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Enforcement, Confidential - NC
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OP | RA | RD | RI | RR | RT | SA | WP |
Confidential Documents | |||||||
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Glossary of terms relating to file structure phase activities and file categories
Descriptions of 93.00 - 93.99 | SRC Folder Code HZ/SF/EN/NC | NARA General Records Schedule N1-412-94-3/6 |
Definition
These are any enforcement documents that are Not For Public Release that are prepared by the Enforcement staff. These are any documents that relate to enforcement and are privileged in litigation. These documents may interfere with enforcement actions or identify an informant. Once this information is released, it can never be withheld again and should be moved to the appropriate public phase. Correspondence related to enforcement that is not releasable to the public should be coded to this phase; but, if the correspondence relates to any of the more specific topics in this section, code it to that keyword code.
SDMS Keyword (Click on keyword to see description)
93.10 Baseline
Potentially Responsible Party (PRP) Search
93.06 Briefing,
Deliberative Issues, Fact Sheets, Tuesday Issues
93.09 Confidential
Correspondence (General)
93.07 Cost
Recovery Decision Document (CRDD)
93.03 Department
of Justice Referral
93.04 Enforcement
Attachment for Action Memorandum
93.08 Enforcement
First Report
93.05 Enforcement
Strategies
93.01 Monthly
Site Status Summaries
93.02 Potentially
Responsible Party (PRP) Search (Interim Final)
93.99 Other
SDMS Keyword Description
93.01
Monthly Site Status Summaries
This
is the monthly summary by the Enforcement Officer of enforcement work
done at the site.
93.02 Potentially
Responsible Party (PRP) Search (Interim Final)
The Interim Final PRP search report is an
expanded version of the baseline PRP search report. It includes
substantial information on generators and transporters and focuses specifically
on establishing liability and financial viability. The PRP search
report is comprised of documents that identify any party that could be
responsible for the hazardous waste and could be sent notice letters.
It includes title documents, manifests, or other evidence of liability.
Usually the PRP Search report is marked as a DRAFT. Additional DRAFTs
are compiled as supplemental work is performed and as more evidence is
uncovered. A final version is rarely compiled and each draft contains
additional information; therefore, a copy of all drafts are kept.
93.03 Department
of Justice Referral
This
is a request to the Department of Justice (DOJ) to file a complaint against
a PRP. It includes copies of documents to support the case being
made.
93.04 Enforcement
Attachment for Action Memorandum
This
is an attachment to the Action Memorandum
for the Emergency Response action that details enforcement strategy.
This is pre-decisional and therefore not releasable under the Freedom
of Information Act.
93.05 Enforcement
Strategies
This
is a memorandum or record of communication (ROC) that documents a plan
for enforcement action on a site.
93.06 Briefing,
Deliberative Issues, Fact Sheets, Tuesday Issues
EPA
staff-generated information or status summaries which are used to brief
various levels of management about a site.
93.07 Cost
Recovery Decision Document (CRDD)
A
CRDD consists of an internal enforcement team memorandum to the Chief
of Cost Recovery Section and the CRDD itself is signed by Branch Chiefs
and the Division Director. The CRDD documents the decision and rationale
not to pursue cost recovery and writes off the costs.
93.08 Enforcement
First Report
An
Enforcement First Report is in the form of a memorandum which provides
information on or an update of the status of Enforcement First Activities
at the site, including the efforts that have been made and/or will be
made to identify PRPs associated with the site and to compel such PRPs
to undertake and/or contribute to the investigation and clean-up of the
site. This memorandum report is considered a completion of a PRP
Search.
93.09 Confidential
Correspondence (General)
Correspondence
related to enforcement activities that is not releasable to the public.
Correspondence can be letters, internal memoranda, handwritten notes,
and ROCs.
93.10 Baseline
Potentially Responsible Party (PRP) Search
The baseline PRP search report contains a concise summary of information
obtained from the baseline search activities which includes records collection,
interviews with government officials, title searches, and using online
resources such as Lexis/Nexis, Information America, CDB Infotek.
The baseline PRP search report provides information on owner/operators
and leads on generators and transporters which enable the Agency to assess
the extent and nature of gaps in PRP liability data. Through a combination
of interviews, records collection, and information requests, additional
information on owners and operators and the names of possible generators
and transporters can be further developed in the second phase of
the PRP search. The report should be stamped "Enforcement Confidential,
FOIA Exempt, Prepared in Anticipation of Litigation."
If the needed keyword code is not available, code to 93.99.