Similar to Access Orders, EPA can obtain warrants to gain access to a site/facility. Usually under CERCLA/Superfund, EPA can request that the court order the defendant/PRP(s) to allow access to their property.
Information entered into ICIS at this stage should be supported by one of the following source documents:
– Referral Letter that is signed by the Regional Administrator or designee; or
– Transmittal Memo that is signed by the Regional Administrator or designee.
Reporting dates for obtaining a warrant would be:
1. Referral to DOJ from Regional Administrator or Region (not necessarily from RA, has been
delegated to ORC, BCs). ICIS Milestone: Referred to Dept. of Justice (required for civil judicial actions only). ICIS Milestone Date: Enter the date that Regional Administrator signs the Referral Letter as the "Referred to Dept. of Justice" actual date.
2. Application for Warrant filed with the court or Complaint filed by U.S. A formal document presented by DOJ to the court requesting that the court to issue a warrant. ICIS Milestone: Complaint Filed With Court. ICIS Milestone Date: Enter the date that DOJ files a complaint in court requesting the warrant as the "Complaint Filed With Court" actual date. There may not be a separate complaint filing. In lieu of filing a separate complaint, this field in ICIS may be entered with the same date as the final order signed by court date.
3. Court signs warrant. A warrant ordering the defendant/PRP(s) to allow EPA access to their property. ICIS Milestone: Final Order Entered. ICIS Milestone Date: Enter the date that a judge issues the warrant as the "Final Order Entered" actual date.