oEPA
United States
environmental Protection
A^eocy
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
TITLE.' Consent Orders and the Reimbursement Provision
Utider Section 106(b) of CEECLA
APPROVAL DATE:
EFFECTIVE DATE:
ORIGINATING OFFICE:
Q FINAL
O DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
SB — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
SWER OSWER OSWER
DIRECTIVE DIRECTIVE Dl
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Unf|8€i StfsteS cnVlrCJllnienTai rrQieCttQn
Washington, DC 2(W«0
OSWER Directive Initiation Request
1 Directive Number
9833.2
Name Qt Contact Parson
Richard Hopen
Mail Coda
WH-S27
Office
reiephane Code
382-2035
3, Title
Consent orders and the Reimbursement provision under Section I06(b) of CERCLA
4, Summary 01 Directive (include briel statement of purport)
When EPA enters into a consent agreement with iotentially Responsible Parties
under Section I06(b) of CERCLA,, the consent agreement should include a provision
which prevents Potentially Responsible Parties from receiving reimbutsement for
response actions.
ITKiywords
CERCLA Section I06(b)(2), Riimburseaent
fa. Does This Directive Supersede Previous Direciive(s)?
b. Does It Supplement Previous Diractl«e
bate
EPA Perm 1315-tT (Rev, 5-87) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
* WASHINGTON. D.C. 20460
JUN 12 1987
MEMORANDUM OSWER* 9833.2
SUBJECT: Consent orders and the Reimbursement provision
Under Section 106(b) of CERCLA
FROM: Gene A. Lucero, Director
Office of Waste Programs Enforcemen
Steven Leifer, Acting Associate
Enforcement Counsel for Waste
. Office of Enforcement and Compliance Monitoring
TO: Addressees
The Superfund Amendments and Reauthorization Act (SARA)
amended section 106 of CERCLA to add section 106(b)(2).
This provision entitles persons to seek reimbursement from the
Superfund for costs spent in complying with section 106 orders
Congress included the provision as an incentive for PRP's to
take response actions even though they might disagree with
EPA's unilateral order. It preserves their right to contest
issues of liability or the nature of the response action at a
later date.
This memorandum provides guidance regarding terms of
consent orders to preclude parties who have signed consent
agreements to subsequently seek reimbursement, under section
106(b). To assure that parties to a consent order or decree
do not seek reimbursement by contesting issues of liability
in a later- reimbursement proceeding, consent orders should
contain: rile stipulation that the respondent(s) waives its right
to seek, -reimbursement under section 106. For example: "In
entering^into this Consent Order, the Respondent waives any
right to seek reimbursement under Section 106(b)(2) of CERCLA
for any past costs and costs incurred in complying with this
order."
Reimbursement issues under SARA will be addressed more
comprehensively in the specific guidance on the reimbursement
procedures, and in revisions to the August 1993 guidance on
Administrative Orders under §106.
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If you have any questions please call Rich Hopen at
382-2035.
Addressees: Directors, Waste Management Division,
Regions I, iv, V, VI, VII, ¥111
Director, Air & waste Management Division,
Region II
Directors, Hazardous Waste Management Division,
Regions III, X
Director, Toxic & waste Management Division, '
Region IX
Regional counsels,
Regions I-X
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