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The United States Environmental Protection Agency (“EPA”) has issued a November 21st document related to contaminated sediment sites titled:

Sample CWA/CERCLA Memorandum of Understanding for Regions, States, Tribes, and Other Federal Agencies (“Memorandum”)

The Memorandum encourages Regions, states, tribes, and/or other federal agencies to use the site-specific Memorandum of Understanding (“MOU”) at appropriate contaminated sediment sites.

The Memorandum and sample MOU are stated to be intended to provide additional guidance to facilitate goals at contaminated sediment sites. Such goals are stated to include source control and the prevention of recontamination of remediated sediments.

EPA states that the document is:

• Site-specific
• Non-binding
• Unenforceable
• Not intended to be used as a funding mechanism

The three EPA program offices that directed and encouraged the Memorandum MOU include:

• Assistant Administrator of the Office of Enforcement and Compliance Assurance
• Office of Solid Waste and Emergency Response (retitled Office of Land and Emergency Management)
• Office of Water

The site-specific MOU addresses components such as:

• Parties and Authority
• Purpose
• Site Background
• Parties’ Intentions
• Confidentiality
• General Provisions
• Signatures

A copy of the memorandum and the sample MOU can be downloaded here.