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Enforcement, Legal Documents - NL

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Glossary of terms relating to file structure phase activities and file categories

Descriptions of 30.00 - 30.99 SRC Folder Code HZ/SF/EN/NL NARA General Records Schedule  N1-412-94-3/6

Definition

A primary goal of the Superfund program is to place responsibility for the costs of cleaning up Superfund sites on those who contributed to the problem. EPA prefers to have the cleanup work performed by one or more of the Potentially Responsible Parties (PRPs). However, if the PRPs do not agree to perform the work under a judicial consent decree or Administrative Order on Consent (AOC), the Superfund law authorizes EPA to order PRPs to perform work.


SDMS Keyword (Click on the keyword to see description)

30.04 Access Agreement / Order
30.01 Administrative Order on Consent (AOC) (Remedial & Removal Work)
30.06 Agreement for Recovery of Past Response Costs
30.03 Consent Decrees (CD)
30.05 Filed Federal Liens
30.07 General Correspondence
30.02 Unilateral Administrative Order (UAO)

30.99 Other

SDMS Keyword Description

30.01 Administrative Order on Consent (AOC) (Remedial & Removal Work)
Legal documents that formalize an agreement reached between the EPA and one or more Potentially Responsible Parties (PRPs) to address, in whole or in part, the PRPs' responsibility for a site.

30.02 Unilateral Administrative Order (UAO)
Legal document issued by the EPA to require PRPs to undertake a response action. There must be an imminent and substantial endangerment to the public health or the environment before such an order can be issued. PRPs have a strong incentive to comply with UAOs since the Superfund law authorizes a court to award penalties and triple damages for non-compliance.

30.03 Consent Decree (CD)
A Consent Decree (CD) is a legal document, approved by a judge, that formalizes an agreement between EPA and one or more Potentially Responsible Parties (PRPs). It outlines the terms on which the PRP(s) will conduct all or part of a response action, pay for all or part of a response action, pay past costs, cease or correct actions or processes that are polluting the environment, or otherwise comply with regulations where the PRPs' failure to comply caused EPA to initiate regulatory enforcement actions.

30.04 Access Agreement / Order 
The EPA is given authority in CERCLA to obtain access to property that is contaminated or threatened with contamination for implementing response actions.  The access agreement should describe the activities that will occur and the planned restoration of the property, if any, upon completion.  Access agreements are valid only for the current landowner whose signature is on the agreement and do not transfer to future property owners.  NOTE: If an access agreement is generated during the Emergency Response (EM) phase, the agreement should be filed in the EM phase [13.29].  If an access agreement is generated during the Site Assessment phase, it is filed in the SA phase [10.17].

30.05 Filed Federal Liens
The lien provision is designed to facilitate the United States' recovery of response costs and prevent windfalls.  A statutory lien would allow the EPA to recover the enhanced value of the property and thus prevent the owner from realizing a windfall from fund cleanup and restoration activities.  After the EPA files notice of the federal lien, the EPA establishes its priority ahead of known and potential purchasers, holders of security interests, and judgment lien creditors whose interests have not been perfected.

30.06 Agreement for Recovery of Past Response Costs
An agreement with PRPs to recover past response costs such as all costs, including but not limited to direct and indirect costs, that EPA or the U.S. Department of Justice on behalf of EPA has paid at or in connection with the Site through a specified date plus accrued Interest on all such costs through such date.

30.07 General Correspondence
Any correspondence including letters, memoranda, notes, and record of communications generated or received by the EPA.

30.99 Other   
If the needed keyword code is not available, code to 30.99.

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