United Slates Environmental Protection Agency Office of Solid Waste and Emergency Response &EPA DIRECTIVE NUMBER: TITLE: MODEL NOTICE LETTERS APPROVAL DATE: February 7, 1989 EFFECTIVE DATE: February 7, 1989 ORIGINATING OFFICE: OWPE m FINAL D DRAFT LEVEL OF DRAFT D"A Signed by AA or DAA £2 B Signed by Office Director O C Review & Comment REFERENCE (other documents): 9834.10 M Interim Guidance on'Notice Letters, Negotiations and Information Exchange" Dated 10/19/87 S WER OS \NER OS WER DIRECTIVE DIRECTIVE Dl ------- _ ^ ^ A - Urtted State* environmental Protection Agency j^p.EM\ Waanatgton DC 20460 «*CTM OSWER Directive Initiation Reauest 1. Directive Number 9834. 10- Ib 2. Ortamator Information Name of Contact Person Kathleen MacKinnon Mail Coda 05-510 Office OWPE^ 3. Title MODEL NOTICE LETTERS Telephone Code FTS- 475-9812 4. Summary of Directive (include brief statement of purpose) The purpose of these models is to assist you in developing site-specific notice letters to potentially responsible parties (PRFs) which notify such parties of their . potential CERCLA liability and, in some case's, of their opportunity to- enter . negotiations with EPA for PRP conduct of response actions. S. Keywords Notice Letters, RI/FF, 6*. Does This Directive Supersede Previous Directive! RD/RA "? QN, D- Letters, [ [Yea What directive (number, title) Q Yea What oTrect^e (numbtr. ttte) 9834. 10- "Interim Guidance on Notice Negotiations and Inf. Exchange" (10/19/89) 7. Draft Laval _. | ] A-SignadbyAA/DAA [ j 8 - Signed by Offie* Director { | C -For Review & Cor 8. Document to b« distributed to States by Headquarters? D Vea ^^^ X No Tnfs Requeat Meets OSWER Directives System Format Standard*. 9. Sgnature of Lead Office Directives Coordinator &uM~<~ k)&i*^ 1 0. Name and Title of Approving Official / Data "//t/f? Data EPA Form 1315-17 (Rev. S-«7> Previous editions are obsoJete. OSWER OSWER OSWER O VE DIRECTIVE DIRECTIVE DIRECTIVE ------- -«*'> f USB i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 _ OSWER DIRECTIVE T 1989 . * 933^.10 - 3?--c= := 5CLO MS" AND :M:a-jH MEMORANDUM SUBJECT: Model Notice Letters FROM: __ Bruce M. Diamond, Director Office of Waste Programs Enforcement TO: Addressees Attached are model notice letters which are Appendix C of the "Interim Guidance on Notice Letters, Negotiations, and Information Exchange" (OSWER Directive #9834.10). The purpose of these models is to assist you in developing site-specific notice letters to potentially responsible parties (PRPs) which notify such parties of their potential CERCLA liability and, in "some cases, of their opportunity to enter into negotiations with EPA- for PRP conduct of response actions. These models are consistent with the guidelines provided in the notice letter guidance cited above. These models have had substantial headquarters, Regional, and Department of Justice review. It is important to note that these models are intended to be used as guidelines on what individual site-specific notice letters should generally contain. The models may be modified to accommodate the circumstances at a specific site as appropriate. The following model notices are provided: o For remedial actions; 1. General Notice Letter 2. Special Notice Letter for Remedial Investigation/ Feasibility Study (RI/FS) 3. Special Notice Letter for Remedial Design/Remedial Action (RD/RA) 4. Notice of Decision Not To Use Special Notice Procedures __ ( "' ' o For removal a'ctidhs; 5. Notice of Potential Liability and EPA Conduct of Removal Action 6. Notice of Potential Liability and Offer to Negotiate For Removal Action 7. Notice of Potential Liability for Removal Action and Use of Special Notice Negotiation Procedures ------- OSWER DIRECTIVE "9834.10-'& To assist you in utilizing these model notices, we have provided each Region with two copies of disks containing these models. One disk has been provided to each Waste Management Division and the other to the Regional Counsel. Each disk contains two files. One file contains the models in WordPerfect format. The other file contains the models in DOS Text format for those offices who do not use Wordperfect. The DOS Text format can be easily imported into the type of wordprocessing system you use. If you have any questions about these model notices, please contact Kathleen MacKinnon at FTS-475-9812. Attachment Addressees: Directors, Waste Management Divisions, Regions 1, IV, V, VII, and VIII Director, Emergency and Remedial Response Division, Region II Director, Hazardous Waste Management Division, Region III Directors, Air and Waste Management Division, Regions II and Director, Toxics and Waste Management Division, Region IX Director, Hazardous Waste Division, Region X Regional Counsels, Regions I - X. ------- 9834.10-lb L'NITED STATES ENVIRONMENTAL PROTECTION AGENCY Region [] [ADDRESS] GENERAL NOTICE LETTER L'RGENT LEGAL MATTER - PRO\fPT REPLY NECESSARY CERTIFIED-MAIL: RETURN RECEIPT REQUESTED [Date] [Name-and address of Potentially Responsible Party] [c/o Registered Agent or Contact Person) Re: [Name of Site] [Address or location of Site] (the "Site") Dear [Name of PRP if an individual; "sir or madam" otherwise]: This letter notifies you of potential liability, as defined by Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9607(a), as amended (CERCLA), that you may incur or may have incurred with respect to the above-referenced site. This letter also notifies you of potential response activities at the site, which you may be asked to perform or finance at a later date. . . NOTICE OF POTENTIAL LIABTLITY The United States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants, or contaminants at the above-referenced site. EPA has spent, or is considering spending, public funds on action* to investigate and control such releases or threatened releases at the site. Unless EPA reaches an agreement under which a potentially liable party or parties will properly perform or finance such actions, EPA may perform these actions pursuant to Section 104 of CERCLA. Under Sections 106(a) and 107(a) of CERCLA, 42 U.S.C. Sections 9606(a) and 9607(3), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6973, as amended (RCRA). and other laws, potentially liable parties may.be 1 ------- 9334.10-Lb ordered to perform response actions deemed necessary by EPA to protect the public health, welfare or the environment, and may be liable for all costs incurred cv the government in responding to any release or threatened release at the site. Such actions and costs may include, but are not limited to. expenditures for conducting 2 Remedial Investigation-Feasibility Study (RI/FS), conducting a Remedial Design. Remedial Action (RD/RA), and other investigation, planning, response. oversight, and enforcement activities. In addition, potentially liable-parties.may be required to pay for-damages for injury to, destruction of. or loss of natural resources, including the cost of assessing such damages. EPA has evaluated information in connection with th-e investigation of the site. Based on this information. EPA believes that you may be a potentially responsible party (PRP) with respect to this site. Potentially responsible parties under CERCLA include current and former owners and operators of the site as well as persons who arranged for disposal or treatment of hazardous substances sent to the site, or persons who accepted hazardous substances for transport to the site. By this letter, EPA notifies you of your potential liability with regard to this matter and encourages you to voluntarily perform or finance those response activities that EPA determines are necessary at the site. In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions and natural resource damage assessments at the sit*]. EPA may expend additional funds for response activities at the site under the authority of CERCLA and other laws. SPECIAL NOTICE AND NEGOTIATION MORATORIUM You may receive an additional notice from EPA in the future. That notice would either inform you that EPA is'using the CERCLA Section I22(e) special notice procedures to formally negotiate terms of a consent order or consent decree to conduct or finance site response activities, or it would inform you that EPA is not using such procedures pursuant to Section 122(a). If EPA does not use Section 122(e) special notice procedures, the notice would specify why the special notice procedures were not appropriate in this case. . ------- 9834.10-lb L'nder Section 112(e), EPA has che discretionary authority co use the special notice procedures if EPA determines that such procedures vvould facilitate an agreement between EPA and the PRPs and would expedite remedial action at the site. L'se of the special notice procedures triggers a moratorium on certain EPA activities at the site. The purpose of t-he moratorium is to provide a ^uriod of time when PRPs and EPA may enter into formal negotiations for PRP conduct or financing of the response activities at the site. The initial moratorium for the RI/FS lasts-for 60 days after the notice. If EPA determines that an offer to perform or finance the activities is submitted by the PRPs within those 60 days, and that the offer is a good faith offer, a 30-day extension is provided for by statute for further negotiations. The initial moratorium for the RD R.A also lasts for 60 days after the notice. If EPA determines that an offer is submitted by the PRPs within those 60 days, and that the offer is a good faith offer, a 60 day extension is provided for by statute for further negotiations. If EPA determines that a good faith offer has not been submitted within the first 60 days of the moratorium period, EPA may terminate the negotiation moratorium under Section 122(e)(4) of CERCLA. EPA then may commence such cleanup or enforcement actions as it deems appropriate. In the absence of an agreement with the parties to perform or finance the necessary cleanup activities, EPA may undertake these activities and pursue civil litigation against the parties for reimbursement of site expenditures. Alternatively, EPA may issue an administrative order pursuant to Section I06(a) of CERCLA to require PRPs to commence cleanup activities, or may commence civil litigation pursuant to Section 106(a) of CERCLA to obtain similar relief. Failure to comply with an administrative order issued under Section 106(a) of CERCLA may result in a fine of up to $25,000 per day, under Section 106(b) of CERCLA, or imposition of treble damages, under Section I07(c)(3). SITE RESPONSE ACTIVITIES [Complete only if a removal is planned, the site is on the NPL, or an RI/FS is scheduled in the current SCAP.J ------- 9834.10-lb At present, EPA is planning to conduct the following (studies and/or activities) at the site: [Delete all activities from the following list that are completed, which are so far into process as to preclude PRP participation in completion of the activity, or which are otherwise inappropriate to the site circumstances. Include scheduled start and completion dates if appropriate.] 1. Remedial Investigation (RI) to identify the site characteristics and to define the nature and extent of soil, air. surface water, and groundwater contamination at the site and risks posed by the site Scheduled Start Date , or Scheduled Completion Date 2. Feasibility Study (FS) to evaluate alternative remedial actions to remove, treat, or contain hazardous substances, pollutants, and contaminants at the site Scheduled Start Date , or Scheduled Completion Date ' 3. Remedial Design and Remedial Action (RD/RA) to design and implement the remedial action selected and approved by EPA for the site Scheduled Start Date , or Scheduled Completion Date 4. Follow-through activities to monitor, operate, and maintain the completed remedia-1 action as required at the site after the remedial action is complete Scheduled Start Date ' or Scheduled Completion Date REQUEST FOR INFORMATION [If an information request letter has not been sent yet, or if the Region wishes to gather additional information, include the following] Attached to this notice letter is an information request letter pursuant to Section 104(e) of CERCLA [and Section 3007 of RCRA], ------- 9834.LO-lb INFORMATION TO ASSIST RESPONSIBLE PARTIES EPA would like to encourage good faith negotiations between the PRPs and EPA. as -veil as among the PRPs. To assist PRPs in preparing a proposal and in negotiating Aith EPA concerning this matter, EPA is providing the following information as an attachment to this letter: [Eliminate, or limit, the description of any of the following items to the extent that the information is not currently available; in general, at a minimum, the first item should be available.] I. A list of names and addresses of PRPs to whom this notification is being sent. This list represents EPA's preliminary findings on the identities of PRPs. Inclusion on, or exclusion from, the list does not constitute a final determination by EPA concerning the liability of any party for the release or threat of release of hazardous substances at the site. 2. To the extent such information is available, a list of the volume and nature of substances contributed by each PRP. This list is preliminary and subject to revisions based upon new information as, and if, it becomes available. 3. A ranking by volume of the substances at the facility, to the extent - such information is available. : 4. A fact sheet that describes the site. 1 PRP STEERING CONfMITTEE EPA recoouMflds that all PRPs meet to select a steering committee responsible for representing the group's interests. Establishing a manageable group is critical for successful negotiations with EPA. [If EPA is organizing the initial PRP meeting, insert details here.] Alternatively, EPA encourages each PRP to select one person from its company or organization who will represent its interests. ------- 9834.10-lb ADMINISTRATIVE RECORD Pursuant to CERCLA Section I13(k). "PA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection ot" a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, [will be) [are) available to the public for inspection and comment. The primary location is generally the EPA Regional office. (Include specific information regarding the location and availability of the record file.) PRP RESPONSE .AND EPA CONTACT V'ou are encouraged to contact EPA by to indicate your willingness to participate in future negotiations at this site. You may respond individually or through a steering committee if such a committee has been formed. If you have any questions pertaining to this letter, please contact or direct your attorney to contact k Sincerely, Attachments ------- 9834.LO-lb UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region f] [Address] SPECIAL NOTICE LETTER FOR REMEDIAL INVESTIGATION FEASIBILITY STUDY LRGENT LEGAL MATTER - PRONfPT REPLY NECESSARY CERTIFIED MAIL: RETURN RECEIPT REQUESTED [Date] [Name and address of Potentially Responsible Party] fc/o Registered Agent or Contact Person] Re: [Name of Site] [Operable Unit] [Address or location of Site] (the "Site") Dear (Name of PRP if an individual; "sir or madam" otherwise]: This letter follows a general notice letter that was issued on [date of original notice letter mailing], in connection with the above-referenced site. As the listed contact person for the potentially responsible party (PRP) identified above, this letter has been sent to your attention. This letter serves three basic functions. First, it contains a formal demand for reimbursement of costs that have been incurred, including interest thereon, and that are expected to be incurred, which are subject to interest, in response to the health/environmental concerns at the site. Second, this letter notifies you that a 60-day period of formal negotiations with the Environmental Protection Agency (ERA) automatically begins with this letter. Third, this letter provides general and site-specific information to assist you in these negotiations. Thit letter may need to be modified if a general notice letter has not been sent to include some of the information typically conveyed in that letter. ------- 9834.10-Ik NOTICE OF POTENTIAL LIABILITY As indicated in the general notice letter previously sent regarding this site, EPA has information indicating that you may be a PRP as defined at Section lOTfa) of trie Comprehensive Environmental Response. Compensation, and Liability Act. Jl L'.S.C. 960TCa). is amended (CERCLA). with respect to this site. SPECIAL NOTICE AND NEGOTIATION MORATORIUM EPA has determined that use of the Section I22(e) special notice procedures specified in CERCLA will facilitate a settlement between EPA and PRPs for this site. Therefore. under CERCLA Section 1221 this letter triggers a 60-day moratorium on certain EPA response activities at the site. During this 60-day period, the PRPs. including you. are invited ro participate in formal negotiations with EPA. You are also encouraged to \oluntarily negotiate a settlement providing for the PRPs, including yourself, to conduct or finance the response activities required at the site. The 60-day negotiation period ends on [date]. The 60-day negotiation moratorium will be extended for an additional 30 days if PRPs provide EPA with a good faith offer to conduct or finance the remedial investigation/feasibility study (RI/FS). Should a 90-day negotiation moratorium take place, negotiations will conclude on (date). If settlement is reached between EPA and the PRPs within the 90-day negotiation moratorium, the settlement will "be embodied in a [consent order for RI/FS] [consent decree for RI/FS]. FUTURE RESPONSE ACTIONS [complete if known] EPA plans to conduct the following response activities at the site: [identify the planned activities and provide the dates they are scheduled to begin.] WORKPLAN AND DRAFT CONSENT ORDER /DECREE A copy of EFA's [statement of work] [work plan] and draft [administrative order) [consent decree] are attached. This is provided to assist you and other PRPs in developing a good faith offer for conducting the RI/FS. ------- 983A.10-lb GOOD FAITH OFFER As indicated, the 60-day negotiation moratorium triggered by this letter is extended for 50 days if the PRPs submit a good faith offer to EPA. A good faith offer to conduct or fir.ancc rhe RI FS is a written proposal that demonstrates the PRPs' qualifications and willingness to conduct or finance the RI/FS and includes the following elements: I. A statement of willingness by the PRPs to conduct or finance rhe RI/FS which is consistent with EP.Vs [statement of work] [work- plan) and draft [administrative order] [consent decree] and provides a sufficient basis for further negotiations. 2. A paragraph-by-paragraph response to EPA's [statement of work] [work plan] and draft [administrative order] [consent decree] including a response to any other attached documents. 3. A detailed description of the work plan identifying how the PRPs plan to proceed with the work. 4. A demonstration of the PRPs' technical capability to carry out the RI/FS includirtg the identification of the firm(sj that may actually conduct the work or a description .of the process they will use,, to select the firm(s). 5. A demonstration of the PRPs' capability to finance the RI/FS. 6. A statement.of willingness by the PRPs to reimburse EPA for costs incurred in overseeing the PRPs' conduct of the'RI/FS. 7. The name, address, and phone number of the party or steering committee who will represent the PRPs in negotiations. INFORMATION RELEASE The parties are hereby notified that additional information has been obtained since the previous notice. EPA is providing the following information as an attachment to this letter: [Eliminate, or limit, the description of any of the following items to the extent appropriate.) * . - 1-. An updated list of names and addresses of PRPs to whom this notification is being sent. Inclusion on. or exclusion from, the list does not constitute a final determination by EPA concerning the liability of any party for the release or threat of release of hazardous substances at the site. ------- 9834.LO-lk 2. A list of the volume and nature of substances contributed by ea;_ PRP. The list is subject to revisions based upon new information^... and if. it becomes available. 3. A ranking by volume of the substances at the facility. 4. A fact sheet that describes the sice. DE.Nf.AND FOR PAYMENT U'ith rhis letter. EPA demands that you reimburse EPA for its costs incurred to date, and encourages you to voluntarily negotiate a [consent order] [consent decree] in which you and other PRPs agree to perform the RI/FS. In accordance u-ith CERCLA, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include t'descnbe response actions at the site]. The cost to date of the response actions performed at the site through EPA funding is approximately. S [state direct and indirect costs to date as specifically as possible]. In accordance with Section I07(a) of CERCLA, demand is hereby made for payment of the above amount plus any and all interest recoverable under Section 107 or under any other provisions of law. As indicated above, EPA anticipates expending additional funds for the RI/FS. \Vhether EPA funds the entire RI/FS, or simply incurs costs by overseeing the parties conducting these response activities, you are potentially liable for these expenditures plus interest. PRP STEERING COMMITTEE EPA recommends that all PRPs meet to select a steering committee responsible for representing the group's interests. Establishing a manageable group is critical for successful negotiations with EPA. [If EPA is organizing the initial PRP meeting insert details here]. Alternatively, EPA encourages each PRP to select one person from its company or organization who will represent its interests. ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, fwill be] [arc] available to the public for ------- 9834.10-18 inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.) PRP RESPONSE AND EPA CONTACT PERSON You are encouraged to contact EPA by to indicate your willingness to participate in future negotiations at this site. Otherwise, you have 60 calendar days from chis notice to provide EPA in writing, with a good faith, offer demonstrating your willingness co perform the- Rl FS. You may respond individually or through a steering committee-if such a committee has been-formed. If EPA does norreceive-a timely response. EPA will assume that: you do not wish to negotiate a resolution of your liabilities in connection with the response, and that you have declined any involvement in performing the response activities. You may be held liable by EPA under Section 107 of CERCLA for the cost of che response activities EPA performs at the site: and for any damages to natural resources. Y->ur response to this notice letter should be sent to: L'.S. Environmental Protection Agency [Name of Site Manager or Section Chief] [State] Superfund Section [Address] [Telephone Number] The factual and legal discussions contained in this letter are intended solely for notification and information purposes. They are not intended to be and cannot be relied upon as final EPA positions on any matter set forth herein. If you or your attorney have any questions pertaining to this matter, please direct them to Sincereh, Attachments ------- 9834.10-Lb UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region (] [Address] SPECIAL NOTICE LETTER FOR REMEDIAL DESIGN REMEDIAL ACTION (RD.RA)' IRGENT LEGAL MATTER - PRQNfPT REPLY NECESSARY CERTIFIED MAfL: RETURN RECEIPT REQUESTED [Data] [Name and address of Potentially Responsible Party] [c.o Registered'Agent or Contact Person) Re: [N'ame of Sitej [Operable Unit] [Address or location of Site] (the "Site") Dear [Name of PRP if an individual; "sir or madam" otherwise]: This letter follows a general notice letter that was issued on [date of original notice letter mailing], in connection with the above-referenced site. As the listed contact person for the potentially responsible party (PRP) identified above, this letter has been sent to your attention. This letter serves three basic functions. First, it contains a formal demand for reimbursement of costs that have been incurred, including interest thereon, and that are expected to be incurred, which are subject to interest, in response to the health/environmental concerns at the site. Second, this letter notifies you that a 60-day period of formal negotiations with the Environmental Protection Agency (EPA) automatically begins with this letter. Third, this letter provides general and site-specific information to assist you in these negotiations. * This letter m.iy need to be modified if a general notice letter has not been sent to include some of the information typically conveyed in that letter. ------- 9834.10-lb1 NOTICE OF POTENTIAL LIABILITY As indicated in the general notice letter previously sent regarding this she. EPA has information indicating that you may be a PRP as defined at Section 10?(a) of :h; Comprehensive Environmental Response. Compensation, and Liability Act. -12 L'.S.C. 960~fai. as amended (CERCLA). with respect to this site. SPECIAL NOTICE AND NEGOTIATION MORATORIUM EPA has determined that use of the Section I22(e) special notice procedures specified in CERCLA will facilitate a settlement between EPA and PRPs for this site. Therefore, under CERCLA Section 122, this letter triggers a 60-day moratorium on certain EPA response activities at the-site. During this 60-day period, the PRPs. including you, are invited to participate in formal negotiations with EPA. You are also encouraged to voluntarily negotiate a settlement providing for the PRPs. including yourself, to conduct or finance the response activities required at the site. The 60-day negotiation period ends on fdate). The 60-day negotiation moratorium will be extended for an additional 60 days if EPA determines the PRPs have provided EPA with a good faith offer to conduct or finance the remedial design/remedial action (RD/RA). Should a 120-day negotiation moratorium take place, negotiations will conclude on [date]. If settlement is reached between EPA and the PRPs within the 120-day negotiation moratorium, the settlement will generally be embodied in a consent decree. FUTURE RESPONSE ACTIONS [complete if known] EPA plans to conduct the following response activities at the site: [identify the planned activities and provide the dates they are scheduled to begin.] WORKPLAN AND DRAFT CONSENT DECREE A copy of EPA's [proposed plan] [record of decision] [as well as work plan/scope of work] and draft consent decree are attached. This is provided to assist you and other PRPs in developing a good faith offer for conducting the RD/RA. ------- '9834.10-ifa GOOD FAITH OFFER As indicated, the 60-day negotiation moratorium triggered by this letter is extended for 60 days it" the PRPs submit a good faith offer to EPA. A good faith offer to conduct or finance the RD.'RA is a written proposal that demonstrates the PRPs' qualifications and willingness to conduct or finance the design, implementation, and monitoring of the remedy. In order for your proposal to be considered a good faith offer, it must not be significantly different from EPA.'s [proposed plan] [record of decision) and must include the following elements: 1. A statement of willingness by the PRPs to conduct or finance the RD/RA which is consistent with EPA's [proposed plan) [record of decision) [as well as scope of work.'work plan) and draft consent decree and provides a sufficient basis for further negotiations. 1. An e'ement by element response to EPA's [proposed plan] [record of decision] [scope of work] [work plan] and draft consent decree including a response to any other attached documents. 3. A detailed description of the work plan identifying how the PRPs plan to proceed with the work. 4. A demonstration of the PRPs' technical capability to carry out the RD/RA including the identification of the firm(s) that may actually conduct the work or a description of the process they will use to select the firm(s). 5. A demonstration of the PRPs" willingness to finance the response. 6. A statement of willingness by the PRPs to reimburse EPA for costs incurred in overseeing the PRPs' conduct of the RD/RA. 7. The name, address, and phone number of the party or steering committee who will represent the PRPs in negotiations. 8. A description of the PRPs' position on releases from liability and reopeners to liability. ------- 9834.10-lb INFORMATION RELEASE The parties are hereby notified that additional information has been obtained sines the previous notice. EPA is providing the following information as an attachment to this letter: [Eliminate, or limit, the description of any of the following items to the extent appropriate.) 1. An updated list of names and addresses of PRPs to whom this notification is being sent. Inclusion on. or exclusion from, the list does not constitute a final determination by EPA concerning the liability of any party for the release or threat of release of hazardous substances at the site. 2. A list of the volume and nature of substances contributed by each PRP. The list is subject to revisions based upon new information as, and if. it becomes available. 3. A ranking by volume of the substances at the facility. > \ 4. A fact sheet that describes the site. DEMAND FOR PAYMENT With this .letter, EPA demands that you reimburse EPA for its costs incurred to date, and encourages you to voluntarily negotiate a consent decree in which you and other PRPs agree to perform the RD/RA. In accordance with CERCLA, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions at the site]. The cost to date of the response actions performed at the site through EPA funding is approximately S [state direct and indirect costs to date as specifically as possible]. In accordance with Section 107(a) of CERCLA, demand is hereby made for payment of the above amount plus any and all interest recoverable under Section 107 or under any other provisions of law. As indicated above, EPA anticipates expending additional funds for the Remedial Design and Remedial Action (RD/RA). Whether EPA funds the entire RD/RA. or ------- 9834.10-lb simply incurs costs by overseeing the parties conducting these response activities. you are potentially liable for these expenditures plus interest. PRP STEERING COMMITTEE EPA recommends, that all PRPs meet to select a steering committee responsible for representing the group's interests. Establishing a manageable group is critical for successful negotiations with EPA. [If EPA is organizing the initial PRP meeting, insert details here). Alternatively, EPA encourages each PRP to select one person from its company or organization who will represent its interests. ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EP.Vs decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, [will be] [are] available to the public for inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.) PRP RESPONSE AND EPA CONTACT PERSON You are encouraged to contact EPA by to indicate your willingness to participate in future negotiations at the site. Otherwise, you have 60 calendar days from this notice to provide EPA in writing with a good faith offer demonstrating your willingness to perform the RD/RA. You may respond individually or through a steering committee if such a committee has been formed. If EPA does not receive a timely response, EPA will assume that you do not wish to negotiate a resolution of your liabilities in connection with the response, and that you have declined say involvement in performing the response activities. You may be held liable by EPA under Section 107 of CERCLA for the cost of the response activities EPA performs at the site and for any damages to natural resources. ------- 9834.LO-Lk Your response to this notice letter should be sent to: LT.S. Environmental Protection Agency [N'ame of Site Manager or Section Chief] (State) Superfund Section. [Address] [Telephone Number] The factual and legal discussions contained in this letter are intended solely for notification and information purposes. They are not intended-to be and cannot be relied upon as final EPA positions on any matter set forth herein. If you or your attorney have any questions pertaining to this matter, please direct them to . Sincerelv. Attachments ------- 9834.10-lk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region (| [ADDRESS! NOTICE OF PENSION NOT TO USE SPECIAL NOTICE PROCEDURES URGENT LEGAL NfATTER" CERTIFIED MAIL: RETURN RECEIPT REQUESTED [Date] [Name and Address, of Potentially Responsible Party] (c/o Registered Agent or Contact Person] Re: [Name of Site] [Address or location of Site] (the "Site") Dear [Name of PRP if .an individual; "sir or madam" otherwise]: This letter notifies you that the L'nited States Environmental Protection Agency (EPA) has determined not to use special notice procedures pursuant to Section 122(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), at the above-referenced site regarding the [RI/FSJ [Rf/FS for operable unit] [RD/RA] [RD/RA for operable unit]. NOTICE OF POTENTIAL LIABILITY As indicated in the general notice letter previously sent to you, EPA has evaluated information in connection with the investigation of the site. EPA has information indicating that you may be a potentially responsible party (PRP) as defined at Section 10?(a) of the CERCLA, 42 U.S.C. 9607(a), with respect to hazardous substances at this site. Potentially responsible parties under CERCLA include current and former owners and operators of the site as well as persons who arranged for disposal or treatment of hazardous substances sent to the site, or persons who accepted hazardous substances for transport to the site. This letter may need to be modified if a general notice letter has not been sent to include some of the information typically conveyed in that letter. ------- 9834.10-lb DECISION NOT TO USE SPECIAL NOTICE In this instance EPA has decided that it is inappropriate to invoke the Section 122(e) special notice procedures. EPA believes that using such special notice procedures would not facilitate an agreement between EPA and the PRPs and would not expedite the response action at the site. (Provide specific reasons why the special notice procedures would not facilitate an agreement and would not expedite a response. Examples may include where past dealings with the PRPs strongly indicate they are unlikely to negotiate a settlement, where EPA believes the PRPs have not been negotiating informally to this point in good faith, or where PRPs lack the resources to conduct response activities.) The decision not to use the special notice procedures does not preclude you from entering into discussions with EPA regarding your participation in response activities at the site. This decision simply means that EPA will not use the special notice procedures to govern any future discussions. EPA encourages all PRP offers regarding settlement of this matter and cleanup of this site. ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, [will be] [are] available to the public for inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.] ------- Attachments ------- 9834.10-lb UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region [ | [ADDRESS] NOTICE OF POTENTIAL LIABILITY AND EPA CONDUCT OF REMOVAL ACTION URGENT LEGAL MATTER CERTIFIED MAIL: RETURN RECEIPT REQUESTED [Date] [Name and Address of Potentially Responsible Party] fc.'o Registered Agent or Contact Person] Re: (N'ame of Site] (Address or location of Site] (the "Site") Dear: [Name of PRP if an individual: "sir or madam" otherwise]: This letter confirms notification of potential liability, as defined by Section I07(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 L'.S.C. Section 9607(a), as amended (CERCLA), that you may incur or may have incurred with respect to the above-referenced site. Prior oral notification of potential liability was given to ( ) on ( ). This letter also notifies you of forthcoming removal activities at the site which you may be asked to finance at a later date. NOTICE OF POTENTIAL LIABILITY The United States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants, or contaminants at the above-referenced site. EPA has spent, or is considering spending, public funds on actions to investigate and control such releases or threatened releases at the site. EPA [hasj (may] performed] these actions pursuant to Section 104 of CERCLA. Under Section 106(a) and 107(a) of CERCLA, 42 U.S.C. Sections 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6973 (RCRA), and other laws, potentially liable parties may be obligated to implement 1 ------- 9834.10.lfc response actions deemed necessary by EPA to protect health, welfare or the environment, and may be liable for all costs incurred by the government in responding to any release or threatened release at the site. Such actions and costs may include, but are not limited to, expenditures for investigations, planning, response, oversight, and enforcement activities. In addition, potentially responsible parties may be liable for damages to natural resources. EPA may issue an administrative order pursuant to Section 106(a) of CERCLA to require potentially responsible parties to commence cleanup activities. Failure to comply with an administrative-order issued under Section !06(a) of CERCLA may result in a fine of up to 525.000 per day, under Section- 106(b) of CERCLA. or imposition of treble damages, under Section I0~(c)(3). EPA has evaluated information in connection with the investigation of the site. Based on this information, EPA believes that you may be a potentially responsible party (PRP) with respect to this site. Potentially responsible parties under CERCLA include current and former owners and operators of the site as well as persons who arranged for disposal or treatment of hazardous substances sent to the site, or persons who accepted hazardous substances for transport to the site. In accordance with CERCLA and other authorities, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions and natural resource damage assessments at the site]. EPA may expend additional funds for response activities at the site under the authority of CERCLA and other laws. SITE RESPONSE ACTIVITIES At present, EPA is [planning to] conducting] the following activities at the site. [Include* brief discussion of major site response activities that will be conducted at the site. The time frame for activities and immediacy of the removal concept should be discussed.] ------- 9834.10-lb DECISION NOT TO USE SPECIAL NOTICE Under Section 122(e) of CERCL.A. EPA has the discretionary authority to invoke special notice procedures to formally negotiate the terms of an agreement between EPA and PRPs to conduct or finance response activities. Use of these special notice procedures triggers a moratorium on certain EPA activities at the site while formal negotiations between EPA and the PRP or PRPs are conducted. In this case, EPA has decided not to invoke the Section 122(e) special notice-procedures. [n order to expedite cleanup activities, it is EPA's policy not to use the- special notice procedures for removals unless there is a 6-month planning lead time after the decision to respond and prior to the initiation of the action. Since the planning lead time prior to the initiation of this response action is less than 6 months, special notice procedures will not be used. [Any other reasons for not using the special notice procedures should also be included, ff the response action does involve a removal with a 6-month planning lead time, but the Agency made a case-specific determination not to use the special. notice procedures, the letter should provide an explanation why the use of such procedures was determined to be inappropriate for that particular response action.] DEMAND FOR PAYMENT In accordance with CERCLA, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions at the site]. The cost to date of the response actions performed at the site through EPAvfunding is approximately $ [state direct and indirect costs to date as specifically as possible]. In accordance with Section 107(a) of CERCLA, demand is hereby made for payment of the above amount plus any and all interest recoverable under Section 107 or under any other provisions of law. You are potentially liable for additional costs plus interest if EPA conducts additional activities at the site. ------- 9834.10-lfc ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, (will be] [are] available to the public for inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.] PRP RESPONSE AND EPA CONTACT You are encouraged to contact EPA by . If EPA does not receive a timely response, EPA will assume you do not wish to resolve your potential liabilities at this site. You may be held liable under Section 107 of CERCLA for the cost of the response activities EPA performs and for any damages to natural resources. The factual and legal discussions contained in this letter are intended solely for notification and information purposes. They are not intended to be and cannot be relied upon as final EPA positions on any matter set forth herein. If you or your attorney have any questions pertaining to this matter, please direct them to ; . Sincerely, ------- 9834.10-tb UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region |j [ADDRESS] NOTICE OF POTENTIAL LIABILITY AND OFFER TO NEGOTIATE FOR REMOVAL ACTION L RGENT LEGAL MATTER - PROMPT REPLY NECESSARY CERTfFrED MAIL: RETURN RECEIPT REQUESTED [Date) (Name and Address of Potentially Responsible Party] (c o Registered Agenr or Contact Person] Re: [Name of Site] (Address or location of Site] (the "Site") Dear [Name of PRP if an individual; "sir or madam" otherwise]: This letter confirms notification of potential liability, as defined by Section 107(a)vof the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9607(a), as amended (CERCLA), that you may incur or may have incurred with respect to the above-referenced site. Prior oral notification of potential liability was given to ( ) on ( ). This letter also notifies you of forthcoming removal activities at the site which you may be asked to perform or finance at a later date. NOTICE OF POTENTIAL LIABILITY The L'nited States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants, or contaminants at the above- referenced site. EPA has spent, or is considering spending, public funds on actions to investigate and control such releases or threatened releases at the site. Unless EPA reaches an agreement under which a potentially responsible party (PRP) or parties will properly pgfftffm or finance such actions, EPA may perform these actions pursuant to Section 104 of CERCLA. Under Section 106(a) and 107(a) of CERCLA, 42 U.S.C Sections 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6973 (RCRA), and other laws, PRPs may be obligated to implement response actions deemed necessary by EPA to protect health, welfare or the environment, and may be liable for all costs incurred by the government in responding to any release or threatened release at ------- 9834.10-lb the site. Such actions and costs may include, but are not limited to. expenditures for investigations, planning, response, oversight, and enforcement activities. In addition. PRPs may be liable for damages to natural resources. EPA may issue an administrative order pursuant to Section !06Ca) of CERCLA to require PRPs to commence cleanup activities. Failure to comply with an administrative order issued under Section lQ6(z) of CERCLA may result in a fine of up to S25;000 per day. under Section- I06(b) of CERCLA. or imposition of treble damages, under Section I0~(c)(3). EPA has evaluated information in connection with the investigation of the site. Based on this information. EPA believes that you may be a PRP with respect to this site. PRPs under CERCLA include current and former owners and operators of the site as well as persons who arranged for disposal or treatment of hazardous substances sent to the site. or persons who accepted hazardous substances for transport to the site. By this letter, EPA notifies you of your potential liability with regard to this matter and encourages >ou to voluntarily perform or finance tho:: response activities that EPA determines are necessary at the site. In accordance with CERCLA and other authorities, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions and natural resource damage assessments at the sitej. EPA may expend additional funds for response activities at the site under the authority of CERCLA and other laws. SITE RESPONSE ACTIVITIES At present, EPA is [planning to] conductfing] the following activities at the site: [Include a brief discussion of the major site response activities that will be conducted at the site. The time frame for activities and immediacy of the removal concept should be discussed.] WQRKPLAN AND DRAFT ADMINISTRATIVE ORDER A copy of EPA's [action memorandum] '[workplan] [scope of work] and draft administrative order are attached. This information is provided to assist you [and other PRPs] in negotiations with EPA. Work conducted by PRPs must be conducted according to a signed administrative order and an EPA-approved workplan. ------- 9834.10-lb DECISION NOT TO L'SE SPECIAL NOTICE L'nder CERCLA Section \22(e), EPA has the discretionary authority to invoke special notice procedures to formally negotiate the terms of an agreement between EPA and PRPs to conduct or finance response activities. .Use of these special notice procedures triggers a moratorium on certain EPA activities at the site while formal negotiations between EPA and the PRP or PRPs are conducted. In this case, EPA has decided not to invoke the Section 12Zfe) special notice procedures. It is EPA's policy not to use the special notice procedures for removals unless there is a 6-month planning lead time after the decision to respond and prior to the initiation of the action. Since the planning lead time prior to the initiation of this response action is less than 6 months, special notice procedures will not be used. [Any other reasons for not using the special notice procedures should also be included. If the response action does involve a removal, with a 6-month planning lead time, but the Agency made a case- specific determination not to use trie special notice procedures, the letter should provide an explanation why the use of such procedures was determined to be inappropriate for that particular response action.] Nonetheless, EPA is willing to discuss settlement opportunities without invoking a moratorium, but will initiate the response action as planned if such discussions do not lead to settlement expeditiousiy. INFORMATION TO ASSIST RESPONSIBLE PARTIES EPA would like to encourage good faith negotiations between the PRPs and EPA, and among the PRPs. To assist PRPs in preparing a proposal and in negotiating with EPA concerning this matter, EPA is providing the following information as attachments to this letter: [Eliminate, or limit, the description of any of the following items to the extent that the information is not currently available; in general, at a minimum, the first item should be available.] 1. A list of names and addresses of PRPs to whom this notification is being sent. This list represents EPA's preliminary findings on the identities of PRPs. Inclusion on, or exclusion from, the list does not constitute a final determination by EPA concerning the liability of any party for the release or threat of release of hazardous substances at the site. 2. To the extent such information is available, a list of the volume and nature of substances contributed by each PRP. This list is preliminary and subject to revision based on new information as. and if, it becomes available. ------- 9834.10-Lb 3. A ranking by volume of the substances at the facility, to the ext! such information is available. 4. A fact sheet that describes the site. PRP STEERINf? COMMITTED EPA recommends that all PRPs meet to select a steering committee responsible for representing the group's interests. Establishing a manageable group is critical for successful, expeditious, and efficient negotiations with EPA. [If EPA is organizing the initial meeting, insert details here.) Alternatively, we encourage each PRP to select one person from its company or organization who will represent its interests. DEMAND FOR PAYMENT U'ith this letter. EPA demands that you reimburse EPA for its costs incurred to date, and encourages you to voluntarily negotiate a consent decree in which you and other PRPs agree to perform the response action. In accordance with CERCLA, EPA already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions at the site]. The cost to date of the response actions performed at the site through EPA funding is approximately $ [state direct and indirect costs to date as specifically as possible]. In accordance with Section 107(a) of.CERCLA, demand is hereby made for payment of the above amount plus any and all interest recoverable under Section 107 or under any other provisions of law. You are potentially liable for additional costs plus interest if EPA conducts additional activities at the site. ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, [will be] [are] available to the public for inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.) ------- 9834.10-lb PRP RESPONSE AND EPA CONTACT You are encouraged to contact EPA by _____ to indicate your willingness to participate in future negotiations at this site. You may respond individually or through a steering committee if such a committee has been formed. If EPA does not receive a timely response, EPA will assume you do not wish to negotiate a resolution of your liabilities in connection with the response, and that you have declined any involvement in performing the response activities. You may be held liable under Section 107 of CERCLA for the cost of the response activities EPA performs at the site and for any damages to natural resources. The factual and legal discussions contained in this letter are intended solely for notification and information purposes. They are not intended to be and cannot be relied upon as final EPA positions on any matter set forth herein. Your response to this notice letter should be sent to: L'.S. Environmental Protection Agency [Name of Site Manager or Section Chief] [State] Superfund Section [Address] [Telephone Number] If you or your attorney have any questions pertaining to this matter, please direct them to . Sincerely, Attachments ------- 9834.10-Lb UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region [| [ADDRESS] NOTfCE OF POTENTIAL LIABILITY FOR REMOVAL AND USE OF SPECIAL NOTICE NEGOTIATION PROCEDURES I RGENT LEGAL MATTER - PROMPT REPLY NECESSARY CERTtFFED MAIL: RETURN RECEIPT REQUESTED [Date) [Name and Address of Potentially Responsible Party] [c o Registered Agent or Contact Person] Re: [Name of Site] [Address or location of Site] (the "Site") Dear [Name of PRP if an individual; "sir or madam" otherwise]: This letter confirms notification of potential liability, as defined by Section I07(a)vof the Comprehensive Environmental Response. Compensation, and Liability Act of 1980, 42 U.S.C. Section 9607(a), as amended (CERCLA), that you may incur or may have incurred with respect to the above-referenced site. Prior oral notification of potential liability was given to ( ) on ( ). This letter also notifies you of forthcoming removal activities at the site which you may be asked to perform or finance at a later date. NOTICE OF POTENTIAL LIABILITY The United States Environmental Protection Agency (EPA) has documented the release or threatened release of hazardous substances, pollutants, or contaminants at the above- referenced site. EPA has spent, or is considering spending, public funds on actions to investigate and control such releases or threatened releases at the site. Unless EPA reaches an agreement under which a potentially liable party or parties will properly perform or finance such actions, EPA may perform these actions pursuant to Section 104 of CERCLA. Under Sections I06(a) and 107(a) of CERCLA, 42 L'.S.C Sections 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act. 42 U.S.C Section 6973. as amended (RCRA), and other laws, potentially responsible parties (PRPs) may be obligated to implement response actions deemed necessary by EPA to protect the public health. ------- welfare, or the environment, and may be liable for all costs incurred by the government in responding to any release or threatened release at the site. Such actions and costs may include, but are not limited to. expenditures for investigation, planning, response. oversight, and enforcement activities. In addition. PRPs may be liable for damages to natural resources. EPA may .issue an administrative order pursuant to Section J06(aj -;-f CERCL.A to require PRPs to commence cleanup activities. Failure to comply -.van an administrative order issued under Section 106/a) of CERCLA may result in a fine of uo to 515.000 per day. under Section I06(b) of CERCL.A. or imposition of treble damages. under Section I0"(o(3). EP.A has evaluated information in connection with the investigation of the site. Based on this information. EPA believes that you may be a PRP with respect to this site. PRPs under CERCLA include current and former owners and operators of the site, as well as persons who arranged with another entity for disposal or treatment of hazardous substances sent to the site, or persons who accepted hazardous substances for transport to the site. By "this letter. EPA notifies you of your potential liability with regard to this matter and encourages you to voluntarily perform or finance those response activities that EP.A determines are necessary at the site. In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions and natural resource damage assessments at the site). EP.A may expend additional funds for response activities at the site under the authority of CERCLA and other laws. SITE RESPONSE ACTIVITIES -. At present. EPA is [planning to] conduct [ing] the following activities at the site: [Include a brief discussion of the major site response activities that will be conducted at the site. The time frame for activities and immediacy of the removal concept should be discussed.] SPECIAL NOTICE AND NEGOTIATIONS MORATORIUM t EPA has determined that use of Section 122(e) special notice procedures specified in CERCLA will facilitate a settlement between EPA and PRPs for this site. Therefore. according to CERCLA Section 122. this letter triggers a 60-day moratorium on certain ------- 9834.10-lb EPA response activities at the site. During this 60-day period, the PRPs, including y arc invited to participate in formal negotiations with EPA. You are also encouraged voluntarily negotiate a settlement providing for the PRPs, including yourself, to conduct or finance the response activities required at the site. The 60-day negotiation period ends on [date]. The 60-day negotiation moratorium will be extended for an additional 60 days if EPA determines the PRPs have provided EPA with a good faith offer to perform or finance the necessary response action. Should a 120-day negotiation moratorium take place, negotiations will conclude on [date]. If settlement is reached between EPA and the PRPs within the 120-day negotiation moratorium, the settlement will be embodied in a consent order. UQRKPLAN AND DRAFT ADMINISTRATIVE ORDER A copy of EPA's [action memorandum] [work plan] [scope of work] and draft a-dministrative order are attached. The information is provided to assist you and other PRPs in developing a good faith offer for conducting the removal. Work conducted by PRPs must be conducted according to a signed administrative order and an EPA- . approved work plan. GOOD FAITH OFFER As previously indicated, the negotiations moratorium triggered by this letter is extended for 60 days if, within the original 60 days, the PRPs submit a good faith offer to EPA. A good faith offer to conduct or finance the removal action is a written proposal that demonstrates the PRPs' qualifications and willingness to conduct or finance the removal, and includes the following elements: 1. A statement of willingness by the PRPs to conduct or finance the removal action, which is generally consistent with EPA's [work plan] [scope of work] and draft administrative order and provides a sufficient basis for further negotiations. 2. A paragraph-by-paragraph reply to EPA's faction memorandum] (work plan] [scope of work] and draft administrative order, including a response to any other attached documents such as an access agreement. 3. A detailed description of the [work plan] [scope of work] identifying how the PRPs plan to proceed with the work. 4. A demonstration of the PRPs' technical capability to carry out the removal action, including the identification of the firms that may ------- 9834.10-lb actually conduct the work or a description of the process they will use to select the firm. 5. A demonstration of the PRPs' capability to finance the removal action. 6. A statement of the PRPs' willingness to reimburse EPA for past costs and oversight costs at the site. The name, address, and phone number of the party or steering committee who will represent the PRPs in negotiations. DEMAND FOR PAYMENT With this letter. EPA demands that you reimburse EPA for its costs incurred to date, and encourages you to voluntarily negotiate a consent decree in which you and other PRPs agree to perform the response action. In accordance with CERCLA, EPA*already has undertaken certain actions and incurred certain costs in response to conditions at the site. These response actions include [describe response actions at the site]. The cost to date of the response actions performed at the site through EPA funding is approximately S [state direct and indirect costs to date as specifically as possible]. In accordance with Section 107(a) of CERCLA, demand is hereby made for payment of the above amount plus any and all interest recoverable under Section 107 or under any other provisions of law. You are potentially liable for additional costs plus interest if EPA conducts additional activities at the site. ADMINISTRATIVE RECORD Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that contains documents that form the basis of EPA's decision on the selection of a response action for a site. The administrative record files, which contain the documents related to the response action selected for this site, [will be] [are] available to the public for inspection and comment. The primary location is generally the EPA Regional office. [Include specific information regarding the location and availability of the record file.) INFORMATION TO ASSIST RESPONSIBLE PARTIES ft .-.'-. EPA would like to encourage good faith negotiations between the PRPs and EPA, and among the responsible parties. To assist PRPs in preparing a proposal and in negotiating ------- with EPA concerning this matter, EPA is providing the t'ollow.jng information as attachments to this letter: [Eliminate, or limit, the description of" any of the following items to the extent that the information is not currently available: in general, at a minimum, the first item should be available.] I. A list of names and addresses of PRPs to whom this notification is being sent. This list represents EPA's preliminary findings on the identities of PRPs. Inclusion on. or exclusion from, the list does not constitute a final determination by EPA concerning the liability of any party for the release or threat of release of hazardous substances at the site. 2. To the extent such information is available, a list of the volume and nature of substances contributed by each PRP. This list is preliminary and subject to revisions based upon new information as. and if, it becomes available. 3. A ranking by volume of the substances at the facility, to the extent such information is available. 4. A fact sheet that describes the site. PRP STEERING COMMITTEE EPA recommends that all PRPs meet to select a steering csmmittee responsible for representing the group's interests. Establishing a manageable group is critical for successful, expeditious, and efficient negotiations with EPA. [If EPA is organizing the initial meeting, insert details here.) Alternatively, we encourage each PRP to select one person from its company or organization who will represent its interests. PRP RESPONSE AND EPA CONTACT You are encouraged to contact EPA by to indicate your willingness to participate in future negotiations at this site. Otherwise, you have 60 calendar days from this notice to provide EPA in writing with a good faith offer demonstrating your willingness to conduct or finance response activities at the site and to participate in possible future negotiations. You may respond individually or through a steering ------- committee if such a committee has been formed. If EPA does not receive a timely response, EPA will, assume you do not wish to negotiate resolution of your liabilities in connection with the response, and that you have declined any involvement in performing the response activities. You may be held liable under Section 107 of CERCL.A for the cost of die response activities EPA performs at the site and for any damages to natural resources. Your response to this notice letter should be sent to: L'.S. Environmental Protection Agency [Name of Site Manager or Section Chief] [State) Superfund Section [Address] [Telephone Number] The factual and legal discussions contained in this letter are intended solely for notification and information purposes. They are not intended to be and cannot be relied upon as final EPA positions on any matter set forth herein. \ [f you or your attorney have any questions pertaining to this matter, please direct them to . Sincerely, Attachment ------- |