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PA EPA ISSUES POLICY FOR MUNICIPAL SOLID WASTE CERCLA SETTLEMENTS AT NPL CO-DISPOSAL SITES
Release Date: 02/13/98
FOR RELEASE: FRIDAY, FEBRUARY 13, 1998
EPA ISSUES POLICY FOR MUNICIPAL SOLID WASTE CERCLA SETTLEMENTS AT NPL CO-DISPOSAL SITES
EPA recently issued a national settlement policy under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for municipal co-disposal landfill sites, reinforcing its long standing efforts to ensure a fair, consistent and efficient Superfund settlement process. This policy reduces transaction costs, including those associated with third-party litigation, and encourages global settlements at these sites. Approximately 23 percent of National Priority List (NPL) sites accepted both municipal and industrial wastes containing hazardous substances. Many of these landfills were or are owned or operated by municipalities in connection with their governmental function of providing necessary sanitation and trash disposal services to residents and businesses. EPA will continue its policy of generally not identifying generators and transporters of municipal solid waste (MSW) as potentially responsible parties at NPL sites. Should these parties, however, wish to settle and receive protection from third-party lawsuits, EPA will apply a unit cost per ton of $5.30 to the amount of MSW contributed by the party. EPA will also apply its policy of settling with generators and transporters who contributed small volumes of MSW (i.e., de micromis) for zero dollars. Additionally, the policy establishes a presumptive baseline settlement amount of 20 percent of total estimated response costs for municipal owners and operators. This new policy will protect both generators and transporters of MSW as well as municipalities who owned or operated co-disposal landfills and result in equitable, reasonable settlements in the public interest. For a copy of the policy contact the RCRA/Superfund Hotline at 800-424-9346 or 703-412-9810. The policy will be posted on the Internet at: https://www.epa.gov/oeca/osre.html.