Guidance on landowner liability under Section 107(a)(1) of CERCLA, de minimis settlements under Section 122(g)(1)(b) of CERCLA, and settlements with prospective purchasers of contaminated property

Technical Report · Tue Jun 06 04:00:00 EDT 1989

OSTI ID:5285712

Reich, E E; Cannon, J Z

The purpose of the directive is to provide general guidance on landowner liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No.99-499 (SARA), 42 U.S.C. S9601 et seq., and to provide specific guidance on which landowners qualify for de minimis settlements under Section 122(g)(1)(B) and on structuring such settlements. Because the nature of a de minimis settlement with a landowner will differ substantially from a de minimis settlement with waste contributors, it will usually be more efficient to draft such agreements separately. In addition, because the Agency has received numerous requests from prospective purchasers of contaminated property for covenants not to sue, the memorandum sets forth Agency policy on this issue.

• Research Organization: Environmental Protection Agency, Washington, DC (United States). Office of Waste Programs Enforcement
• OSTI ID: 5285712
• Report Number(s): PB-91-139444/XAB; OSWER--9835.9
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
ADMINISTRATIVE PROCEDURES
CONSENT ORDERS
DECISIONS AND ORDERS
ENFORCEMENT
HAZARDOUS MATERIALS
LAND OWNERSHIP
LIABILITIES
MANAGEMENT
MATERIALS
OWNERSHIP
POLLUTION REGULATIONS
REGULATIONS
SUPERFUND
WASTE MANAGEMENT