United States ' •'
Environmental Protection
Agency
Office of
Solid Waste and
Errergen,cv Response
&EPA
DIRECTIVE NUMBER:9225.0-3
TITLE: Notification of Restrictions on Re i:r.burseTr.ent of
Private Party Costs for Removal Actions
APPROVAL DATE: u/25/35
" •*
EFFECTIVE DATE: /I/2.5/25'
ORIGINATING OFFICE: OERR
E FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OS WER OS WER OS WER
E DIRECTIVE DIRECTIVE D
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«>EPA
United Slates Environmental Protection Agency
Washington. DC 20460
OSWER Directive Initiation Reauest
Interim Directive Number
Originator Information
Name ol Contact Person
Jackie Dziuben
Lead Office I |
0 OERR Q]
D osw [3
OUST
OWPE
AA-OSWER
Mail Code
VIH-548
Approvec
Telephone Number
382-2452
lor Review
Signature of Office Director
Data
Title
§
Notification of Restrictions on Reimbursement of Private Party Costs
for Removal Actions
Summary of Directive
Outlines the restrictive provisions of CERCLA regarding private party
reimbursement for removal costs. Directs the Regions to ensure affected
communities are informed of these provisions.
(Signed H. Longest, November 25, 1985)
Type of Directive (Manual. Policy Directive. Announcement, etc.)
Policy directive
Status
D Draft
Bpinal
LrfjNftWl
1 I Revision
If "Yes" to Either Question. What Directive (nu/nber. title)
' AA-OSWER
CD
OSW
U OUST
C] OWPS
Q Regions
D OECM
00GC
D OPPE
D
Other (Specify)
This Request Meets OSWER Directives System format
Signature ol Lead Office Directives Officer
Date
Signature of OSWER Directives C/lficer
/f .
Date
EPA Form 1*315-17(10-851
tr
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
25 1385
F OH
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Notification of Restrictions on Reimbursement of Private Party
Costs for Removal Actions /
FROM: Henry 1. Longest II, Director L-j f^, .
-Office of Emergency and RemedialOilpdlrisre (WH-543)
TO: Superfund Branch Chiefs, Regions I-X
Oil and Hazardous Materials Coordinators, Regions I-X
The purpose of this memorandum is to request that you ensure that
communities are informed of the restrictive provisions of CERCLA regarding
reimbursement of private party response costs in carrying out the NCR.
Attached is the statutory arid regulatory language governing privacy party
reimbursement. The requirement for prior approval conserves the Fund and
ensures that actions by others do not create further health or environmental
threats.
In several communities, residents paid the costs for hooking-up their
homes to the public water supply when local well water was found to be
contaminated. Since this action was taken without prior EPA approval, the
residents could not be reimbursed from the Fund, even though the actions
taken were approved in the scope of work for that removal.
To avoid such situations in the future, when a removal action that
will affect private residences is approved, the OSC shall attempt to notify
all residents involved that expenses incurred by residents are incurred at
their risk and expense, and are not reimbursable by the Federal government.
When time is sufficient for consideration of preauthorization requests,
the OSC should advise residents of CERCLA and NCR provisions regarding
private party reimbursement. Such notification might well involve printed
statements that on]y preauthorized actions by private parties are eligible
for reimbursement. Further, the OSC should be cautious in making statements^
that can be-construecT by community members as a promise by EPA to reimburse
them for cleanup costs.
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Most Superfund cleanup actions should be undertaken by the responsible
party, by a State under a duly authorized Sup-rfund contract or cooperative
agreement, or by EPA contractors. Very few private party preauthorizations
are anticipated, and those that are granted wil; occur under extraordinary
circumstances. Should Regional response personnel receive £ request for
preauthorization from a private citizen to undertake removal actions,
however, the request must he forwarded to Headquarters within five working
days of receipt. It should be sent to:
Wi lliaiTi 0. Ross
Hazardous Site Control Division {WH-5ASF)
U.S. Environmental Protection Agency
Washington, D.C. 20450
If you have any questions regarding this memorandum, please contact
Jackie Dziuban of the Emergency Response Division at (202) 332-2452.
Thank you for your cooperation in this matter.
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ATTACHMENT
Section 111(a)(2) of CERCLA provides that noney in the Fund may be used
for:
"payment of any claim for necessary response costs incurred by any
other person as a result of carrying out the national contingency
plan established under section 311(c) of Che Clean Hater Act arrd
amended by section 105 of this title: Provided, however, That such
costs must be approved under said plan am-! certified by the responsible
Federal official." (Emphasis in original)
Section 300.25(d) of the National Contingency Plan provides:
"If any person other than the Federal government or a State or person
operating under contract or cooperative agreement with the United
States takes response action and intends to seek reimbursement from
the Fund, such actions, to be in conformity with this Plan tor purposes
of section lll(a}(2) of CERCLA, may only he reimbursed if such person
notifies the Administrator of EPA or his/her uesicnse prior to taking
such action and receives prior approval t.o take such action."
(Emphasis supplied]
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