Cleanup Enforcement

EPA can order parties to perform cleanup work under the following circumstances:

• If potentially responsible parties (PRPs) do not agree to perform the cleanup work through a judicial consent decree or an Administrative order on consent (AOC), or
• refuse to perform work they previously agreed to perform under a settlement agreement

These orders, known as Unilateral Administrative Orders (UAOs), require parties to undertake a response action, either a short or long-term cleanup.

EPA can issue a UAO when it finds there may be an imminent and substantial endangerment to the public health or the environment.

If PRPs do not comply with a UAO, courts may:

1. assess penalties,
2. require the PRP to pay up to 3 times what it cost EPA to do the cleanup (treble damages),
3. issue a judicial order requiring cleanup.

EPA policy documents, along with model language documents for UAOs are available from the Superfund cleanup policy and guidance database.