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Enforcement Response Policy: EPCRA Sections 304, 311, 312, and CERCLA Section 103

Enforcement Response Policy (ERP) to ensure that:

enforcement actions for violations of section 103(a) the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) and sections 304, 311 and 312 of the Emergency Response and Community Right-to-Know Act (EPCRA) are legally justifiable, uniform and consistent;
the enforcement response is appropriate for the violations committed;
persons will be deterred from committing such violations in the future.

Issued 9/30/1999.

This policy supersedes the June 1990 penalty policy and the January 1998 Interim Final Enforcement Response Policy.

Enforcement Response Policy for Section 304, 311, 312 of the Emergency Planning and Community Right-To-Know Act and Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (pdf) (219.48 KB)