Revised hazardous-waste bankruptcy guidance, October 7, 1991

Technical Report · Mon Oct 07 04:00:00 EDT 1991

OSTI ID:6173469

The Agency's recent experience in CERCLA and RCRA bankruptcy actions has identified the need for updated and revised guidance on the scope of EPA's enforcement actions against bankrupt parties. The directive is intended to update the May 24, 1984 guidance 'CERCLA Enforcement Against Bankrupt Parties' and the guidelines on bankruptcy contained in the Cost Recovery Handbook 'Procedures for Documenting Costs for CERCLA Section 107 Actions,' January 30, 1985. The memorandum defines specific criteria for evaluating the merits of a potential bankruptcy referral; elaborates on the policy regarding settlement with bankrupt parties; reviews the recent judicial decisions in the areas of the automatic stay, abandonment, discharge, and claims of administrative expenses; and briefly describes how new enforcement theories which have been asserted by the Agency in recent pleadings.

• Research Organization: Environmental Protection Agency, Corvallis, OR (United States). Environmental Research Lab.
• OSTI ID: 6173469
• Report Number(s): PB-92-105485/XAB; OSWER DIRECTIVE--9832.8
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
290300* -- Energy Planning & Policy-- Environment
Health
& Safety
ADMINISTRATIVE PROCEDURES
COST BENEFIT ANALYSIS
ECONOMIC ANALYSIS
ECONOMICS
ENFORCEMENT
HAZARDOUS MATERIALS
LAWS
LEGAL ASPECTS
MANAGEMENT
MATERIALS
POLLUTION LAWS
RECOMMENDATIONS
RESOURCE RECOVERY ACTS
US SUPERFUND
WASTE MANAGEMENT