[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Notices]
[Pages 1381-1386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-487]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6512-7]
Announcement and Publication of a Standard Letter To Be Sent to
Parties Requesting a Prospective Purchaser Agreement (PPA); a Checklist
of Information Generally Required Before a PPA Can Be Negotiated; and a
Revised Model PPA Announced by EPA on October 1, 1999
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: To further promote the reuse of CERCLA sites, EPA is
streamlining the process for evaluating and negotiating Prospective
Purchaser Agreements (PPAs). On October 1, 1999, EPA issued a standard
letter to be sent to parties requesting PPAs (Attachment A); a proposed
checklist of information needed by EPA to evaluate requests (Attachment
B); and a revised Model PPA (Attachment C).
The full text of these three documents follow.
FOR FURTHER INFORMATION CONTACT: For information on the letter and
checklist, contact David Gordon in the Office of
[[Page 1382]]
Site Remediation Enforcement, Policy and Program Evaluation Division at
202-564-5147; and for information on the Model PPA contact Helen
Keplinger in the Office of Site Remediation Enforcement, Regional
Support Division at 202-564-4221.
SUPPLEMENTARY INFORMATION: In 1995, EPA published the Guidance on
Agreements with Prospective Purchasers of Contaminated Property (60 FR
34792, July 3, 1995). This document and other PPA materials can be
found on the Office of Site Remediation Enforcement's web page at
http://es.epa.gov/oeca/osre/ (Open the links to Policy and Guidance
Documents and then CERCLA, Liability).
Dated: December 23, 1999.
Barry Breen,
Director, Office of Site Remediation Enforcement.
Attachment A
Dear [insert requester's name]:
The United States Environmental Protection Agency (EPA), Region
[__] has received your [insert date] request for a covenant not to sue
for potential Superfund liability relating to [certain real property]
that you intend to acquire. EPA will evaluate your request for a
covenant not to sue in accordance with EPA's Guidance on Settlements
with Prospective Purchasers of Contaminated Property. This guidance and
a model Prospective Purchaser Agreement (PPA) may be found on EPA's web
page at http://es.epa.gov/oeca/osre/. (Open the links to Policy and
Guidance Documents and then CERCLA, Liability.) Alternatively, I would
be happy to provide you with copies of the guidance and model upon your
request.
Attached to this letter is a checklist of information EPA may need
in order to evaluate your request in a timely manner. After receiving
this information, EPA will determine whether a PPA may be appropriate,
or EPA may seek additional information from you in order to complete
this evaluation. Where EPA determines that a PPA may be appropriate,
EPA will inform the United States Department of Justice (DOJ) of the
request and draft a PPA which will be mailed to you or your counsel. In
order for the PPA to become effective, DOJ approval is required. In
addition, as noted in the guidance, EPA will notify and solicit input
from the public on a PPA whenever feasible.
I look forward to the receipt of the requested information so that
EPA can begin its evaluation process. Please do not hesitate to contact
me if you have any questions about the requested information, the PPA
process, or the guidance referenced above. I can be reached at [phone
number].
Enclosure (check list)
Sincerely yours,
[Title]
Attachment B--Checklist of Documents for PPA Evaluation
In order to evaluate your request that the United States enter into
a Prospective Purchaser Agreement (PPA), EPA requests the following
information:
1. Provide your name, address, telephone number, and, if
represented, counsel's contact information.
2. Describe the real property to be acquired and state whether it
is the same property that has been, is being, or will be addressed by
the Superfund response, or a smaller (or larger) parcel. (If known,
please provide the CERCLIS database identification number for the
site.)
3. Include copies of any environmental studies done on the
property.*
---------------------------------------------------------------------------
* Regions may omit the request for copies of studies when they
have sufficient information on the property's environmental
condition.
---------------------------------------------------------------------------
4. Describe the proposed use for the property including whether
there will be a new use or continuation of the present use. If wastes
containing hazardous substances will be generated by the new or
continued use, please describe what those wastes are, how they will be
managed on site, and how such wastes will be ultimately disposed.
5. Describe how the proposed use of the property may benefit the
surrounding community through, for example, abating environmental
concerns, creating jobs, and increasing the local tax base.
6. Indicate whether you plan to purchase or lease the property from
the current owner, and summarize the terms of the agreement. Include
the proposed purchase or lease price, and identify who will receive the
proceeds of the sale or lease.
7. If you plan to purchase the property and then lease it to
another party, provide the name, contact information, and proposed use
of the property by the anticipated lessee. Also, describe any plans to
resell the property, and if known, the name, contact information, and
proposed use of the property by the subsequent purchaser.
8. Describe any affiliations with the current or previous owner(s)
and activities you have conducted at the site.
9. Indicate the value of the property after the anticipated cleanup
is complete and include appropriate documentation such as an appraisal
report.
10. Describe any encumbrances on the property such as tax liens,
mortgages, etc.
11. Indicate the proposed date of property transfer and the date by
which a PPA is needed.
12. Provide any additional information or documentation that the
requester believes may be useful to EPA in evaluating your request.
Please Note: EPA may request additional financial or other information
at later date.
Attachment C--[Model PPA/Revised 9-30-99] United States
Environmental Protection Agency Region ____
In the Matter of: [name of Superfund Site]. Under the authority
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9601, et seq., as amended. [state
law, if appropriate]
[Docket Number]
Agreement and Covenant Not To Sue [Insert Settling Respondent's
Name]
I. Introduction
This Agreement and Covenant Not to Sue (``Agreement'') is made and
entered into by and between the United States on behalf of the
Environmental Protection Agency (``EPA'') [state of ____] and
____________ [insert name of Settling Respondent] (collectively the
``Parties'').
This Agreement is entered into pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (``CERCLA''), 42 U.S.C. 9601, et seq. [If the state is a party,
insert ``The State of ________, enters into this Agreement pursuant to
[cite relevant state authority.]'' and make appropriate reference to
state with respect to affected provisions, including payment or work to
be performed] and the authority of the Attorney General of the United
States to compromise and settle claims of the United States.
[Provide introductory information, consistent with Definitions and
Statement of Facts, about the party purchasing the contaminated
property including, name (``Settling Respondent''), address, corporate
status if applicable and include proposed use of the property by
prospective purchaser. Provide name, location and description of Site.]
[[Page 1383]]
The Parties agree to undertake all actions required by the terms
and conditions of this Agreement. The purpose of this Agreement is to
settle and resolve, subject to reservations and limitations contained
in Sections VII, VIII, IX, and X [If this Agreement contains a separate
section for Settling Respondent's reservations, add section number],
the potential liability of the Settling Respondent for the Existing
Contamination at the Property which would otherwise result from
Settling Respondent becoming the owner of the Property.
The Parties agree that the Settling Respondent's entry into this
Agreement, and the actions undertaken by the Settling Respondent in
accordance with the Agreement, do not constitute an admission of any
liability by the Settling Respondent.
The resolution of this potential liability, in exchange for
provision by the Settling Respondent to EPA [and the state] of a
substantial benefit, is in the public interest.
II. Definitions
Unless otherwise expressly provided herein, terms used in this
Agreement which are defined in CERCLA or in regulations promulgated
under CERCLA shall have the meaning assigned to them in CERCLA or in
such regulations, including any amendments thereto.
1. ``EPA'' shall mean the United States Environmental Protection
Agency and any successor departments or agencies of the United States.
2. ``Existing Contamination'' shall mean any hazardous substances,
pollutants or contaminants, present or existing on or under the Site as
of the effective date of this Agreement. [When defining ``Existing
Contamination,'' determine if the difference in size between ``Site''
and ``Property'' is such, with Property much smaller than Site, that
the Covenant Not to Sue should be appropriately limited to the
``Property.'' If so, substitute the following language. ``Existing
Contamination'' shall mean:
a. any hazardous substances, pollutants or contaminants present or
existing on or under the Property as of the effective date of this
Agreement;
b. any hazardous substances, pollutants or contaminants that
migrated from the Property prior to the effective date of this
Agreement; and
c. any hazardous substances, pollutants or contaminants presently
at the Site that migrate onto or under or from the Property after the
effective date of this Agreement.]
3. ``Institutional Controls'' shall mean [when Institutional
Controls are part of the consideration for the Agreement, it may be
appropriate to use language from the Model CD for RD/RA to ensure
enforceable institutional controls provisions. It may be necessary to
use a separate agreement for the specific Institutional Controls being
required. The Access/Notice provisions in Section V have also been
changed pursuant to recommendation of the Institutional Controls
Workgroup.]
4. ``Parties'' shall mean the United States on behalf of EPA [State
of ____________], and the Settling Respondent.
5. ``Property'' shall mean that portion of the Site, encompassing
approximately ____ acres, which is described in Exhibit 1 of this
Agreement.
6. ``Settling Respondent'' shall mean ____________.
7. ``Site'' shall mean the [Superfund] Site encompassing
approximately ________ acres, located at [address or description of
location] in [name of city, county, and State], and depicted generally
on the map attached as Exhibit 2. The Site shall include the Property,
and all areas to which hazardous substances and/or pollutants or
contaminants, have come to be located [provide a more specific
definition of the Site where possible; may also wish to include within
Site description structures, USTs, etc].
8. ``United States'' shall mean the United States of America, its
departments, agencies, and instrumentalities.
III. Statement of Facts
9. [Include only those facts relating to the Site that are relevant
to the covenant being provided the prospective purchaser. Avoid adding
information that relates only to actions or parties that are outside of
this Agreement.]
10. The Settling Respondent represents, and for the purposes of
this Agreement EPA [and the state] relies on those representations,
that Settling Respondent's involvement with the Property and the Site
has been limited to the following: [Provide facts of any involvement by
Settling Respondent with the Site, for example performing an
environmental audit, or if Settling Respondent has had no involvement
with the Site so state.].
IV. Payment
11. In consideration of and in exchange for the United States'
Covenant Not to Sue in Section VIII herein [and Removal of Lien in
Section XXI herein, provided that is part of the consideration for this
Agreement], Settling Respondent agrees to pay to EPA the sum of
$____________, within____ days of the effective date of this Agreement.
[Add separate Work section if the consideration is work to be
performed.] The Settling Respondent shall make all payments required by
this Agreement in the form of a certified check or checks made payable
to ``EPA Hazardous Substance Superfund,'' referencing the EPA Region,
EPA Docket number, and Site/Spill ID# ____________ [insert 4-digit no.;
first 2 numbers represent Region, second 2 numbers are Region's Site/
Spill ID no.], [DOJ case number ____________, if applicable] and name
and address of Settling Respondent. [insert Regional Superfund Lockbox
address where payment should be sent]. Notice of payment shall be sent
to those persons listed in Section XV (Notices and Submissions) and to
EPA Region ____ Financial Management Officer [insert address].
12. Amounts due and owing pursuant to the terms of this Agreement
but not paid in accordance with the terms of this Agreement shall
accrue interest at the rate established pursuant to Section 107(a) of
CERCLA, 42 U.S.C. 9607(a), compounded on an annual basis.
[____.] [Work To Be Performed]
[Include this section and other appropriate provisions relating to
performance of the work, such as financial assurance, agency approvals,
reporting, etc., where work to be performed is the consideration for
the Agreement.
____. Statement of Work attached as Exhibit 3.]
V. Access/Notice to Successors in Interest
13. Commencing upon the date that it acquires title to the
Property, Settling Respondent agrees to provide to EPA [and the state]
its authorized officers, employees, representatives, and all other
persons performing response actions under EPA [or state] oversight, an
irrevocable right of access at all reasonable times to the Property and
to any other property to which access is required for the
implementation of response actions at the Site, to the extent access to
such other property is controlled by the Settling Respondent, for the
purposes of performing and overseeing response actions at the Site
under federal [and state] law. EPA agrees to provide reasonable notice
to the Settling Respondent of the timing of response actions to be
undertaken at the Property. Notwithstanding any provision of this
Agreement, EPA retains all of its access authorities and rights,
including enforcement authorities related thereto, under CERCLA, the
Solid Waste Disposal Act, as amended by the Resource
[[Page 1384]]
Conservation and Recovery Act, 42 U.S.C. 6901 (``RCRA'') et seq., and
any other applicable statute or regulation, including any amendments
thereto.
14. With respect to any Property owned or controlled by the
Settling Respondent that is located within the Site, within 15 days
after the effective date of this Agreement or the date of acquisition
of any Property, whichever date is later, the Settling Respondent shall
submit to EPA for review and approval a notice to be filed with the
Recorder's Office [or Registry of Deeds or other appropriate office],
____________ County, State of ________________, which shall provide
notice to all successors-in-title that the Property is part of the
Site, that EPA selected a remedy the Site on ____________, and that
potentially responsible parties [or if Fund financed, so state] have
entered a Consent Decree requiring implementation of the remedy. Such
notice(s) shall identify the United States District Court in which the
Consent Decree was filed, the name and civil action number of the case,
and the date the Consent Decree was entered by the Court. [Language in
this paragraph may differ for pre-remedial sites. Carefully review the
status of any response action for the property subject to the PPA and
provide the appropriate information.] The Settling Respondent shall
record the notice(s) within 10 days of EPA's approval of the notice(s).
The Settling Respondent shall provide EPA with a certified copy of the
recorded notice(s) within 10 days of recording such
notice(s).1
---------------------------------------------------------------------------
\1\ Regions negotiating PPAs for Sites that may be owned by one
person but controlled by another should discuss appropriate language
for this Paragraph with Headquarters.
---------------------------------------------------------------------------
15. The Settling Respondent shall ensure that assignees, successors
in interest, lessees, and sublessees of the Property shall provide the
same access and cooperation [including any Institutional Controls]. The
Settling Respondent shall ensure that a copy of this Agreement is
provided to any current lessee or sublessee on the Property as of the
effective date of this Agreement and shall ensure that any subsequent
leases, subleases, assignments or transfers of the Property or an
interest in the Property are consistent with this Section, and Section
XI (Parties Bound/Transfer of Covenant), of the Agreement [and where
appropriate, Section ____ (Work to be Performed)].
VI. Due Care/Cooperation
16. The Settling Respondent shall exercise due care at the Site
with respect to the Existing Contamination and shall comply with all
applicable local, State, and federal laws and regulations. The Settling
Respondent recognizes that the implementation of response actions at
the Site may interfere with the Settling Respondent's use of the
Property, and may require closure of its operations or a part thereof.
The Settling Respondent agrees to cooperate fully with EPA in the
implementation of response actions at the Site and further agrees not
to interfere with such response actions. EPA agrees, consistent with
its responsibilities under applicable law, to use reasonable efforts to
minimize any interference with the Settling Respondent's operations by
such entry and response. In the event the Settling Respondent becomes
aware of any action or occurrence which causes or threatens a release
of hazardous substances, pollutants or contaminants at or from the Site
that constitutes an emergency situation or may present an immediate
threat to public health or welfare or the environment, Settling
Respondent shall immediately take all appropriate action to prevent,
abate, or minimize such release or threat of release, and shall, in
addition to complying with any applicable notification requirements
under Section 103 of CERCLA, 42 U.S.C. 9603, or any other law,
immediately notify EPA of such release or threatened release.
VII. Certification
17. By entering into this agreement, the Settling Respondent
certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to EPA [and the state] all information known to
Settling Respondent and all information in the possession or control of
its officers, directors, employees, contractors and agents which
relates in any way to any Existing Contamination or any past or
potential future release of hazardous substances, pollutants or
contaminants at or from the Site and to its qualification for this
Agreement. The Settling Respondent also certifies that to the best of
its knowledge and belief it has not caused or contributed to a release
or threat of release of hazardous substances or pollutants or
contaminants at the Site. If the United States [and the state]
determines that information provided by Settling Respondent is not
materially accurate and complete, the Agreement, within the sole
discretion of the United States, shall be null and void and the United
States [and the state] reserves all rights it [they] may have.
VIII. United States' Covenant Not To Sue 2
---------------------------------------------------------------------------
\2\ Since the covenant not to sue is from the United States,
Regions negotiating these Agreements should advise the Department of
Justice if any other federal agency is involved with the Site, or of
other CERCLA claim with respect to the Site and use best efforts to
advise such federal agency of the proposed settlement.
---------------------------------------------------------------------------
18. Subject to the Reservation of Rights in Section IX of this
Agreement, upon payment of the amount specified in Section IV
(Payment), of this Agreement [if consideration for Agreement is work to
be performed, insert, as appropriate, ``and upon completion of the work
specified in Section ---- (Work to Be Performed) to the satisfaction of
EPA''], the United States [and the state] covenants not to sue or take
any other civil or administrative action against Settling Respondent
for any and all civil liability for injunctive relief or reimbursement
of response costs pursuant to Sections 106 or 107(a) of CERCLA, 42
U.S.C. 9606 or 9607(a) [and state law cite] with respect to the
Existing Contamination.
IX. Reservation of Rights
19. The covenant not to sue set forth in Section VIII above does
not pertain to any matters other than those expressly specified in
Section VIII (United States' Covenant Not to Sue). The United States
[and the State] reserves and the Agreement is without prejudice to all
rights against Settling Respondent with respect to all other matters,
including but not limited to, the following:
(a) claims based on a failure by Settling Respondent to meet a
requirement of this Agreement, including but not limited to Section IV
(Payment), Section V (Access/Notice to Successors in Interest), Section
VI (Due Care/Cooperation), Section XIV (Payment of Costs, [and, if
appropriate, Section ____ (Work to be Performed)];
(b) any liability resulting from past or future releases of
hazardous substances, pollutants or contaminants, at or from the Site
caused or contributed to by Settling Respondent, its successors,
assignees, lessees or sublessees;
(c) any liability resulting from exacerbation by Settling
Respondent, its successors, assignees, lessees or sublessees, of
Existing Contamination;
(d) any liability resulting from the release or threat of release
of hazardous substances, pollutants or contaminants, at the Site after
the effective date of this Agreement, not within the definition of
Existing Contamination;
(e) criminal liability;
(f) liability for damages for injury to, destruction of, or loss of
natural resources, and for the costs of any
[[Page 1385]]
natural resource damage assessment incurred by federal agencies other
than EPA; and
(g) liability for violations of local, State or federal law or
regulations.
20. With respect to any claim or cause of action asserted by the
United States [or the state], the Settling Respondent shall bear the
burden of proving that the claim or cause of action, or any part
thereof, is attributable solely to Existing Contamination.
21. Nothing in this Agreement is intended as a release or covenant
not to sue for any claim or cause of action, administrative or
judicial, civil or criminal, past or future, in law or in equity, which
the United States [or the state] may have against any person, firm,
corporation or other entity not a party to this Agreement.
22. Nothing in this Agreement is intended to limit the right of EPA
[or the state] to undertake future response actions at the Site or to
seek to compel parties other than the Settling Respondent to perform or
pay for response actions at the Site. Nothing in this Agreement shall
in any way restrict or limit the nature or scope of response actions
which may be taken or be required by EPA [or the state] in exercising
its authority under federal [or state ] law. Settling Respondent
acknowledges that it is purchasing Property where response actions may
be required.
X. Settling Respondent's Covenant Not To Sue
23. In consideration of the United States' Covenant Not To Sue in
Section VIII of this Agreement, the Settling Respondent hereby
covenants not to sue and not to assert any claims or causes of action
against the United States [or the state], its authorized officers,
employees, or representatives with respect to the Site or this
Agreement, including but not limited to, any direct or indirect claims
for reimbursement from the Hazardous Substance Superfund established
pursuant to the Internal Revenue Code, 26 U.S.C. 9507, through CERCLA
Sections 106(b)(2), 111, 112, 113, or any other provision of law, any
claim against the United States, including any department, agency or
instrumentality of the United States under CERCLA Sections 107 or 113
related to the Site, or any claims arising out of response activities
at the Site, including claims based on EPA's oversight of such
activities or approval of plans for such activities.
24. The Settling Respondent reserves, and this Agreement is without
prejudice to, actions against the United States based on negligent
actions taken directly by the United States, not including oversight or
approval of the Settling Respondent's plans or activities, that are
brought pursuant to any statute other than CERCLA or RCRA and for which
the waiver of sovereign immunity is found in a statute other than
CERCLA or RCRA. Nothing herein shall be deemed to constitute
preauthorization of a claim within the meaning of Section 111 of
CERCLA, 42 U.S.C. 9611, or 40 CFR 300.700(d).
XI. Parties Bound/Transfer of Covenant
25. This Agreement shall apply to and be binding upon the United
States, [and the state], and shall apply to and be binding upon the
Settling Respondent, its officers, directors, and employees. The United
States' Covenant Not to Sue in Section VIII and Contribution Protection
in Section XVIII shall apply to Settling Respondent's officers,
directors, or employees to the extent that the alleged liability of the
officer, director, or employee is based on its status and in its
capacity as an officer, director, or employee of Settling Respondent,
and not to the extent that the alleged liability arose independently of
the alleged liability of the Settling Respondent. Each signatory of a
Party to this Agreement represents that he or she is fully authorized
to enter into the terms and conditions of this Agreement and to legally
bind such Party.
26. Notwithstanding any other provisions of this Agreement, all of
the rights, benefits and obligations conferred upon Settling Respondent
under this Agreement may be assigned or transferred to any person with
the prior written consent of EPA [and the state] in its sole
discretion.
27. The Settling Respondent agrees to pay the reasonable costs
incurred by EPA [and the state] to review any subsequent requests for
consent to assign or transfer the benefits conferred by this Agreement.
28. In the event of an assignment or transfer of the Property or an
assignment or transfer of an interest in the Property, the assignor or
transferor shall continue to be bound by all the terms and conditions,
and subject to all the benefits, of this Agreement except as EPA [the
state] and the assignor or transferor agree otherwise and modify this
Agreement, in writing, accordingly. Moreover, prior to or simultaneous
with any assignment or transfer of the Property, the assignee or
transferee must consent in writing to be bound by the terms of this
Agreement including but not limited to the certification requirement in
Section VII of this Agreement in order for the Covenant Not to Sue in
Section VIII to be available to that party. The Covenant Not To Sue in
Section VIII shall not be effective with respect to any assignees or
transferees who fail to provide such written consent to EPA [and the
state].
XII. Disclaimer
29. This Agreement in no way constitutes a finding by EPA [or the
state] as to the risks to human health and the environment which may be
posed by contamination at the Property or the Site nor constitutes any
representation by EPA [or the state] that the Property or the Site is
fit for any particular purpose.
XIII. Document Retention
30. The Settling Respondent agrees to retain and make available to
EPA [and the state] all business and operating records, contracts, Site
studies and investigations, and documents relating to operations at the
Property, for at least ten years, following the effective date of this
Agreement unless otherwise agreed to in writing by the Parties. At the
end of ten years, the Settling Respondent shall notify EPA [and the
state] of the location of such documents and shall provide EPA [and the
state] with an opportunity to copy any documents at the expense of EPA
[or the state]. [Where work is to be performed, consider providing for
document retention for ten years or until completion of work to the
satisfaction of EPA, whichever is longer.]
XIV. Payment of Costs
31. If the Settling Respondent fails to comply with the terms of
this Agreement, including, but not limited to, the provisions of
Section IV (Payment), [or Section--(Work to be Performed)] of this
Agreement, it shall be liable for all litigation and other enforcement
costs incurred by the United States [and the state] to enforce this
Agreement or otherwise obtain compliance.
XV. Notices and Submissions
32. [Insert names, titles, and addresses of those to whom notices
and submissions are due, specifying which submissions are required.]
XVI. Effective Date
33. The effective date of this Agreement shall be the date upon
which EPA issues written notice to the Settling Respondent that EPA
[and the state] has fully executed the Agreement after review of and
response to any public comments received.
[[Page 1386]]
XVII. Termination
34. If any Party believes that any or all of the obligations under
Section V (Access/Notice to Successors in Interest) are no longer
necessary to ensure compliance with the requirements of the Agreement,
that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided,
however, that the provision(s) in question shall continue in force
unless and until the party requesting such termination receives written
agreement from the other party to terminate such provision(s).
XVIII. Contribution Protection
35. With regard to claims for contribution against Settling
Respondent, the Parties hereto agree that the Settling Respondent is
entitled to protection from contribution actions or claims as provided
by CERCLA Section 113(f)(2), 42 U.S.C. 9613(f)(2) for matters addressed
in this Agreement. The matters addressed in this Agreement are [all
response actions taken or to be taken and response costs incurred or to
be incurred by the United States or any other person for the Site with
respect to the Existing Contamination].
36. The Settling Respondent agrees that with respect to any suit or
claim for contribution brought by it for matters related to this
Agreement it will notify the United States [and the state] in writing
no later than 60 days prior to the initiation of such suit or claim.
37. The Settling Respondent also agrees that with respect to any
suit or claim for contribution brought against it for matters related
to this Agreement it will notify in writing the United States [and the
state] within 10 days of service of the complaint on them.
XIX. Exhibits
38. Exhibit 1 shall mean the description of the Property which is
the subject of this Agreement.
39. Exhibit 2 shall mean the map depicting the Site.
[--. Exhibit 3 shall mean the Statement of Work.]
XX. Removal of Lien
40. [Use this provision only when appropriate.] Subject to the
Reservation of Rights in Section IX of this Agreement, upon payment of
the amount specified in Section IV (Payment) [or upon satisfactory
completion of work to be performed specified in Section ____ (Work to
be Performed)], EPA agrees to remove any lien it may have on the
Property under Section 107(l) of CERCLA, 42 U.S.C. 9607(l), as a result
of response action conducted by EPA at the Property.
XXI. Public Comment
41. This Agreement shall be subject to a thirty-day public comment
period, after which EPA may modify or withdraw its consent to this
Agreement if comments received disclose facts or considerations which
indicate that this Agreement is inappropriate, improper or inadequate.
It Is So Agreed:
United States Environmental Protection Agency
By:
----------------------------------------------------------------------
Regional Administrator Date
Region ____
It Is So Agreed:
United States Department of Justice
By:
----------------------------------------------------------------------
Assistant Attorney General Date
Environment and Natural Resources Division, Department of Justice
It Is So Agreed:
By:
----------------------------------------------------------------------
Name Date
[FR Doc. 00-487 Filed 1-7-00; 8:45 am]
BILLING CODE 6560-50-P