UNITED STATES ENVIRONMENTAL PROTECTION AGtNCY
WASHINGTON, O.C. 20460
JUL ! 2 1985
MEMORANDUM
SUBJECT: Small Cost Recovery Referrals
FROM: Frederick F. Stiehl
Associate Enforcement Counsel for Waste
Office of Enforcement and Compliance Monitoring
Gene A. Lucero, Director (r>vML r»-
Office of Waste Programs Enforcement
Office of Solid Waste and Emergency Response
TO: Regional Counsels, Regions I-X
Regional Waste Management Division Directors.
Regions I-X
Based on discussions among our staff and Regional
enforcement personnel, it appears that confusion exists
regarding Agency policy on referring CERCLA cost recovery
cases valued at less than $200,000. Apparently, a few of the
Regions believe that Headquarters will not accept these cases
because the December 5, 1984, Interim CERCLA Settlement Policy
(1) places a high priority on large dollar amount cases (see
the section on targets for litigation (p. 17), which discusses
referring cases involving a "significant" amount of money),
and (2) references the possibility that cases under $200,000
could be handled administratively.
Although the Agency has placed a higher priority on
referring cost recovery cases with expenditures in excess of
$200,000, there are situations where referring small cost
recovery actions is entirely appropriate. For example, where
we have initiated settlement discussions which have failed to
produce a settlement because of the recalcitrance of the
responsible parties, referral would generally be appropriate to
demonstrate the Agency's commitment toward enforcement as a
vehicle to compel private party response at CERCLA sites. In
addition, where a Region has no cases for more than $200,000,
where an enforcement presence would serve a deterrent effect,
where a Region's other enforcement priorities allow for the
expenditure of resources to support a small cost recovery case,
or where the circumstances are ripe for testing some important
aspect of law, referral of such a case would be appropriate.
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As you kn~ , the Agency is working toward providing the
Regions with both the tools and the authority to settle small
cost recovery cases (up to $500,000) administratively. To
ensure that such administrative resolutions are attractive
options for responsible parties, however, the Agency oust be
prepared to take judicial action against those who do not
settle on terms acceptable to the Agency. Under such circum-
stances, small cost recovery actions will take on an even
greater importance, since it will be necessary to show the
regulated community that the Agency is serious about pursuing
small cost recovery cases in the judicial, as well as the
administrative, forum. In furtherance of that effort, our
offices and the Department of Justice are prepared to fully
support small cost recovery cases referred by the Regions which
further program goals and are^ otherwise consistent with Agency
policy. ~ -
For nest of you this memorandum simply confirms operating
guidance which you are already following. We wanted to ensure,
however, that the Settlement Policy did not create any undue
reluctance on the part of the Regions to develop small cost
recovery cases for referral.
cc: David T. Buente, Department of Justice
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