What if a Good Samaritan makes the conditions at a site worse?
Under the model settlement agreement, a party that does not satisfactorily fulfill its obligations under the agreement does not receive the CERCLA covenant not to sue or contribution protection. The model settlement agreement also provides that EPA may take over the cleanup project using a financial mechanism set aside by the Good Samaritan, in the event that the Good Samaritan’s work is deficient, late, or endangering human health or the environment. For cleanups performed under both comfort letters or model settlement agreements, EPA retains its authorities to address endangerments to human health or the environment.
