Memorandum provides guidance on how to give the notice, required by Section 7003(d) of the Resource Conservation and Recovery Act (RCRA), whenever such a covenant is included in any type of RCRA or Comprehensive Environmental Response, Compensation, and Liability (CERCLA, commonly referred to as Superfund) civil, judicial, or administrative settlement. Issued 10/30/1996.

Memorandum includes three model Federal Register notices:

• Department of Justice (DOJ) Notice of Lodging of Consent Decree Pursuant to RCRA or CERCLA
• Model CERCLA Section 122(i) Federal Register Notice
• Model Federal Register Notice for RCRA and CERCLA Administrative Settlements which Contain RCRA Section 7003 Covenants Not to Sue, but which are not Subject to Public Comment Requirements of CERCLA Section 122(i)

• Revised Model Notice Language for Compliance with Public Participation Requirements of Section 7003(d) of RCRA (PDF)(12 pp, 82 K)