Payments by Settling Federal Agencies. As soon as reasonably practicable after the Effective Date, the United States, on behalf of Settling Federal Agencies, shall: Pay to the EPA $______. [Insert one of the following three sentences.] [The total amount to be paid on behalf of Settling Federal Agencies pursuant to this Paragraph shall be deposited by EPA in the EPA Hazardous Substance Superfund.] [The total amount to be paid on behalf of Settling Federal Agencies pursuant to this Paragraph shall be deposited by EPA in the [Site name] Special Account to be retained and used to conduct or finance response actions at or in connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.] [Of the total amount to be paid on behalf of Settling Federal Agencies pursuant to this Paragraph, [“$___” or “___%”] shall be deposited by EPA in the EPA Hazardous Substance Superfund and [“$___” or “___%”] shall be deposited by EPA in the [Site name] Special Account to be retained and used to conduct or finance response actions at or in connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.] [Pay to Settling Parties $______, in reimbursement of Settling Parties’ Past Response Costs and Settling Parties Future Response Costs, by Automated Clearinghouse (ACH) Electronic Funds Transfer in accordance with instructions provided by Settling Parties.]
Payments by Settling Federal Agencies. As soon as reasonably practicable after the Effective Date, the United States, on behalf of Settling Federal Agencies, shall pay: To EPA $______, in payment of Past Response Costs and Future Response Costs; To the State $______ [insert as appropriate: in payment of State Past Response Costs and State Future Response Costs] by Automated Clearing House (“ACH”) Electronic Funds Transfer in accordance with instructions provided by the State; and To Respondents $______ [insert as appropriate: in payment of Respondents’ Past Response Costs and Respondents’ Future Response Costs] by Automated Clearing House (“ACH”) Electronic Funds Transfer in accordance with instructions provided by Respondents.
Payments by Settling Federal Agencies. As soon as reasonably practicable after the Effective Date, the United States, on behalf of Settling Federal Agencies, shall pay: To EPA $______, in payment of Past Response Costs and Future Response Costs; To the State $______ [insert as appropriate: in payment of State Past Response Costs and State Future Response Costs] by Automated Clearing House (“ACH”) Electronic Funds Transfer in accordance with instructions provided by the State; and To Settling Defendants $______ [insert as appropriate: in payment of Settling Defendants’ Past Response Costs and Settling Defendants’ Future Response Costs] by Automated Clearing House (ACH) Electronic Funds Transfer in accordance with instructions provided by Settling Defendants Interest. If any payment required by this paragraph is not made within 120 days after the Effective Date, the United States, on behalf of the Settling Federal Agencies, shall pay Interest on the unpaid balance, with such Interest commencing on the 121st day after the Effective Date and accruing through the date of payment. The Settling Federal Agencies’ payment[s] under this Settlement can only be paid from appropriated funds legally available for such purpose. Nothing in this Settlement constitutes a commitment or requirement that any Settling Federal Agency obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other applicable provision of law. Deposit of Payments. EPA may, in its unreviewable discretion, deposit the amounts paid under ¶¶ 47, 48, and 49 in the Fund, in the Special Account, or both. EPA may, in its unreviewable discretion, retain and use any amounts deposited in the Special Account to conduct or finance response actions at or in connection with the Site, or transfer those amounts to the Fund.
