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
------- |