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◾ The transporter who selected the disposal site
◾ The party who arranged for the disposal of the hazardous substances ; referred to as the Arranger or the Generator .
When the EPA does its research to determine PRPs , it digs into available research about the property ; performing site inspections and taking samples , conducting interviews , and reviewing title history . They also study corporate history to learn if any occupants in the modern history of the property dealt with the hazardous chemicals discovered onsite . The search can reach back hundreds of years . If your company or ownership relates to one of the aforementioned categories , you will likely receive a notice .
Be aware that the EPA uses several different types of official notices during its process , each having specific purposes . Early on , you may receive one or more “ information request ” letters . These notices are seeking specific information as part of the EPA ’ s detailed research , however , they do not necessarily implicate you as a potential PRP .
When it comes to notifying a PRP , the EPA will issue either a “ Notice of Liability Letter ” or a “ General Notice Letter ”. If you receive a Notice of Liability Letter , the document will identify you as a PRP , outline your potential liability , and provide information about the site as well as identify other PRPs . It may also provide some limited information regarding negotiations for the cleanup of the site .
A “ General Notice Letter ” is similar to the above , identifying the company as a PRP that may be liable for cleanup . It may also explain how to negotiate with the EPA , and contain other information about the site , as well as request additional information .
There is also a document called a “ Special Notice Letter ” that explains why the government thinks the PRP is responsible for cleanup . It is usually sent when the EPA is ready to negotiate with PRPs .
Next Steps
If you receive any notice from the EPA , assume that the clock is ticking . Ignoring letters will only cause you pain and expense down the road . Unfortunately , the burden of divisibility ( in liability ) falls on the defendant , not the plaintiff in these matters . That may translate into a complex discussion regarding the volume of substances released , the type of substances , and the chronology of events . It ’ s going to be a potentially protracted negotiation .
For this reason , securing qualified legal counsel , even before any notice is received , is a prudent measure to protect your interests , particularly when you suspect that you , or a predecessor related to your business , may have been responsible .
The determination of responsible parties is a long , potentially messy process . You may discover that working as a group with surrounding PRPs provides an advantageous outcome for all , and is less arduous than “ going it alone ”.
The EPA has published several information guides and videos to help businesses understand this process as well as their rights and responsibilities . Remember that the agency is first and foremost interested in cleanup . Your positive actions on-site ( to facilitate site cleanup ) may help in the negotiating process . Don ’ t forget to watch for ongoing CIANJ educational programs regarding this topic .
April 2023 COMMERCE 17