lab Program).  NEIC also provides for
security of sensitive samples for enforcement purposes and
chain of custody procedures.  NEIC provides evidence audits
through the Contract Evidence Audit Team (CEAT).  The current
CEAT contractor is Tech Law, Inc.  Evidence audits provide
inventories of case documents and preparation of documents for
use as evidence.  Evidence audits also provide sample profiles
and summaries of analytical data.


Contract Evidence Audit Team

Original Contractor: INTERA

Contract No.: 68-01-6215

Dates of Contract: September 1980 to September 1983

EPA Project Officer: Rob Laidlaw

EPA Contract Officer: Pat Murphy


Current Contractor: TECH LAW, Inc.

Contract No. 68-01-6838

Dates of Contract: October 1983 to

EPA Project Officer: Rob Laidlaw

EPA Contract Officer: Pat Murphy

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                                  OSWER f 9832.4
        APPENDIX  D




COST RECOVERY  CHECKLIST

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                                                      ft QQtf A
COST RECOVERY DOCUMENTATION CHECKLIST
1. SITE NAME: _ CITY/COUNTY      _ STATE_

   SITE ACCOUNT NUMBER: _ NPL _ YES _ NO

   (OTHER NAMES USED FOR THIS SITE: _ _ __ )

2. STATUS: CHECK ONE:

    __  TRIAL DATE (DATE:  _____ )
           IN DISCOVERY (DEADLINE:	)
           FILED
           REFERRED TO DOJ
           REFERRED TO HEADQUARTERS
           IN PREPARATION IN REGION
           STATUTE OF LIMITATIONS
           PROJECTED/ON GOING NEGOTIATIONS
           DEMAND LETTER TO BE SENT

3. NAME AND TELEPHONE NUMBER OF OSC/REGIONAL CONTACT:
4. NAME AND TELEPHONE NUMBER OF REGIONAL COUNSEL CONTACT:



5.WHICH,'IF ANY, OF THE FOLLOWING FIT CONTRACTORS WERE USED?

  E&E (CONTRACT No. 68-01-6056) 	  DATES OF WORK	

  NUS (CONTRACT No. 68-OL-6699  	  DATES OF WORK	
  E&E (FIT SUBCONTRACTOR TO CH2MHILL, CONTRACT No. 68-01-6692) 	
                            (ZONE II)
  DATES OF WORK	

6. WHICH IF ANY OF THE FOLLOWING TAT CONTRACTORS WERE USED?

   B&E (CONTRACT Ko. 68-01-5158)	 DATES OF WORK	_

   ROY F. WESTON (CONTRACT No. 68-01-6669)    '

   DATES OF WORK 	

7. WAS WORK DONE THROUGH THE CONTRACT LAB PROGRAM  (VIAR)? 	 YES 	 NO

   IP YES, PLEASE PROVIDE ANY SPECIAL ANALYTICAL SERVICES (SAS) CASE

   NUMBERS:	__	

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 COST RECOVERY DOCUMENTATION CHECKLIST, PAGE 2   QSWER # 9832.4

    WAS LAB WORK OTHER THAN THROUGH VIAR USED?  	 YES  	 NO

    IF YES, PLEASE GIVE LAB NAME AND CONTRACT NUMBER:
 8. WHICH IF ANY OF THE FOLLOWING REM CONTRACTORS WERE USED?
    (DESCRIBE TASKS WITH THE FOLLOWING: RAMP, IRM, RI/FS, DESIGN
     CONSTRUCTION, COMMUNITY RELATIONS, ENFORCEMENT, OR OTHER)

    BLACK & VEATCH (CONTRACT No. 68-03-1614)	

     DATES OF WORK                   TASK
    CAMP DRESSER & MCKEE  (CDM)  (CONTRACT No. 68-03-1612)

     DATES OF WORK                    TASK
    ROY F. WESTON  (CONTRACT No. 68-03-1613)

     DATES OF WORK                    TASK
    NUS (ZONE I, CONTRACT No.  68-01-6699)
     DATES OF WORK	                 TASK
    CH2MHILL (ZONE II, CONTRACT No. 68-01-6692)

     DATES OF WORK                     TASK
    CAMP DRESSER MCKEE  (REM  II CONTRACT No.  68-01-6939 )_

    DATES OF WORK                       TASK
 9. PLEASE PROVIDE THE FOLLOWING  INFOPMATION  ABOUT CONTRACTORS
    LET BY AN OSC OR EMERGENCY REMOVAL  CLEANUP  (ERCS)  CONTRACT:

    CONTRACTOR:
    CONTRACT NO. 	 DELIVERY  ORDER  No..

    DATES OF WO'RK:
10. WERE ANY OVERFLIGHTS DONE? 	 YES   	NO

    DATES OF OVERFLIGHTS:	

11. WAS ANY WORK DONE BY NEIC?  	 YES   	 NO

    DATES OF WORK               TASK

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  COST RECOVERY DOCUMENTATION CHECKLIST, PAGE  3
                                                  OSWER t 9832.4

    WAS AN EVIDENCE AUDIT OR OTHER WORK DONE THROUGH NEIC CONTRACT
    WITH TECH LAW (INTERA)?      YES      NO DATES OF WORK 	
12. WAS WORK DONE BY THE EERU CONTRACT WITH IT CORP? 	YES 	 NO
    (CONTRACT NO. 68-03-3069)

    DATES OF WORK:
    WAS WORK DONE BY EMERGENCY RESPONSE TEAM  (EDISON LAB) 	YES 	NO

    DATES OF WORK:	

13. WAS ANY' WORK. DONE UNDER THE TES I CONTRACT? 	 YES  	NO
    CONTRACT No. 68-01-6769 (PRIME CONTRACTOR: GCA)

    DATES OF WORK:                 TASKS PERFORMED:
    WAS ANY WORK DONE UNDER THE TFS II CONTRACT?  	  YES 	 NO
    CONTRACT No. 68-01-7037 (PRIME CONTRACTOR: PRO

    DATES OF WORK:                  TASKS PERFORMED:	
14. WAS ANY WORK DONE UNDER THE LIFE SYSTEMS CONTRACT? 	 YES 	 NO
    CONTRACT No. 68-03-3136

    DATES OF WORK
    ANY OTHER CONTRACTOR USED: NAME:
    CONTRACT NO.                      DATES OF WORK:
15. PLEASE PROVIDE THE FOLLOWING INFORMATION ABOUT OTHER  TDERAL
    AGENCIES THAT WORKED ON THE SITE:

 AGENCY	IAG »    DATES OF WORK   CONTACT PERSON/TELEPHONE

 HHS     m	

 COE     	•

 OSCG    	.

 FEMA	

 DOJ	

 DOI

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COST RECOVERY  DOCUMENTATION CHECKLIST,  PAGE 4    OSWER # 9832.4
NOAA

USGS
•BRIEF  DESCRIPTION  OF WORK:
 16. WAS  THERE  A STATE COOPERATIVE AGREEMENT OR CONTRACT? 	 YES 	 NO

    STATE:	  COOPERATIVE AGREEMENT f	

                       CONTRACT NO.	

 17. WERE ANY OTHER CONTRACTORS (e.g.,  R&D CONTRACTS)  USED?
    IF SO,  PLEASE  PROVIDE THE FOLLOWING:

    CONTRACTOR:	

    CONTRACT No.
    DATES  OF  WORK:
    BRIEF  DESCRIPTION OF WORK:
18. WERE ANY  REGIONAL COUNSEL APPROPRIATIONS FOR LEGAL EXPENSES
    USED?  	 YES   	NO

19. PLEASE LIST THE REGIONAL OFFICES WHICH HAVE BEEN INVOLVED IN
    THE CASE:
20. ANY OTHER  PERTINENT INFORMATION NOT PROVIDED ABOVE:

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                                 OSWER f 9832.4




       APPENDIX E




SAMPLE CASE  COST SUMMARY

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                                                          OSWER f 9832.4
NARRATIVE SUMMARY/STATEMENT OF FACTS — COSTS FOR

1.   The United States Environmental Protection Agency has incurred costs of
 .  . at least 3188,424.64 for Headquarters and Regional payroll.

2.   The United States Environmental Protection Agency has incurred costs of
     at least 551,890.44 for Headquarters and Regional travel.

3.   The United States Environmental Protection Agency has incurred costs of
     at least 5109,953.36 for remedial contract expenditures.  This total
     represents the anount spent under the

4.   The United States Environmental Protection Agency has incurred costs of
     at least 515,131.26 for renedial contract exoenditur**;.  This total
     represents the anount spend under the

5.   The United States Environmental Protection Agency has incurred costs of
     at least $420,794.22 for renedial contract expenditures.  This total
     represents tne a-x>unt spent under the


6.   The United States Environmental Protection Agency has incurred costs of
     at least 5212,813.16 for field investigation tean contract expenditures.
     This total represents the amount spent under the
7.   The United States Environmental Protection Agency has incurred costs of
     at least 547,560.11 for technical assistance team contract expenditures.
     This total represents the amount spent under the Ecology and Environment
     contract.

8.   The United States Environmental Protection Agency has incurred costs of
     at least 511,938.51 for On-Site Coordinator (OSC) Let contract costs.
     The emeroencv resoonse action has performed under contract by


9.   The United States Environmental Protection Agency has incurred costs of
     at least $10,980.00 for aerial photograph and analysis support.  This
     total represents the amount spent under the EKSL contract.

10.  The United States Environmental Protection Agency has incurred costs of
     at least 5996,546.98 for Interagency Agreements  (IAG) with the Department
     of Justice and the U.S. Coast Guard.

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                                     "2-

                                                          OSWER $ 9832 4
11.  The United States Environmental Protection Agency has  incurred costs of
  _  at least $190,661.62 for investigative contract costs  under contract
     by the National Enforcement Investigative Center (NEIC)..

12.  The United States Environmental Protection Agency has  incurred costs of
 _  .at least $10,438.00 for expert witness support under contract with the


13.  The United States Environmental Protection Agency has  incurred costs of
     at least $342,552.41 for National Lab contract expenditures. This total
     represents the costs of generating laboratory analysis of  samples collected.

14.  The United Si.ates Envirornental Protection Agency has  incurred costs of
     at least $196,113.00 for miscellaneous contract costs  under contract
     by

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                                                           OSWER | 9832.4

                                                         COST SUMMARY

                                                             •

EPA. EXPENDITURES

EPA PAYROLL  ------------------  188,424.64

EPA TRAVEL  -------------------------   51,890.44

REM CONTRACT —                          ---  106,171.67

REM CONTRACT —                              ----    1,081.15

REM CONTRACT —                              -    2,700.54

REM CDNTRACT —                        --   15,131.26

REM/FIT CONTRACT -                       -  420,794.22

FIT CDNTRACT —                        ------ '• -  212,813.16

TAT CONTRACT —                       -------- : -   47,560.11

OSC LET CDNTRACT                   ----------   11,938.51

OVERFLIGHTS — EMSL  ----------------- : --   10,980.00

INTERAGENCY AGREEMENTS' —
 Department of Justice --------------------  110,046.98
 U.S. Coast Guard -----------------  886,500.00

NEIC CDNTRACT  --------------------  190,661.62

                   -------------------   10,438.00
NATICKAL LAB CDNTRACT -------------  342,552.41

                  ------------- — -------  196,153.00
TOTAL EPA EXPENDITURES                              S  2,805,837.71

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                                                            OSWER 9832.4

                                                        COST SUMMARY
EPA PAYROLL

BiPtD?EE NAME — HEADQUARTERS
Barclay, Michael
Burack, Mitchell
Barnes, Wanda
Cibulski, Robert
Clerens, Rob
Conti, Susan
Delvin, Dennis, J.
Dick, Mary D.
Elkus, Barbara
Garrahan, Kevin
Gilbert, John M.
Grundler, Christopher
Farnsworth, Douglas
Keplinger, Helen
Klaas, Julie A.
Kosakowski, Michael
Lafornara, Joseph
Livolsi, Joseph
Mittelman, Abraham
Murphy, Jack
Schwartz, Jerry
VJneeler, John
Wright, John       .
    NUMBER
   OF HOURS

    63.0
1,017.25
     3.0
    25.0
    22.0
     1.0
   441.0
     5.0
     3.0
   609.0
     8.0
   130.0
     3.0
     2.0
     3.0
     8.0
     8.0
    30.0
    12.0
   198.0
    20.5
    51.0
     4.5
                   AMOUNT

                   1,149.12
                  16,030.27
                      22.79
                     474.71
                     440.22
                      10.39
                   6,163.34
                      91.20
                      63.78
                  11,590.60
                     199.65
                   1,987.18
                      70.47
                      31.76
                      41.18
                     193.05
                     206.89
                     205.80
                     262.95
                   3,881.17
                     390.74
                     815.41
                      61.14
   TOTAL EPA HEADQUARTERS PAYROLL

DOCUMEOTATIONi  FMD SPUR Report, dated June 9, 1984
                Copies of Applicable Timecards
                  $44,383.81
EMPLOYEE NAME — REGION

Adams, Janes
Allison, Birdie
Ashkanazy, Patricia
Banaszek, Kenneth
Bartelt, Richard
Bolger, Kevin
Carter, Barbara
 43.0
  5.0
 14.0
 18.0
 17.0
119.5
  3.0
                      964.08
                       41.08
                      118.51
                      267.28
                      416.95
                    1,732.09
                       26.52

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                                                             OSWER # 9832.4

EPA PAYROLL

EMPLOYEF NAME — REGION               NUMBER
                                      OF  HOURS           AMOUNT .

Castle, Charles                        1.0                19.71
Constaatelos, Basil                    8.0              231.53
Dikinis, Jonas                        33.0              570.52
Elam, Michael                          2.0                30.55
Elly, Charles                         31.0              729.94
Field, Roger                          30.5              683.01
Flynne, Yvonne                       135.0             2,477.02
Frye, Gilbert                 •        90.0             1,777.22
Cade, Mary                           134.5             2,806.8?
Gardner, Caryn                        37.0              314.22
Grimes, Roger                         23.5              488.45
Hall, Robert                           7.0               125.32
Hsia, Rei                             15.0               234.36
Jirka, Andrea                         41.2               746.97
Jones, Wanda                           4.0                32.27
Joseph, Chacko                        145.0             2,496;53
Kim, Sukwha                           134.0             2,726.04
Kim, Thonas                           78.0               984.70
King, Ernest                          80.0             1,414.78
Knoy, Janes                           68.0               942.41
Kucharz, Carolyn                     17.0               200.67
Kuehl, Marcia                          6.0                96.35
Kulna, Gregory                         8.0               123.76
Rush, Beverly                       2,899.0             50,592.31
Kyte, Lawrence                      2,181.0             39,718.02
Langer,  Mary                          1.0                11.41
May, Dorothy                          5.5                67.42
Morgan,  Dorothy                       30.0                199.63
Morris,  John                          37.0                669.38
Parikh,  Pankaj                         99.6              1,141.07
Paruchuri, Baixi                       36.0                567.57
Phillips,  Marsha                      60.0                660.49
Radcliffe, Michelle                  747.8              5,204.35
Randall, Sheila                       19.7                151.02
Regan, Gerald                          1.0                 25.06
 Rekar, Pare la                        640.2             10,902.58
Ross,  Curtis                           1.0                 28.70
 Rutter, Anthony                       27.0                472.07
 Sargent, William                      17.3                125.57
 Schaefer, Robert                      25.5               782.59
 Schmidt, Larry                       182.0             2,566.00
 Schulteis, Jane                          .5                 9.59
 Sedvick, Helen                       247.5             2,060.80
 Street, Kerry                         42.0               646.60

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                                                             OSWER # 9832.4
EPA PAYROLL

EMPLOYEE KAME — REGION               WMBER
                                      OF HOURS          AMOUNT*

ThaXkar, Jayinthal                    73.0              1,066.81
TysoTwMary                           27.0                 472.07
Ullrich, David                        10.2                 312.91
Vanderlaan, Gregory                   47.0                 917.59
Vteslowski, Dennis                     18.0                 250.02
Witcher, Stephanie                     4.0                  34.93
Womack, Belinda                       52.0                 331.24
Wong, Gene                             8.0                  94.66
Young, Marvin                          7.0                 138.64
  TOTAL REGIONAL PAYROLL               t               5144,040.83

DOCUMENTATION:  EPA Region V Personnel Cost Surmary as of August 18,  1984



TOTAL ETA PAYROLL (HEADQUARTERS AND REGION)           $188,424.64

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                                                                   OSWER ft 9832.4
                                                         CDST SUMMARY
EPA TRAVEL

JXPLOYEE NAME — HEADQUARTERS
Barclay* Michael
Biros, Francis, J,
Burack, Mitchell
Cibulski, Robert

Grundler, Christopher



Devlin, Dennis J.



Garrahan, Kevin
Luccro, Gene

Murphy, Jack
TRAVEL
NUMBER

•970381
970391

838151
911448
747780

974948
974935
974925
575312
764972
754295
993411

839112

9656B4
969061
961987

827895
778420
730521

829636
829637
830288
911401
838332
911443
970316
829653

829626

983121
983119
830226
VOUCHER
AMOUNT

296.21
294.20

445.95
543.95
511.60

373.71
208.00
 44.00
675.67
363.50
545.09
320.85

282.45

489.05
289.69
350.94

291.75
322.68
274.38

410.69
407.55
222.25
559.-3
215.45
461.69
213.00
398.50

689.50

281.93
298.74
251.91
TREASURY NUMBER
    AND DATE
93709
73759
93796
93212
93275
93892
93728
93507
93086
93386
93087
64548
06262
64361
64363
64666
92648
92387
92303
93247
93247
93359
93125
93449
93167
93502
93253
93126
93694
93698
93482
6/7/83
6/20/83
6/29/83
12/14/82
1/4/83
7/29/83
. 6/10/83
4/4/83
11/3/82
2/25/83
11/4/82
1/10/84
4/27/83
11/25/83
12/6/83
4/5/82
8/25/82
5/7/82
4/8/82
12/21/82
12/21/82
2/2/83
11/19/82
3/16/83
12/16/62
4/S/83
12/23/82
11/22/82
6/2/83
6/6/83
3/28/83

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                                                                  OSWER # 9832.4
EPA TRAVEL

EMPLOYEE NAME — HEADQUARTERS


Schwartz, Jerry

WoftU, Deborah


 TOTAL EPA HEADQUARTERS TRAVEL
TRAVEL
MttBER
97219?
754314
TOUCHER
AMOUNT
315.25
294.50
TREASURY NUMBER
AND DATE
64618 3/7/84
93219 12/16/82
511,944.33
DOCUMENTATION:  FMD SPUR Report, dated June 30, 1984
                Copies of Applicable Paid Travel Vouchers and Treasury Schedules
EMPLOYEE NAME — REGION
Adans, Janes
Bartelt, Richard
Carlson, Marcia
Castle, Charles
Constantelos , Basil
Dikinis, Jonas
Elan, Michael
Field, Roger
:~ade, Mary
Hartian, Robert
43344
23269
41084
41118
. 41192
30539
20294
20718
23077
22472
30524
30947
33299
23488
42161
32518
33907
40089
30294
30345
30538
33271
42299
325.90
125.25
127.51
317.00
411.75
440.77
307.65
235.00
88.70
180.00
219.26
304.40
152.63
137.00
.13.81
206.00
268.75
293.30
249.54
206.28
245.25
178.87
286.38

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                                     -3-
                              OSWER * 9832.4
EPA TSAVEX

EMPLOYEE NAME — REGION


Knoy, .James


Rush, Beverly
TRAVEL
NUMBER

41559
42098

22571
23171
23214
23348
23401
23493
23554
23653
•30309
30573
30639
30818
30973
31024
31051
31194
31462
31548
31626
31709
31851
31985
32112
32262
32521
32631
32702
32730
32993
31597
33109
33200
33230
33451
33658
33678
33851
33890
34001
34054
 34200
 34226
 34323
U3JCHER
AMOUOT

270.07
119.76

304.60
168.90
242.90
149.40
403.63
174.40
421.92
284.80
175.50
160.70
309.29
266.10
182.92
210.44
  54.23
273.00
149.62
193.30
230.50
200.10
215.31
375.15
254.30
840.08
303.91
290.45
264.90
275.36
333.55
184.00
337.25
181.50
214.00
389.92
327.72
 387.25
184.80
 384.05
 383.53
 321.38
 195.75
 275.23
 393.50

-------
                                     -4-
                                                                   OSWER # 9832.4
EMPLOYEE NAME — ESGION
VOUCHER
VOUCHER
AMOUNT
Rush, Beverly
 Kyte,  Lawrence
34418
34505
34597
40100
40162
40239
40352
40538
40651
40707
40928
41014
41015
41066
41218
41261
41408
41524
41681
42246
42270
42453
42755
42938
 44014
 44461
 44835

 12376
 20236
 20427
 20927
 22071
 22578
 22741
 22990
 23055
 23229
 23303
 23308
 23526
 23546
 23680
 23830
 23858
 30053
 30347
390.97
395.93
182.10
445.54
350.38
522.49
350.34
279.15
227.00
353.98
361.43
  50.16
291.98
222.29
362.05
353.52
292.61
292.93
273.73
 241.48
 239.99
 371.98
 270.68
 240.38
 143.98
 195.70
 155.72

 207.30
 141.75
 215.95
 262.39
 196.00
 349.65
 329.00
 117.96
 212.10
 232.40
 323.43
  167.50
  349.88
  523.68
  604.81
  247.32
  468.25
  705.38
  156.15

-------
                                     -5-
                                                                  OSWER # 9832.4
EMPLOYEE NAME — REGION

Kyte, Lawrence


- •










Ostrodka, Steve
Payne, David
Radcliffe, Michelle
Rekar, Pamela

*




Schaefer, Robert
Sedwick, Helen

Vanderlaan, Gregory






•
TOTAL EPA REGIONAL TRAVEL
DOCUMENTATION: Regional Travel
VCUCHEP
NUMBER
30551
30637
30760
30806
30966
32511
33908
34569
40087
42527
- 42953
43675
44412
44876
44015
44438
23433
22073
22740
23246
23307
23525
30636
30838
22574
23247
23430
22475
22749
23215
30308
30525
32150
34558
42756

Sunmary as of
VOUCHER
W10UNT
177.88
216.70
304.16
224.35
216.75
190.84
215.30
251.38
278.40
347.09
.314.51
89.53
304.47
21.38
132.00
369.30
336.84
208.30
308.62
354.21
155.75
286.10
184.30
185.90
194.06
336.74
194.50
152.85
335.10
258.50
181.50
248.21
223.96
402.90
269.50
$39,946.11
August 6, 1984
TOTAL EPA TRAVEL
$51,890.44

-------
                                                                 OSWER # 9832.4

                                                  COST SUKMARY
REM CONTRACT
 •  •  	
CONTRACTOR:

CONTRACT NO:

PROJECT OFFICER:  Nancy Willis

DATES OF WORK:  July 1983 - April 1984

SUMMARY OF WORK:  Remedial Enforcement Support; Renedial Investigation/
                  Feasibility Study

TOTAL CONTRACTOR COST:  $106,171.67

DOCUMENTATION:  FMD SPUR Report Dated June 3,0, 1984;
                Copies of Applicable Paid Invoices and Treasury
                Schedules
Voucher
Nunber
11
12
13
14"
15
16
17
18
19
Voucher
fnount
CV.Cf£12.93
$632,019.55
$810,491.19
$959,748.51
$736,708.51
$2,267,864.09
$2,675,862.08
$2,562,929.21
$2,748,326.71
Voucher
Date
9/9/83
10/12/83
11/14/83
12/15/83
1/13/84
2/14/84
3/13/84
4/12/84
5/14/84
Treasury Schedule
Nun!->er and Date
7014 -
7055 -
7096 -
7170 -
7180 -
7228 -
7266 -
7318 -
7373 -
10/14/83
11/14/83
12/9/93
2/3/84
2/16/84
3/16/84
4/10/84
5/8/84
6/12/84

-------
                                                                  OSWER *  9832.4
                                                      COST
REK CONTRACT
CONTRACT NUMBER:

PROJECT OFFICER:  Nancy Willis

CATES OF WORK:  July 1983 - April 1984

SUhMARY OF WORK:  Comunity Relations Plan

TOTAL CONTRACTOR CDST:  51,081.15

DOCUMENTATION:  Copies of Paid Invoices and Treasury Schedules
Voucher          Voucher          Voucher       Treasury Schedule
Number	Amount	Date	Number and Date

  19           52,748,326.71      5/14/84       7373-6/12/84

-------
                                                          ODST SUf
                                                                       # 9832.4
KM CONTRACT

CONTRACTOR:

CONTRACT JJO:

PROJECT OFFICERj  Nancy Willis

DATES OF WORK:  January 1983 - September 1983

SWIAKf OF WORK:  Reredial Action Master Plan (RAM?)

TOTAL CONTRACTOR COST:  $2,700.54

DOCUMENTATION':  Copies of Applicable Paid Invoices and Treasury
                Schedules
Voucher
Nunber
5
6
7
8
9
10-5
11-5
12-5
Voucher
Amount
51,390,834.00
$1,400,297.64
$514,696.70
$536,483.25
$595,664.64
$779,789.39
$740,612.93
$632,0.l.y.55
Voucher
Date
3/15/83
4/15/63
5/17/83
6/15/83
7/13/83
8/9/83
9/9/E3
10/12/83 .
Treasury Schedule
Nunber and Date
7427
7495
7529
7571
7623
7696
7014
7055
- 4/13/83
- 5/18/83
- 6/14/83
- 7/19/83
- 8/10/83
- 9/21/83
- 10/14/83
- 11/14/83

-------
                                                                  OSWER f  9832.4
                                                    COST SUMMARY
REM CONTRACT



CONTRACTOR:



CONTRACT NO:



DATES OP WORK:  August 82 - June 83



SUMMARY OF WORK:  Renedial Action Master Plans (RAMPs)



TOTAL CONTRACTOR CDST:                .              $15,131.26
INVOICE
NUMBER
14
15
16
17
18
19
20
21
22
23
24
25
INVOICE
AMOUNT
155,012.29
132,742.75
227,133.43
179,183.70
209,948.96
61,990.76
47,932.58
27,299.91
9,603.64
9,866.31
52,814.88
716.66
INVOICE
TATE
9/9/82
10/4/82
11/8/82
12/6/82
1/17/83
2/4/83
3/7/83
4/8/83
5/10/83
6/7/83
7/18/83
8/8/83
TREASURY
NUMBER
27193
27400
27593
27884
271228
01357
01462
01657
01709
227562
07652
07689
TREASURY
DATE
10/29/82
11/30/82
12/17/82
1/19/83
2/28/83
4/1/83
4/21/83
6/6/83
6/20/83
7/19/83
8/26/83
9/16/83
DOCUMENTATION:  Copies of Applicable Paid Vouchers and Treasury Schedules

-------
                                                                OSWER # 9832.4

                                                    COST SUMMARY
FIT CONTRACT

CONTRACTOR:

CONTRACT NO:

DATES OF WORK:  January 6, 1983 - August 1, 1983

SUMMARY OF WORK:  Provide assistance and oversight in conjunction with
    and during privately financed clean-up at site.

TOTAL CONTRACTOR COST:                              8420,794.22

DOCUMENTATION:  Contractor Cost Surmary
                Copies of Applicable Paid Invoices and Treasury Schedules

-------
                                                                   OSWER # 9832.4
REX OOKIRACT

VOUCHER NO.

4
5
€  - •

7
7
7
8
8
8
9
9
9
10
10
11
11
VOUCHER DATE

2/15/83
3/15/83
4/15/83
4/15/83
5/6/83
5/17/83
7/7/83
5/12/83
7/27/83
6/15/83
7/13/83
7/13/84
7/13/83
8/9/83
9/9/83
9/9/83
9/9/83
VOUCHER AMOUNT*

1,103,951.00
1,397,056.00
1,400,297.04
  215,325.09
  100,301.00
  514,696.70
  326,921.28
   41,799.08
  301,457.06
  536,483.25
1,896,609.69'
  329,523.15
  595r664.64
  320,452.68
  806,210.55
  510,833.30
  744,198.52
     VOUOiERS

TREASURY NO* AND DATE
7353
7427
7495
7495
7515
7529
7605
7522
7641
7571
7623
7623
7623
7666
7696
7012
7014
3/15/83
4/13/83
5/18/83
5/18/83
6/6/83
6/14/83
8/4/83
6/8/83
8/22/83
7/19/83
8/10/83
8/10/83
8/10/83
9/8/83
9/21/83
1/13/83
10/14/83
*NOTE:  Vouchers are not paid site specific; they are paid lump sun to
individual contractors for work performed during a certain period of time,

-------
                                                    COST SOTtttW
                                                                "   OSWER # 9832.4
FIT CONTRACT

CONTRACTOR:
   •  •
CONTRACT NO:

DATES OF WORK:  May 30, 198D - December 10, 1982

SUTWARX OF WORK:  Provide assistance to Region in obtaining a complete scope
  of work for clean up; perrom work originally scheduled for subcontractor;
  determine ccnplete cost, estimate for clean up; identification of generators
  responsible for and the nature and quantity of chemiccal wastes now at the
  site; organize, collate'and summarize data; give analytical breakdown of
  FIT report on generators utilizing the site; prepare a generator cost
  estimate for removal and disposal of waste at the site; compare records
  which were found at the ite with those furnished by the generators; review
  site files to verify quantities of material shipped by various generators;
  review ground waste study proposals for the site; determine the extent of
  soil contamination and location of buried materials by utilizing geophysical
  and soil boring techniques; assist in preparation of information being
  sent to generators as part of the enforcement action for the site; perform
  winterization of the surface water treatnent system.

TOTAL CONTRACTOR COST:                              $212,813.16

DOCUMENTATION:  Contractor Cost Surmary
                Copies of Applicable Paid Invoices and Treasury Schedules

-------
                                                                  OSWER  * 9832.4
FIT CONTRACT -
VOUCHER NO.

9  m .
10
11
12
13
14
15
16
17
22
21
20
19
18
23
25
27
26
28
30
38
37
36
34
33
32
42
41
40
 39
 44
 43
 46
 45
 49
 48
 47
 51
 SO
 54
 53
 52
VOUCHER DATE

6/11/80
6/24/80
7/8/80
7/22/80
7/22/80
8/6/80
8/20/80
9/5/80
9/18/80
10/28/80
10/21/80
10/21/80
10/14/80
10/3/80
10/18/80
11/26/80
12/22/80
12/9/80
1/5/81
2/2/81
3/30/81
 3/18/81
 3/18/81
 3/2/81
 3/2/81
 3/2/81
 4/27/81
 4/27/81
 4/27/81
 4/7/81
 5/27/81
 5/11/81
 6/22/81
 6/8/81
 7/30/81
 7/20/81
 7/9/81
 8/21/81
 8/5/81
 .9/29/81
 9/16/81
 9/1/81
VOUCHER AMOUNT*

 394,503.00
 348,863.00
 488,487.00
 562,609.00
  87,000.00
 484,609.00
 469,252.00
 502,28 3 .'30
 310,443.00
 473,821.30
  10,620.00
 562,291.00
 342,026.00
 340,403.00
 122,488.00
 391,925.00
 280,322.00
 390,741.00
 "322,216.00
 493,213.00
 524,213.00
  439,330.00
    3,051.00
  151,849.00
  437,891.10
   15,813.0*0
  366,725.00
  454,122.00
  303,773.90
  147,035.00
  395,757.00
  477,270.00
  379,437.00
  467,851.00
  164,308e00
  464,497,00
  438,686.00
  410,397.00
  421,354.00
  364,636.00
  359,953.00
  377,975.00
• VOUCHERS
TREASURY -NO.
7273 •
7287
7299
7316
7316
7336'
7347
7359
7379
7031
7018
7018
7018
7008
7044
7055
7083
7066
7083
7136
7207
7207
7207
7158
7158
7158
7266
7266
7266
7220
7300
7278
7344
7323
7416
7418
7403
7443
7423
7076
7034
7021
AND DATE
6/16/80
6/25/80
7/11/80
7/24/80
7/24/80
8/13/80
8/25/80
9/8/30
9/23/80
11/04/80
10/23/80
10/23/80
10/23/80
10/7/80
11/18/80
12/2/80
1/9/81
12/15/80
1/9/81
2/18/81
4/2/81
4/2/81
4/2/81
3/6/84
3/6/81
3/6/81
5/6/81
5/6/81
5/6/81
4/9/81
6/1/81
5/14/81
7/1/81
6/16/81
8/11/81
8/12/81
8/3/81
8/25/81
8/14/81
11//3/81
10/6/81
10/1/81
  •NOTE:  Vouchers  are not paid site specificjthey are paid lumpsum
  to an individual  contractor for wort performed during that period of tune

-------
                                                                  OSWER # 9832.4
FIT OKISACT -
                                         -2-
                                  ) VCUOiERS ODNTINUED
58
57
56
55
59
60
62
61
65
64
63
67
66
71
70
69
68
75
74
73
72
76
77
80
79
84
81
82
83
85
86
91
90
88
89
94
92
97
95
98
99
10/27/81
10/27/81
10/14/81
10/5/81
11/11/81
11/23/81
12/21/81
12/8/81
1/19/82
1/12/82
1/11/82
2/16/82
2/3/82
3/30/82
3/16/82
3/9/82
3/3/B2
4/27/82
4/15/82
4/13/82
4/6/82
5/12/82
5/26/82
6/22/82
6/18/82
7/21/82
7/7/82
7/7/82
7/7/82
8/4/62
8/19/82
9/28/82
9/24/82
9/1/82
9/16/82
10/26/82
10/1/82
11/23/82
11/9/82
12/7/82
12/21/82
438,294.03
 61,414.45
396,213.00
567,596.00
454,656.00
341,249.00
549,640.00
465,916.00
529,988.00
237,386.00
365,825.00
523,916.00
458,819.00
454',585.00
529,771.00
183,855.00
526,452.00
623,477.00
 71,111.00
566,002.00
148,220.00
509,382.00
444,487.00
586,112.00
 15,602.00
446,201.00
 34,512.00
148,220.00
550,425.00
673,909.00
469,978.00
598,722.00
141,737.00
508,473.00
425,279.00
472,725.00
148,220.00
467,486.00
722,473.00
373,919.00
640,037.00
7076
7076
7076
7076
7131
7182
7204
7182
7262
7254
7325
7290
7290
7457
7338
7336
7320
7445
7426
7414
7387
7467
7515
7553
7553
7624
7586
7586
7586
7651
7682
7051
7051
7700
7042
7139
7051
7212
7188
7222
7250
11/3/81
11/3/81
11/3/81
11/3/81
12/8/81
1/13/82
2/3/82
1/13/82
3/4/82
3/2/82
3/11/82
3/17/82
3/17/82
6/2/82
4/13/82
4/9/82
4/2/82
5/19/82
5/14/82
5/11/82
5/3/82
6/9/82
6/24/82
7/14/82
7/14/82
8/18/82
8/2/82
8/2/82
8/2/82
9/1/82
9/15/82
10/21/82
10/21/82
9/21/82
10/15/82
11/22/82
10/21/82
12/28/82
12/15/82
1/7/83
1/17/83

-------
                                                                   OSWER # 9832.4

                                                         ODST
TAT CONTRACT
   » •
CONTRACTOR:

CONTRACT NO:

DATES OP WORK:  April 1980 to September 1982

SUMMARY OF WORK:  Assist in obtaining liquid samples; identify containers
  by label; maintain logs; identify dangerous materials; evaluate direction
  of ground water flow; sample bulk storage tanks; assist OSC in labeling, .
  packaging and shipping ground water samples; asdsist OSC in resupplying
  carbon filter on site and return equipment to EDO; accompany various
  conpany representatives on site to insure compliance with site safety
  plans; determine type and size of treatment system that will treat
  run off fron site; assist in monitoring the installation of the waste
  water treatment system on site; prepare a complete listing of generators;
  dates wastes were received on site, location of wastes and types of wastes,

TOTAL CONTRACTOR COST:                              $47,560.11

DOCUfCNTATION:  Contractor Cost Sunmary
                Copies of Applicable Paid Invoices and Treasury Schedules

-------
                                                                   10/22/84
                                                                  oswer ft 9832.4
TAT CONTRACT -

VOUCHER NO.

26
25
28-  •
27
29
29
31
33
32
34
35
36
36
37
40
41-
42
43
45
44
46
48
47
49
50
52
53
54
55
56
51
58
57
61
64
63
62
66
65
67
68
€9
71
70
VOUCHER DATE

5/30/BO
5/14/80
6/24/80
6/11/80
6/24/80
7/8/80
7/8/80
8/20/80
8/6/80   ,
8/25/80
9/5/80
9/18/80
10/14/80
10/3/80
10/21/80
10/28/80
11/11/80
11/26/80
12/9/80
12/2/80
12/22/80
1/19/81
1/5/81
2/2/81
2/17/81
3/2/81
3/2/81
3/18/81
3/30/81
3/27/81
3/2/81
4/27/81
4/13/81
5/26/81
6/22/81
6/8/81
6/8/81
7/20/81
7/9/81
8/5/81
8/19/81
8/21/84
9/16/81
9/1/81
                      )  VOUO1ERS

VOJOffiR AMOUNT*   TREASURY NO.  AND BATE
 108,763.00
 159,552.00
 133,815.00
 164,264.00
  36,669.00
 131,115.00
 262,222.00
 132,805.00
 214,630.00
  32,036.00
 117,569.00
 110,278.00
 128,723.00
  99,817.00
  10,936.70
 166,475.00
 166,852.00
 142,456.00
 104,291.00
  66,871.00
 112,166.00
 123,652.00
  98,717.00
 165,630.00
 149,245.00
 171,381.00
  69,964.00
 118,873.00
 150,155.00
    2,454.00
    7,704.00
 116,745.00
 131,541.00
 115,910.00
 124,746.00
 125,268.00
  S2.372.00
 105,331.00
 130,857.00
 132,947.00
  58,903.00
 146,415.00
 141,406.00
 104,401.00
7258
7237
7311
7276
7311
7299
7342
7359.
7359
7359
7359
7379
7031
7021
7045
7045
7045
7063
7060
7072
7082 -
7128
7101
7144
7186
7191
7191
7707
7207
7253
7191
7293
7262
7336
7364
7364
7364
7418
7403
7423
7443
7443
7034
7022
6/4/80
5/15/80
7/21/80
6/18/80
7/21/80
7/11/80
8/21/80
9/8/30
9/8/80
9/8/80
9/8/80
9/23/80
11/04/80
10/24/80
11/18/80
11/18/80
11/18/80
12/12/80
7/12/81
12/24/80
1/13/81
2/81
2/23/81
3/2/81
3/19/81
3/23/81
3/23/81
4/2/81
4/2/81
4/1/81
4/23/81
5/22/81
5/5/81
6/24/81
7/14/81
7/14/84
7/14/81
 8/12/81
 8/3/81
 9/14/81
 9/25/81
 9/25/81
 10/6/81
 10/1/81
 •NOTE:   Vouchers are not paid site specific;  they are paid luwp sum payments
 to an individual contractor for work performed during that period of time.

-------
                                         -2-
                                                                   OSWER # 9832.4
TAT -
                          VOUCHERS CONTINUED
72
74
76 .
73
78
77
81
79
80
82
83
64
85
88
87
86
91
92
90
93
94
 96
 97
 98
 99
 104
9/29/81
10/5/81
10/27/81
10/5/81
11/23/81
11/10/81
12/21/81
12/8/81
12/8/81
1/5/82
1/19/82
2/1/82
2/16/82
3/19/82
3/16/82
3/3/82
4/27/82
4/28/82
4/13/82
5/12/82
5/26/82
6/17/82
6/22/82
7/7/82
7/21/82
 9/24/82
128,963.00        7076
344,422.00        7076
203,384.00        7076
 22,108.00        7076
235,030.00        7182
257,030.00        7131
232,501.00        7204
 60,773.00        7182
254,402.00        7182
169,172.00        7252
277,092.00        7231
289,555.00        7270
344,129.00        7290
 64,230.00        7362
685,342.00        7338
274,258.00        7336
335,501.00        7442
     255.00        7414
354,947.00        7414
283,331.00        7467
249,818.00        7506
200,146.00        7544
318,658.00        7553
271,767.00        7586
 266.,989.00        7610
 203,471.00        7062
11/3/81
11/3/81
11/3/81
11/3/81
1/13/82
2/2/82
2/3/82
1A3/82
1/13/82
2/11/82
2/15/82  •
3/8/82
3/17/82
4/20/82
4/13/82
4/9/82
5/19/82
5/14/82
5/11/82
6/9/82
 6/25/82
 7/12/82
 7/14/82
 8/2/82
 8/13/82
 10/22/82

-------
                                                                  OSWER f 9832.4

                                                    CDST SUMMARY
OSC LET CONTRACT

CONTRACTOR:
  —  •

CONTRACT NO:

DATES OF WORK:  August 1982

SUMMARY OF WORK:  Place aggregate in filter tanks; install back flush
  and inffluent lines, sunp punps; interconnecting pipking, install
  carbon and pea gravel nove tank; fabricate and install under drain,
  place pea gravel.
INVOICE
NUMBER
8252
8252
INVOICE TREASURY NUMBER
AMOUOT AND DATE
$11,999.26 less 5% = $11,399.30 7014
5% returned (final) = 53^.21 7197
10/14/82
2/28/82
TOTAL CONTRACTOR COST:                S11,Q38.51

DOCUMENTATION:  FMD SPUR Report,. dated .lune 30, 19R4
                Copiesd of Applicable Paid Invoices and Treasury Schedules

-------
                                                                     OSWER * 9832.4



                                                    COST SUM1ARY
OVERFLIGHTS



CONTRACTOR:  Bnvirormental Monitoring Syster\s Laboratory



PROJECT NO:  AMD 83039



SUttttK? OF WORK:  Aerial photography and analysis support



TOTAL CONTRACTOR COST:  $10,980.00





COCU^NTATION:  Contractor Cost Summary, dated 4/2/84

-------
                                                                 OSWER ft 9832.4
                                                   ODST SWMARY
INTERAGENCY AGREEMENTS
 • •
AGENCY:   Department of Justice

IA3 NO:  AD15F2A090

SUTWARY OF WORK:
VOUCHED
NUMBER

2R00517
2R00362

3R00103

3R00471
VOUCHER
AMOUNT

$ 241,739.82
 383,571.65

 439,786.81

 102,594.87

 191,586.60
                              n Litigation
DATES OF
SERVICE

1st Qtr. FY 82
2nd Qtr. FY 82

3rd Qtr. FY 82

4th Qtr. FY 82

4th Qtr. FY 82

Oct./Nov. 1982
IAG VOUCHER
  AMOUNT

$  1,861.48
     465.37

  11,066.81

  69,663.70

  10,945.41

  16,044.21
TOTAL IAG COST:
                                         5110,046.98
DOCUMENTATION:  F*O SPUR Report, dated June 30, 1984
                Copies of Applicable Vouchers of Withdrawal

-------
                                             OSWER #.9832.4
              APPENDIX  F




INFORMATION COVERED  BY  THE PRIVACY ACT

-------
                                                    OSWER * 9832.4
             INFORMATION COVERFD BY THE PRIVACY ACT


     The following list identifies those types of personal
information that must be redacted before cost documentation
may be produced durinq discovery or at trial.  It must be noted
that this list is not all-inclusive.  Because of the widely
varying types of invoices, vouchers, forms and other documents
that will be produced, there may be other types of information,
not identified here, that are entitled to be withheld from
disclosure.

          0 Social Security Numbers

          0 Credit card numbers

          0 Type of credit card (as indicated on either the
            card irprint, on the pre-printed form, or hand
            written)

          c Home address

          e Home telephone number

          e All non-business calls  (place and number called,
            time, amount, and bill  total) on personal telephone
            bill

          e Drivers license number

          • Comments'on travel voucher such as "Stayed with
            Relatives"

          0 Annual and sick leave balances

          c Timecard or timesheet consents

          * Coded information on front of timecard

     In addition, as noted in the text, all information relating
to sites other than the one for which the documentation is  to
be produced should be redacted.  This typically  invloves  only
timesheets, timecards and travel vouchers.

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                                              OSWER # 9832.4
              APPENDIX  G




SAMPLE STIPULATION/PROTECTIVE ORDER

-------
                                                    OSWER ft 9832.4
              IN THE UNITED STATES DISTRICT COURT
         FOR THE              DISTRICT OF
UNITES STATES OF AMERICA,

             Plaintiff,
            Defendants
Civil Action No,
                STIPULATION AND PROTECTIVE ORDER

     Plaintiff United States of America and defendants

      	  have hereby stipulated that discovery in this
case will necessarily involve production of confidential

commercial and financial information.  In view of this

stipulation, the Court finds that good cause exists for issuance

of a protective order.  Upon consideration of the joint motion

for such an order filed by these parties, and pursuant to Rule

26(c), Federal Rules of Civil Procedure, IT IS HEREBY ORDERED:

-------
                                                      OSWER # 9832.4



                             - 2 -
                                                  *



      1.   The United States may designate as "confidential


material" all or any part of: (1) its answers to interrogatories;


(ii)  transcripts of depositions of its officers, directors,


employees, agents, and representatives; (iii) documents produced


by  it; and (iv) any other discovery or disclosure made by it in


this  litigation.  The United States of America will make that


designation only after a bona fide determination that the


material contains "confidential information."  As used in this


order, the term "confidential information" means proprietary


technical or commercial information designated es such by a


party producing such information, and constituting trade secrets,


confidential know-how, proprietary information, and the like,


which relates to a product or products or a commercial operation


used or proposed to be used, or which relates to or contains


financial, research or commercial information generated by


said party.


     2.  The designation of confidential material shall be


made  in accordance with Paragraph 3 of this order, shall occur


prior to, or contemporaneously with, the production or disclosure


of that material or information, and shall be binding upon all


parties subject to Paragraph 9 of this Stipulation and Protective


Order.

-------
                                                      OSWER # 9832.4
                             - 3 -

     3.   Any document, any written statement,  and*any transcript,
copy, excerpt, synopsis, summary or note pertaining to any such
document or statement, or to any oral statement, which contains
confidential information shall be stamped conspicuously with
the word "CONFIDENTIAL" prior to production.  A party producing
•CONFIDENTIAL" documents will segregate the documents as to
which confidentiality is claimed, provide a list of said documents,
or otherwise "flag" the documents so that other parties are
notified of the claims.  The designation and transmittal of
confidential material shall be made by letter from the plaintiff
properly indicating that those documents which are confidential
are subject to this Protective Order."
     4.   Any party may object to matter marked "CONFIDENTIAL"
by the United States and may apply to the Court for an order
removing such confidentiality at any time following production
of the document or thing in question, provided, however:  (i)
the party making such application shall comply with  [applicable
local rule, if any] in connection therewith; and  (ii) nothing
in this paragraph shall alter the burden of proof which otherwise
would apply to a determination whether the particular claim of
confidentiality is justified.  Material or information claimed

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                                                     OSWER # 9832.4





                             - 4 -





 to  be confidential that  is subject to a dispute as to whether



 it  is in fact confidential material or information shall,



 until further order of the Court, be treated as confidential



 in  accordance with the provisions of this Stipulation and



 Protective Order.



     5.   Material or information designated confidential under



 this Stipulation and Protective Order shall not be used or



 disclosed by any party for business or competitive purposes, or



 for any purpose whatsoever other than for the preparation for,



 and trial of, this action and any appeal therein.



     6.   Counsel for the party who obtains material or



 information designated confidential under this Stipulation and



 Protective Order from the United States of America, or counsel



 for any other party or any person or entity not a party, shall



 not disclose or permit disclosure of this material or information



 to any other person or entity, including without limitation any



 officer, director, employee, agent, or representative of the



party who obtained disclosure, except in the following



 circumstances:



          a.   Disclosure may be made to employees of counsel



who have a direct functional responsibility for the preparation



and trial of this action or any appeal therein.  Any employee



 to whom disclosure is made shall be advised of, and become

-------
                                                     OSWER ft 9832.4
                             - .5 -
                                                 *
subject to, the provisions of this Stipulation and Protective
Order requiring that the material and information be held in
confidence.  A list of such employees must be furnished to
counsel for the party asserting confidentiality five (5) business
days before disclosure is made.  Counsel for a party includes
in-house counsel.  Employees do not include persons, firms or
corporations engaged by counsel on a contract basis, who shall be
subject to the requirements of Paragraphs 6(b) and 6(c) of this
Stipulation and Protective Order.
          b.   Disclosure may be made to consultants or experts
("Expert(s)") employed by a party or counsel to a party to
assist counsel in the preparation and trial of this litigation.
Prior to disclosure to any Expert, the Expert must agree to be
bound by the terms of this Stipulation and Protective Order by
executing the Confidentiality Agreement annexed hereto  as
Exhibit A ("Agreement"), and he must be identified in writing
to counsel for the party asserting confidentiality not  less
than ten (10) business clays before disclosure is made to the
Expert.  Identification 01 the expert shall include the expert's
name, business address, telephone number and the name(s) of
companies for which he is currently employed and by whom he
nay have been employed for the period of one year prior to his
disclosure.  A copy of each executed Agreement shall be furnished
not less than five (5) business days prior to disclosure to

-------
                                                      OSWER # 9832.4
                             - 6 -
                                                  »
the Expert to counsel for the party claiming confidentiality
under this Stipulation and Protective Order.  If counsel for
the party asserting confidentiality objects to disclosure to
any Expert, then disclosure shall not then be made.  Any dispute
in connection with disclosure of material or information claimed
to be confidential shall be presented to the Court for.
determination.
          c.   In connection with a-ny proceeding in this action,
disclosure may be made to witnessess who are officers, directors,
employee..;, agents, representatives, or Experts to the party who
designated the material or information as confidential.  With
respect to any other person who is a witness or Expert witness,
disclosure shall not be made unless and until that person agrees
to be bound by the terms of this Stipulation and Protective
Order by executing the Agreement described in subparagraoh  (b)
above, and that person is identified in writing to counsel  for
the party asserting confidentiality not less than ten (10)
business days before disclosure is made to the witness or Expert
; ?. ness pri.or to the date set for the proceeding.  Identification
shall include that information outlined in Paragraph 6(b) of
this Stipulation and Protective Order.  If counsel for the
party asserting confidentiality objects to disclosure to any
person who is a witness or Expert witness, then disclosure

-------
                                                     OSWER t 9832.4
                             - 7 -
shall not be made.  Any dispute in connection with disclosure
of material or information claimed to be confidential shall  be
presented -:o the Court for determination.
     7.   Counsel for any party who obtains material or
information designated confidential under this Stipulation and
Protective Order from any other party, counsel to any other
party, or any person or entity not a party shall keep that
material or information within its exclusive possession and
control and shall immediately place the material and information
in a secure and segregated facility.  Except as provided in
Paragraph 6 above, no person shall have access to the foregoing
facility.
          8.   Each party, counsel for each party, and any
person, witness, Expert, or entity not a party to this action
who obtains access to material or information designated
confidential under this Stipulation and Protective Order shall
not make copies, duplicates, extracts, summaries, or descriptions
of the material or information or any portion thereof.
          9.   All depositions of persons with knowledge of cost
documentation and EPA contractor costs in this action shall be
held in the presence only of the deponent, officers of the Court,
Including the reporter, representatives designated by the
Plaintiff, and persons described in Paragraph 6, above*
          10.  To the extent that any answers to  interrogatories,
exhibits, transcripts of depositions, responses to  requests for

-------
                                                      OSWER # 9832.4
                             -  8 -
                                                  •

 admission, or any other papers  filed or  to be filed with the

 Court  reveal, may reveal, tend  to reveal, or may  tend to reveal

 any  information claimed to  be confidential by any other party,

 counsel  to any other party, or  any person or entity not a party,

 such documents shall be filed in sealed  envelopes or other

 appropriate sealed containers on which shall be endorsed the

 caption  of this litigation, an  indication of the  nature of the

 contents of such sealed envelope or other container, the word

 "CONFIDENTIAL", and a statement substantially in  the following

 form:

               "This envelope,  containing documents
               which are filed  in this case by
               	, ("the producing
               party") is not to be opened and
               the contents are not to be displayed
               or revealed  except by -order of the
               Court or consent of the producing
               party."

     In additional, course! for the party asserting confidentiality

 should be so informed no less than ten (10) business days before

 the  date set for trial, motion, or other proceeding.  Upon the

 request c.i the party or counsel for the  party claiming

 confidentiality, the evidence shall be submitted  in camera and

 shall be sealed, and any proceeding involving disclosure of  the

evidence shall be held in camera.

          11.  Nothwithstanding anything to the contrary, the

 plaintiff is free to exhibit material or information designated

 as confidential by that party to any person or entity not

-------
                                                     OSWER # 9832.4


                             - 9 -
                                                 •



subject to the protective procedures set forth in this Stipulation


and Protective Order, and such exhibition shall not result in a


waiver of the claimed confidentiality.


          12.  Upon final termination of this action, whether


by judgment, settlement, or otherwise:


               a.  Counsel of record for each party, person,


and entity who obtained material or information claimed to be


confidential shall assemble and return to the party, person,


and entity or their counsel who disclosed the material or


information and claimed confidentiality therefor, all materials


in his or its possession or subject to his or its control that


reveal, may reveal, tend to reveal, or may tend to reveal


confidential materials or information, except that all such


materials constituting the work product of counsel of record


shall be immediately destroyed; and


               b.  The Clerk of the Court shall maintain  in


perpetuity under seal all papers filed under seal with the


Court, including, without limitation, transcripts of. deposition


answers to interrogatories, responses to requests for admission,


motion papers, memoranda of law, documents, and exhibits  as  to


which material or information a claim of confidentiaity was


made.

-------
                                                    OSWER * 9832.4
                   CONFIDENTIALITY AGREEMENT
     The undersigned  is currently working at
which  is located at	_.  During the past year
the undersigned has been employed by the following companies
located at the corresponding addresses:

     The undersigned hereby acknowledges that he  (she) has read
the foregoing Stipulation and Protective Order executed by the
attorneys of record for the parties of the action presently
pending in the U.S. District Court for the District of 	
entitled United States v. 	|	, understands the
terms thereof, and agrees, upon threat of penalty of contempt, to
be bound by such terms.  The undersigned understands that documents
which have been designated as confidential are likely to cause
substantial harm to the applicable business1 competitive position
if disclosed or handled in any manner other than that expressly
directed by the Stipulation and Protective Order.  Among other
responsibilities, the undersigned shall keep the material within
his/her exclusive possession, place the material in a secure and
segregated facility, shall not make copies, duplicates, extracts,
summaries, or descriptions of the material or information or any
portion thereof, shall not disclose the information to persons
other than those specifically authorized by the protective order,

-------
                                                    OSWER # 9832.4
                                                 *
and shall not use or disclose it for business or competitive
purposes.  The undersigned understands that the pledge of secrecy
under this agreement continues after the lawsuit is over, and
extends to confidential information disclosed in the future as
well as to confidential information already disclosed to the
undersigned.  Furthermore, the undersigned understands that a
breach of this Stipulation and Protective Order may constitute
contempt of court and may result in damage to the competitive
position of one or more private entities which may subject him
(her) and/or his  (her) employee to civil claims  for damages by
these entities.

Date:       	                   Signed:	

-------
                                                  OSWER # 9832.4




                   APPENDIX  H
                                              »



MODEL CONFIDENTIAL BUSINESS  INFORMATION LETTER

-------
                                                    OSWER # 9832.4



Contractor
Address
City, State, Zip Code

     Re:  Disclosure or Contractor Information in the case of
          U.S.. v.	,
          CERCLA Section 107 Cost Recovery Action

Dear Sir or Madam:

     As you know, the United States Government, through the

Environmental Protection Agency, has contracted with your firm

to undertake certain activities to assist in hazardous waste

site cleanup under the Comprehensive Environmental Response,

Compensation and Liability Act of 1980 (CERCLA).  The United

States has commenced the above-referenced action against liable

parties seeking reimbursement of all expenses  incurred and to

be incurred by the government and its contractors for work done

at the	site.

     To prove the costs incurred in cleaning up the site,

however, it is necessary to disclose certain documents during

the course of litigating CERCLA cost recovery  actions.  In

particular, all contractor documents in the possession of the

U.S. EPA might be required to be disclosed, including, but not

limited to:

          (1)  Paid processed invoices;

          (2)  Timesheets, timecards and other payroll expense
               information;

-------
                                                     OSWER ft 9832.4

                             - 2 -
                                                 *


           (3)  Travel expense receipts;

           (4)  Equipment expense receipts;

           (5)  Summaries of hours, costs per hours, overhead
               costs and subcontractor costs;

           (6)  Technical Directive Documents (TDDs) and TDD
               Acknowledgements of completion (TDD-AOCs).


     It is our understanding- that certain information contained

in the documents noted above has been claimed as confidential

by your company under 40 C.F.R. Part 2.

     The purpose of this letter is to give you an opportunity

to comment on our plan to make these documents available to the

defendants and the court, and to request your consent to that

release.
                                    •
     To protect the information, you have provided us, the

United States proposes the following procedures.  Once a request

for production of documents is received that may require

confidential business information to be disclosed, we will

contact counsel for the party requesting the documents to

determine  if an agreement can be r-=;.-.ched in which the documents

are released under the terms of a stipulation and protective ,

order.  The stipulation and protective order will guarantee

that the documents will only be disclosed to certain persons or

parties for certain limited purposes and will require that

those persons or parties agree to sign a confidentiality agreement

A copy of the stipulation and protective order we propose  to

use is attached for your review.

-------
                                                    OSWER ft 9832.4
                             -. 3 -
                                                *
Once the order is entered and counsel for the party
requesting the information has executed the appropriate
confidentiality agreement.1;, the information will be produced.
     You will be notified when the documents are produced.
     In the event that the: requesting party declines to agree
to production under the terms of a protective order, the United
States will, either redact all confidential business information
and produce the documents or decline to produce the documents
altogether.  In either case, the United States will be prepared
to submit memoranda to the court opposing production unless
under the terms of a protective order.
     The Agency recognizes your need to keep certain information
confidential.  We hope that this strategy will satisfy your
concerns.
                              Sincerely,

-------
                                             OSWER * 9832.4
              APPENDIX I




EXAMPLE MOTION  FOR  PROTECTIVE ORDER

-------
                                                     OSWER # 9832.4
              IN THE UNITED STATES DISTRICT COURT
         FOR THE              DISTRICT OF
UNITES STATES OF AMERICA,

             Plaintiff,


v.
Civil Action No,
            Defendants
    JOINT MOTION OF PLAINTIFF, UNITED STATES OF AMERICA
       AND DEFENDANT               FOR A PROTECTIVE ORDER
     Plaintiff United States of America  ("the Government") and

defendant 	 hereby move the Court to

enter a protective order in this case, pursuant to Rule 26(c),

Federal Rules of Civil Procedure.  A Stipulation and Protective

Order is attached.

     Discovery in this cs&e will necessarily  involve production

by the United States of financial information prepared and

submitted to it by its contractors.  Those contractors would

be irreparably damaged by routine disclosure  of this confidential

material and, accordingly, all parties urge the court to allow

the United States to impose the safeguards embodied  in the

stipulation and proposed protective order.

-------
                                2 "                   QSWER f 9832.4


     Administration of the provisions of the Stipulation and


Protective Order will be handled primarily by the parties and
                                                  »

should  involve little, if any,  Court time.  The proposed order


contemplates an initial pood faith designation of conf Wentiaity


by the  United States.  In the event that one or more defendants


object  to the claim of confidentiality of particular information,


the Court will be asked to review the information in camera a'nd


make a  determination regarding  production.  If there is no


objection, however, the Court need not be involved at all.  The


United  States does not intend to indiscriminately mark every


document confidential and will  exercise its best judgment and


put forth substantial efforts to minimize discovery disputes.


     A  protective order such as that urged by this motion will


enable  the United States to respond fully to the Defendant's


discovery recuests and, at the  same time, ensure that confidential


competitive and financial information will not be disseminated


in a manner inconsistent with the EPA contractors' business


interests or with the proper administration of justice.


     WHEREFORE, the Government  and the Defendant's respectfully


request the Court to sustain this motion and to enter the


Stipulation and Protective order attached.




                                   Respectfully submitted,

-------
                         OSWER # 9832.4
- 3 -
      (Name]
      United States Attorney
      By:
         [Name]
         Assistant U.S. Attorney
         [Address]
         ATTORNEY FOR PLAINTIFF
      By:
          [Name]
          [Address]
         ATTORNEY  FOR  DEFENDANT

-------
                                              OSWER # 9832.4
               APPENDIX J
                                          •


DELEGATION OF  AUTHORITY FOR DEMAND LETTERS

-------
                                                       OSWER # 9832.4
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                       WASHINGTON. O.C. 20460
                           MAR ,8

                                              • OLID WASTE AND EMERGENCY MECONSE
SUBJECT:  Del^g^ion of Authority to Issue^Dewand Letters

PROM:
MEMORANDUM
          Office of Waste Programs Enforcement

TO:       Regional Administrators, Regions I - X
          Directors, Air & Waste Management Division
          Regions III, IV, VI, VII, VIII, X
          Directors, Waste Management Division
          Regions I, V
          Director, Office of Emergency and Remedial Response
          Region II
          Director, Toxics and Waste Management Division
          Region IX
          Directors, Environmental Services Division
          Regions I - X
          Regional Counsel, Regions I - X


Purpose

     This memorandum formally transfers the authority  to  issue
demand letters  for recovering costs of CERCLA  response actions
from the Director, Office of Waste Programs Enforcement to the
Regional Administrators.

Background

     Where CERCLA funds are expended the Agency  will attempt to
recover response costs from the  party or parties who are  liable
under section 107 of CERCLA.„ The  first  formal step in recovering
Trust Pund expenditures is th*e  issuance  of  a  demand letter from
EPA to the responsible party or  parties  for payment of response
costs.  Up to now,  the Regional  Office has  been  responsible for
preparing the demand letter and  sending  ;,t  through the Office of
Waste Programs  Enforcement for  signature and  issuance  by  the
Director.  Now  -that Headquarters has provided guidance and held
workshops on cost  recovery actions,  the  necessity of Headquarters'
role in the  issuance of demand  letters has  declined.
     Effective  immediately,  Regional Administrators have authority
 to  issue  demand  letters in  CERCLA 107 Cost Recovery cases.  No

-------
                                                     OSWER * 9832.4
                             -2-


review or advance concurrence from EPA Headquarters will be
necessary.  Regional Administrators may further delegate
authority for issuance of demand letters to the appropriate
Regional Division Director.

     Demand letters may be issued after all appropriate
documentation on and accurate summaries of removal costs are
available (See Chapter 5 of Draft Cost Documentation Procedures
Manual, September 1983) and generally should be issued before
the Cost Recovery case is referred to EPA Headquarters.

     EPA Headquarters will not accept a Cost Recovery referral
package that does not include a copy of the demand letter and
response.  Headquarters will make exceptions to this policy
only for Cost Recovery cases that are referred to Headquarters
prior to April 1, 1984 or cases for which the Region provides
a statement with the referral package explaining why a demand
letter was not issued.  If the case is then referred to the
Department of Justice for litigation, DOJ will ordinarily issue
a demand letter befpre filing the case.

     Procedures for preparing and issuing demand letters are
contained in the following EPA guidance documents: "Guidance
on Pursuing Cost Recovery Actions under CERCLA" (August 1983,
pp. 20-30) and "Cost Documentation for CERCLA 107 Efforts'
(September 1983, p. 8).

cc:  William N. Hedeman, OERR
     Kirk P. Sniff, OECM
     Lisa K. Friedman, OGC
     Glenn Unterberger, .OLEP

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MEMORANDUM

SUBJECTi  First Mailing of Directives System Backlog

   FROM i  Sherry Fielding

     TO i  Regional Direct i vest-Coordinators
                          #£j|t

                          i vest-Co
Enclosed in the two packages is the first mailing of the backlog
of documents for the OSWER Directives System.  The 24 documents
which are included in this mailing are all for either Superfund
or RCRA enforcement.

The numbers and titles are as follows:

                           Package #1

     9832.1    Cost Recovery fictions Under CERCLA
     9835.1    Participation of PRPs in Development of  RI/FS
     9835.2    Guidance on Drafting Consent  Decrees in  Hazardous
               Waste Cases
     9836. 0    Interim Guidance on Community Relations  in
               Enforcement
     9836.1    Community Relations Activities at Superfund
               Enforcement Sites
     9837. O    RCRA/CERCLA Case Management Handbook
     9840.0    FY 1986 SCAP
     9840. 1    FY 1986 SCAP Passback
     9850. 1    Endangerment Assessment Handbook
     9883.1    Issuance of A. 0. s  for Immediate Removal  Actions

                           Package * £

     9831.1    CERCLA Funding of  State Oversite  of PRPs
     983 1.1 -a  Draft Addendum to  9831.1
     9831.2    Reporting and Exchange of  Information on State
               Enforcement Actions at NPL Sites
     9831.3    EPA— State Relationship in  Enforcement Actions  for
               Sites on the NPL
     9831.4    Funding of State Enforcement  Related Activities
     9831.5    Authority to Use CERCLA to Provide Enforcement
               Funding Assistance to States
     9832.0    Cost Recovery Referrals
     9832.2    Coordination of EPA/State  Actions in Cost  Recovery
     9833. O    Guidance on Use and Issuance  of A. O. s Under  S. 1O&
     9834. O    Releasing Identities of PRPs  in Response to  FOIA
               Requests
     9834. 1    Guidance on Issuance of Notice Letters
     9834.2    Timely Issuance of RP Searches,  Issuance of  Notice
               Letters, and Releases of  Information
     9835. O    Interim CERCLA Settlement  Policy
     9840.2    Final FY 86 SCAP Instruction

If you have any questions, please give me a  call at FTS 382-4483.

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