Transmittal memorandum and policy document for settling noncompliance with administrative orders under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) § 106(b)(1) civil penalty and § 107(c)(3) punitive damages claims. Issued 9/30/1997.
Civil penalties may be sought when EPA enforces a CERCLA section 106(a) administrative order, and punitive damages may be sought when Superfund monies have been spent as a result of noncompliance with an administrative order. The policy does not alter existing policy on the collection of stipulated penalties.You will need Adobe Reader to view some of the files on this page. See EPA’s About PDF page to learn more.