[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.23]

[Page 362-363]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 304--ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS--Table of Contents
 
     Subpart B--Jurisdiction of Arbitrator, Referral of Claims, and 
                        Appointment of Arbitrator
 
Sec. 304.23  Disclosure and challenge procedures.

    (a) A person appointed as an Arbitrator under Sec. 304.22 of this 
part shall, within five days of receipt of his or her notice of 
appointment, disclose to the Association any circumstances likely to 
affect impartiality, including any bias or any financial or personal 
interest in the result of the arbitration, or any past or present 
relationship with the parties or their counsel, or any past or present 
relationship with any PRP to which the claim may relate.
    (b) Upon receipt of such information from an appointed Arbitrator or 
other source, the Association shall, within two days of receipt, 
communicate such information to the parties. Such communication may be 
made orally or in writing, but if made orally, shall be confirmed in 
writing.
    (c) If any party wishes to request disqualification of an 
Arbitrator, such party shall notify the Association and the other 
parties of such request and the basis therefor within seven days of

[[Page 363]]

receipt of the information on which such request is based.
    (d) The Association shall make a determination on any request for 
disqualification of an Arbitrator within seven days after the 
Association receives any such request, and shall notify the parties in 
writing of such determination. This determination shall be within the 
sole discretion of the Association, and its decision shall be final.