Guidance: Revised Model CERCLA Section 122(g)(4) De Minimis Contributor CD and AOC and New Model ATP Provisions for De Minimis Settlements

Transmittal memorandum with four attachments containing the two model documents and model language provisions addressing de minimis contributor settlements with ability to pay (ATP) parties only, and de minimis settlements with ATP and non-ATP parties. Issued 8/12/2003.

The two model documents and model language provisions that were attached to the 2003 memo were superseded by the model documents and model language provisions issued with the 9/26/2014 Revisions to 2009 ARC Memo and Issuance of Revised CERCLA Past Cost, Peripheral, De Minimis, De Micromis, and Municipal Solid Waste Settlement Models. 

• De Minimis Contributor Administrative Settlement Agreement and Order on Consent (CERCLA § 122(g)(4))
• De Minimis Contributor Consent Decree (CERCLA § 122(g)(4))

2014 versions of the ability to pay provisions for de minimis settlements with ATP only and ATP and Non-ATP parties are available in Word:

• Ability to Pay Provisions for Use in De Minimis Settlements with Ability to Pay and Non-Ability to Pay Parties (9/26/2014)

• Issuance of Revised Model CERCLA Section 122(g)(4) De Minimis Contributor Consent Decree and Administrative Order on Consent and New Model Ability to Pay Provisions for Use in De Minimis Settlements (pdf) (780.1 KB)