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Guidance: Interim Municipal Settlement Policy

Transmittal memorandum containing cover memo, fact sheet, and interim guidance regarding settlements involving municipalities or municipal waste under section 122 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA). Transmittal package includes:

  • Interim CERCLA Municipal Settlement Policy Fact Sheet
  • Interim Policy on CERCLA Settlements Involving Municipalities or Municpal Waste
  • Pre-publication Federal Register Notice requesting public comments

The interim policy sets forth the criteria by which EPA generally determines whether to exercise enforcement discretion to pursue municipal solid waste (MSW) generators and transporters as potentially responsible parties (PRPs). OSWER Directive No. 9834.13. Issued 12/6/1989.

An updated fact sheet was issued 12/12/1989.

The MSW policy was supplemented by the 2/5/1998 policy on municipalities and MSW CERCLA settlements at NPL co-disposal sites.

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