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Enforcement, Case Development - ND

AF AS BR CL CR DL DO DP
EM ER FE FI GU HE HI LG
LP NA ND NL NM NP OF OM
OP RA RD RI RR RT SA WP
Confidential Documents
BC CC DC FC LC NC PC SC

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

Descriptions of 39.00 - 39.99 SRC Folder Code HZ/SF/EN/ND NARA General Records Schedule  N1-412-94-3/6

Definition

These are documents used by enforcement and legal staff to build a case against a potentially responsible party (PRP) and preserve case development materials, such as, affidavits or depositions taken during legal actions for other sites or toxic tort suits.  Correspondence to and from non-PRPs to develop site history information or PRP liability/viability information is filed here and generally includes all informal discovery (e.g., title search, deed recordation, waste-in list, etc.).

Emergency Preparedness and Community Right-to-Know Act (EPCRA) case files, once completed, should be filed in this phase.  EPCRA establishes requirements for Federal, State and local governments, Indian Tribes, and industry regarding emergency planning and "Community Right-to-Know" reporting on hazardous and toxic chemicals. The Community Right-to-Know provisions help increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment.


SDMS Keyword (Click on keyword to see description)

39.01 Court Documents
39.02 Site Ownership Documentation
39.03 Title Searches
39.04 Waste-in List
39.05 Interviews
39.06 General Correspondence

39.99 Other


SDMS Keyword Description

39.01 Court Documents
These are court records and documents that relate to or involve the site, the PRP(s), or the hazardous wastes, but do not involve the EPA.  Examples are cases involving the PRP and the State, or the PRP and individuals.  Use this category for court records after a site is on the NPL list, see History (HI) [11.01] for court cases during the pre-NPL or non-NPL phase.

39.02 Site Ownership Documentation
A document relating to the current and/or past ownership of the property in question.  Can include property titles, deeds, property tax rolls, etc.

39.03 Title Searches
A report identifying ownership history of the site and/or surrounding areas.  Often these are done for specified time periods, such as 1930 to date.  The title search may be a part of a PRP search and therefore would be filed in Enforcement Confidential (NC) phase.

39.04 Waste-in List
A listing of PRPs with the names and addresses of all PRPs, the volumes and types of substances sent to the site by each PRP, and the volumes of all substances present at the site. A waste-in list gives the volume and nature of substances contributed by each PRP identified at a facility. A volumetric ranking is a ranking by volume of the hazardous substances at a facility.  When available, waste-in information is sent to the PRPs before formal negotiations to expedite a settlement agreement.

39.05 Interviews
During the various phases of the PRP search, current and past government officials, current and past employees, and current PRPs can be interviewed to gather supplemental information regarding business practices at the site.  Interviews of nearby industries and commercial entities may also yield information regarding hazardous substances used at the site.  Additionally, witnesses can be interviewed whose accounts can lead to new information and new PRPs.

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

39.99 Other  
If the needed keyword code is not available, code to 39.99.

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