EPA - 40 CFR PART 304
ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS
Organization: | EPA |
Publication Date: | 1 July 2016 |
Status: | active |
Page Count: | 14 |
scope:
Scope and applicability.
The procedures established by this regulation govern the arbitration of EPA claims for recovery, under section 107(a) of CERCLA, 42 U.S.C. 9607(a), of response costs incurred at or in connection with a facility by the United States pursuant to section 104 of CERCLA, 42 U.S.C. 9604. The procedures are applicable when: (a) The total past and projected response costs for the facility concerned do not exceed $500,000, excluding interest; and (b) The Administrator and one or more PRPs have submitted a joint request for arbitration pursuant to ยง 304.21 of this part.
Purpose.
This regulation establishes and governs procedures for the arbitration of EPA cost recovery claims arising under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9607(a), as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, 100 Stat. 1613 (1986) (''CERCLA''), pursuant to the authority granted EPA by section 122(h)(2) of CERCLA, 42 U.S.C. 9622(h)(2), and Executive Order No. 12580, 52 FR 2923 (January 29, 1987).
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