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Enforcement, Confidential - NC

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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."

93.99 Other

If the needed keyword code is not available, code to 93.99.

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