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

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_ ^— ^ 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

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  -•«*•'>
      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

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                                                 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.

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                                                        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

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                                                       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.  .

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                                                        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

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                                                        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],

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                                                         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.

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                                                         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

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                                                          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.

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                                                           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.

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                                                           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.

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                                                            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

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                                                           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

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                                                        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.

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                                                       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.

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                                                        '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.

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                                                        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

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                                                        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.

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                                                         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

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                                                      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.

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                                                        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.]

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•Attachments

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                                                      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

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                                                        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.]

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                                                              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.

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                                                         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,

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                                                          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

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                                                           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.

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                                                          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.

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                                                           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.)

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                                                            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

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                                                          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.

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 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

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                                                           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

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                                                          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

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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

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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

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