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.
- Issuance of the Interim Policy on Settlement of CERCLA Section 106(b)(1) Penalty Claims and Section 107(c)(3) Punitive Damages Claims for Noncompliance with Administrative Orders (PDF)(30 pp, 183 K)