Memorandum addresses some of the key factors the Agency may consider in exercising its enforcement discretion with respect to the Superfund Recycling Equity Act (SREA) of 1999.  SREA amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) to exempt certain persons who “arranged for recycling of recyclable materials” from liability under sections 107 (a)(3) and 107(a)(4). Issued 8/31/2002.

• Superfund Recycling Equity Act of 1999: Factors To Consider In A CERCLA Enforcement Case (PDF)(29 pp, 271 K)