Enforcement

Guidance: Landowner Liability under Section 107(a)(1) of CERCLA, De Minimis Settlements under Section 122(g)(1)(B) of CERCLA and Settlements with Prospective Purchasers of Contaminated Property

Guidance sets forth EPA's policy on landowner liability, and settlement with de minimis landowners under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). The guidance analyzes the statutory language in sections 107(b)(3) and 101(35) - defenses to Superfund liability, and section 122(g)(1)(B) - authority to enter into de minimis settlements. Issued 6/6/1989.  

(The discussion in this document concerning prospective purchaser agreements (PPAs) is superseded by the 5/24/1995 Guidance on Agreements with Prospective Purchasers of Contaminated Property (PDF). The model documents included with the 1989 policy were updated May 13, 2004 - See the transmittal memo for Revised Model CERCLA De Minimis Landowner Consent Decree and Revised Model CERCLA De Minimis Landowner Administrative Order on Consent (PDF).)

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