Interim Guidance: Settling Civil Penalty and Punitive Damage Claims for Noncompliance with Superfund Administrative Orders

Transmittal memorandum and policy document for settling noncompliance with administrative orders under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) § 106(b)(1) civil penalty and § 107(c)(3) punitive damages claims. Issued 9/30/1997.

Civil penalties may be sought when EPA enforces a CERCLA section 106(a) administrative order, and punitive damages may be sought when Superfund monies have been spent as a result of noncompliance with an administrative order. The policy does not alter existing policy on the collection of stipulated penalties. 

A revised penalty matrix for CERCLA § 106(b)(1) was issued on 4/20/2005 and supplemented with an updated penalty matrix for CERCLA § 106(b)(1) penalties in 7/19/2009.

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