de minimis settlement

de minimis settlement

A settlement agreement between the Environmental Protection Agency (EPA) and a property owner who may be technically liable for cleanup under the strict liability provisions of the Superfund, but who did not create nor contribute to the contamination and who acquired the property without knowing or having reason to know of the earlier contamination. Although a de minimis settlement is always a possibility, the EPA is by no means required to offer such a deal,so it is truly “buyer beware.”See CERCLA.

References in periodicals archive ?
I am pleased that, after reviewing all the data, OCWD came to the conclusion that the risk of groundwater contamination from Pro-Dex's site was minimal, and that it made sense to enter into what we consider a de minimis settlement agreement," commented Pro-Dex CEO Mark Murphy.
Environmental Protection Agency announced today that it has issued de minimis settlement offers to approximately three hundred ninety (390) potentially responsible parties (PRPs) associated with the Cherokee Oil Superfund sites in Charlotte, North Carolina.
Each party agreeing to the de minimis settlement will resolve its liability to the EPA and Connecticut at the SRS site and will be protected from site-related third-party lawsuits.
The de minimis settlement is a good example of how cooperation with the government can help small contributors avoid expensive litigation.
The de minimis settlement allows the settlors, many of the them small Connecticut businesses, to pay an equitable share of the cleanup costs and effectively put this responsibility behind them.
The de minimis settlement will be particularly helpful to the business community, in that so many of those eligible to participate are local businesses.
EPA has entered into a total of nine consent decrees and eight smaller de minimis settlements with more than 1,150 responsible parties.
However, de minimis settlements are entirely discretionary with U.
The number of de minimis settlements since 1986 can be counted on one hand.
Aggressive use of de minimis settlements to protect small parties from unfair contribution suits and a determined defense of joint and several liability is the best medicine for the Superfund program right now.