Unittd State*
                Environmental Protection
                Agency
Off ice of
Solid Waste and
Emergency Response
      oEPA
                  DIRECTIVE NUMBER:  9891. l-la

                  TITLE: Procedures for Transmittal of CEK2A and RCRA
                      Civil Judicial Enforcement Case Packages to
                      Headquarters
                                         i
                  APPROVAL DATE:  June 12, 1989

                  EFFECTIVE DATE:  June 12, 1989

                  ORIGINATING OFFICE:  OWPE

                  SPINAL

                  D DRAFT

                   LEVEL OF DRAFT
                       - Signed by AA or DAA
                    0 8 — Signed by Office Director
                    U C — Review & Comment

                 REFERENCE {other documents):
                 Supplements Directive # 9891.1 "Expanded Civil Judicial
                 Referral Procedures Dated 8/28/86
  OSWER      OSWER       OSWER
VE    DIRECTIVE    DIRECTIVE   Dl

-------
              United Stales
              Environmental Protection
              Agency
               Office of
               Solid Waste and
               Emergency Response
  xv EPA
 DIRECTIVE NUMBER:   9891.l-la

 TITLE:  Procedures for Transmittal of CERCLA and RCRA
       Civil Judicial Enforcement Case Packages to
       Headquarters

 APPROVAL DATE:   June 12, 1989

 EFFECTIVE DATE:   June 12, 1989

 ORIGINATING OFFICE:  OWPE

0 FINAL

D DRAFT

  LEVEL OF DRAFT

    QA — Signed by AA or DAA
    08 — Signed by Office Director
    DC — Review & Comment

REFERENCE (other documents):            . . ,
 Siiipplements Directive  # 9891.1 "Expanded Civil Judicial
 Referral Procedures Dated 8/28/86
S WER        OSWER        OSWER
   DIRECTIVE    DIRECTIVE    Dl

-------
       o-EPA
          United SUm Environmental Protection Agency
                 Washington. DC 204Ť0
QSWER Directive initiation Request
                    1. Directive Number

                    9891.1-la
                                  2. Originator Information
      Name of Contact Penan
                  Mail Code
                  OS-510
      3. Title
Office
OWPE/QECM
Telepnone Code
  3824819
        Procedures for Transmittal of CERIA and RCRA Civil Judicial Enforcement Case
        Packages to Headquarters
      4. Summary of Directive (include bnef statement of purpose)
         Clarifies which CERCLA and RCRA referral and settlement documents are to be sent
         to whan at Headquarters.
      i. Keywords
      Referrals,  settlements,  consent decrees.
      oa. uoes i nis uirecuve auperseae rrevious uireciive(S);
                                             No
                                   Yes   What directive (number, title)
       b. Don It Supplement Previous Directive(s)?
                                         |[ No    | x | YŤ    What directive (number. We)
        Directive  9891.1 Expanded Civil Judicial Referral Procedures Date 8/28/86
       Draft Level
           A - Signed by AA/DAA      X 9 _ Signed by Office Director   [   | C - For Review & Comment   |   [ D - In Development
            8. Document to be distributed to States by Headquarters?  I   IYn
                                                       x
                             No
TMs Request Meets OSWEH Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
JX<— ^.>^o- 6ouUL<^,rxj5y
10. Name and Title of Approving Official
Date
t/^hi
Date
      EPA Form 1315-17 (Rev. 5-67) Previous editions are obsolete.
                                                   AWBERC LIBRARY
                                                       U.S. EPA
                                               26 W.  MARTIN LUTHER  KING 0??,
                                                 CINCINNATI, OHIO.  45268
   OSWER           OSWER               OSWER               O
VE    DIRECTIVE          DIRECTIVE        DIRECTIVE

-------
            UNITED STATES ENVIRONMENTAL PROTECTION

                        WASHINGTON, D.C. 20460
                                                   OSWER DIRECTIVE 9891. 1-la
MEMORANDUM
SUBJECT:
FROM:
           Procedures for Transmittal of CERCLA and RCRA civil
           Judicial Enforcement Case Packages to Headquarters
TO:
           Glenn L. Unterberger
           Associate Enforcement Counsel for Waste
           Office of Enforcement and Compliance Monitoring
           Bruce M. Diamond, Director  _^
           Office of Waste Programs Enforcement
           Office of Solid Waste and Emergency Response

           Regional Counsel
           Hazardous Waste Management Division Directors
      The purpose of this memorandum is to clarify which CERCLA
and RCRA referral and settlement documents are to be sent to
whom at Headquarters.  We believe that employing standard
practices under this clarification will help us promptly receive
copies of these important documents and enable us to perform our
functions of oversight of and assistance with the waste
enforcement process in a timely manner.  Timely receipt of  this
information will assist us  in identifying and analyzing national
and precedential issues, tracking and reviewing trends in direct
referrals and settlements in general, and evaluating and refining
existing delegations.

      Effective immediately, at the same time you send a copy  to
the Department of Justice,  please send one separate copy to
OECM and one to OWPE of each of the following materials:

      1. All direct CERCLA  and RCRA referrals  (send copies
         of attachments to  OECM only);

      2. All bankruptcy referrals relating to CERCLA and RCRA
         claims (send copies to OECM only);
      3. All CERCLA and RCRA pre-referral  negotiation packages;
         and,

-------
                                          OSWER DIRECTIVE # 9891.1-la


                              - 2 -
      4. All signed CERCLA consent decrees for which EPA has
         delegated settlement authority to the Regional level
         (with accompanying "10-Point Settlement Analyses" for
         CERCLA decrees.)

      In addition, please send the original to OECM and one copy
to OWPE of each of the following materials for Headquarters
approval or concurrence:

      1. All non-direct CERCLA and RCRA referrals (send copies of
         attachments to OECM only), and

      2. All signed CERCLA and RCRA consent decrees for which
         Headquarters holds concurrence or approval authority
         (with accompanying "10-Point Settlement Analysis for
         CERCLA decrees.)

      Please address the OECM packages to the "Assistant
Administrator for Enforcement and Compliance Monitoring (LE-
133)."  Please address the OWPE packages to "Director, Office of
Waste Programs Enforcement (OS-500).

      Thank you for your assistance.  Your cooperation in this
matter will significantly assist us with our communications with
your offices and with the Department of Justice.

cc:   David Buente, DOJ
     ORC Waste Branch Chiefs

bcc: OECM-Waste Attorneys

-------