Interim Guidance: Enforcement Discretion Concerning Windfall Liens (CERCLA Section 107(r))
Memorandum discusses EPA and DOJ interim policy implementing section 107(r) windfall lien provisions contained in the 2002 Brownfields Amendments to the CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as Superfund) statute. A frequent questions document was issued in conjunction with the document. Issued 7/16/2003.
In 2008, the Agency issued the Windfall Lien Administrative Procedures (1/8/2008), which builds on the 2003 Interim Enforcement Discretion for Windfall Lien policy regarding the timing for filing notice of a windfall lien on a property after acquisition by a BFPP and the EPA administrative procedures that should accompany filing a windfall lien notice.
This 2003 guidance includes two attachments. Attachment A, a model Federal Superfund Interest Letter for CERCLA § 107(r) Windfall Liens and Attachment B, a model Agreement for Release and Waiver of Lien, CERCLA 107(r), have both been modified since their original releases and are available in Word format at the above links and from the Cleanup Enforcement Model Language and Sample Documents Database.
The model Federal Superfund Interest Letter for CERCLA § 107(r) Windfall Liens is available in Word format from the Cleanup Enforcement Model Language and Sample Documents Database.