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
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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
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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
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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,
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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
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