[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR13.25]

[Page 208-209]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 13_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                      Subpart D_Compromise of Debts
 
Sec. 13.25  Standards for compromise.

    (a) EPA may compromise a claim pursuant to this section if EPA 
cannot collect the full amount because the debtor does not have the 
financial ability to pay the full amount of the debt within a reasonable 
time, or the debtor refuses to pay the claim in full and the Government 
does not have the ability to enforce collection in full within a 
reasonable time by enforced collection proceedings. In evaluating the 
acceptability of the offer, the Administrator may consider, among other 
factors, the following:
    (1) Individual debtors. (i) Age and health of the debtor;
    (ii) Present and potential income;

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    (iii) Inheritance prospects;
    (iv) The possibility that assets have been concealed or improperly 
transferred by the debtor;
    (v) The availability of assets or income which may be realized by 
enforced collection proceedings; or
    (vi) The applicable exemptions available to the debtor under State 
and Federal law in determining the Government's ability to enforce 
collection.
    (2) Municipal and quasi-municipal debtors. (i) The size of the 
municipality or quasi-municipal entity;
    (ii) The availability of current and future resources sufficient to 
pay the debt (e.g., bonding authority, rate adjustment authority, or 
taxing authority); or
    (iii) The ratio of liabilities (both short and long term) to assets.
    (3) Commercial debtors. (i) Ratio of assets to liabilities;
    (ii) Prospects of future income or losses; or
    (iii) The availability of assets or income which may be realized by 
enforced collection proceedings.
    (b) EPA may compromise a claim, or recommend acceptance of a 
compromise to DOJ, where there is substantial doubt concerning the 
Government's ability to prove its case in court for the full amount of 
the claim, either because of the legal issues involved or a bona fide 
dispute as to the facts. The amount accepted in compromise in such cases 
will fairly reflect the probability of prevailing on the legal issues 
involved, considering fully the availability of witnesses and other 
evidentiary data required to support the Government's claim. In 
determining the litigative risks involved, EPA will give proportionate 
weight to the likely amount of court costs and attorney fees the 
Government may incur if it is unsuccessful in litigation.
    (c) EPA may compromise a claim, or recommend acceptance of a 
compromise to DOJ, if the cost of collection does not justify the 
enforced collection of the full amount of the debt. The amount accepted 
in compromise in such cases may reflect an appropriate discount for the 
administrative and litigative costs of collection, taking into 
consideration the time it will take to effect collection. Costs of 
collection may be a substantial factor in the settlement of small 
claims, but normally will not carry great weight in the settlement of 
large claims. In determining whether the cost of collection justifies 
enforced collection of the full amount, EPA may consider the positive 
effect that enforced collection of the claim may have on the collection 
of other similar claims.
    (d) Statutory penalties, forfeitures or debts established as an aid 
to enforcement and to compel compliance may be compromised where the 
Administrator determines that the Agency's enforcement policy, in terms 
of deterrence and securing compliance (both present and future), will be 
adequately served by accepting the offer.