Common use of De Micromis Waiver Clause in Contracts

De Micromis Waiver. For all matters relating to the Site against any person where the person’s liability to Settling Parties with respect to the Site is based solely on having arranged for disposal or treatment, or for transport for disposal or treatment, of hazardous substances at the Site, or having accepted for transport for disposal or treatment of hazardous substances at the Site, if all or part of the disposal, treatment, or transport occurred before April 1, 2001, and the total amount of material containing hazardous substances contributed by such person to the Site was less than 110 gallons of liquid materials or 200 pounds of solid materials; [NOTE: Use next paragraph if there is MSW at the Site.] [MSW Waiver. For all matters relating to the Site against any person where the person’s liability to Settling Parties with respect to the Site is based solely on having arranged for disposal or treatment, or for transport for disposal or treatment, of MSW at the Site, if the volume of MSW disposed, treated, or transported by such person to the Site did not exceed 0.2 percent of the total volume of waste at the Site; and] [NOTE: Use the following waiver if there are known or potential de minimis and/or ability to pay (ATP) parties at the Site. Include bracketed reference to de minimis party settlement, ATP party settlement, or both as appropriate given Site facts. Use the bracketed “[or in the future enters]” if there are known or potential de minimis and/or ATP PRPs with whom the United States has not yet settled. Note that inclusion of the future component of the waiver does not affect Settling Parties’ right to oppose entry of any such future settlement through the public comment process and does not have any effect unless and until the United States enters into any such future settlement. The scope of the waiver should generally track the scope of the “matters addressed” in the contribution provision of the concluded de minimis or ATP settlement. Normally, this means that the scope will be “response costs” as included below. However, if the settlement included natural resource damages, also include “natural resource damages and assessment costs,” and if the settlement was not site-wide, limit the scope as appropriate. Also, if the “[or in the future enters]” bracket is used and the scope of the future settlement is likely to be different from the past settlement(s), redraft as necessary.]