[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.21]

[Page 338-339]
 
                   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. 304.21  Referral of claims.

    (a) If EPA believes that a claim is an appropriate candidate for 
arbitration, EPA will notify all identified PRPs for the facility 
concerned and provide such PRPs with an opportunity to discuss referral 
of one or more issues arising in the claim for resolution pursuant to 
the procedures established by this part. Alternatively, one or more PRPs 
at a facility may propose to EPA use of arbitration, after receipt of a 
demand by EPA for payment of a claim, but prior to commencement of civil 
litigation of the claim. Where practicable, before an agreement to refer 
a claim for arbitration is made final under this alternative, either the 
PRPs or EPA shall notify the other PRPs at the facility of the potential 
use of arbitration.
    (b)(1) The Administrator and one or more PRPs associated with a 
facility may submit to the Association a joint request for arbitration 
of one or more issues arising in an EPA claim concerning the facility. 
The joint request shall be signed by all of the parties and shall 
include:
    (i) A brief description of the facility, the EPA response action 
taken at the facility, the EPA claim, and the parties;
    (ii) A statement of the issues arising in the claim that are being 
submitted by the parties for resolution by arbitration;
    (iii) A statement that the parties consent to resolution of the 
issues jointly submitted pursuant to the procedures established by this 
part by an Arbitrator appointed pursuant to Sec. 304.22 of this part;
    (iv) A statement that the parties agree to be bound by the final 
decision on all issues jointly submitted by the parties for resolution 
and to pay any award made in the final decision, subject to the right to 
challenge the final decision solely on the grounds and in the manner 
prescribed by Sec. 304.40(c) of this part;
    (v) A statement that the parties agree that the award made in the 
final decision may be enforced pursuant to Sec. 304.40(c) of this part;
    (vi) A statement that the parties agree that the final decision 
shall be binding only with respect to the response costs at issue in the 
claim submitted for arbitration;
    (vii) A statement that the parties agree that the statute of 
limitations governing the EPA claim submitted shall be extended for a 
time period equal to the number of days from the date the joint request 
for arbitration is submitted to the Association to the date of 
resolution of any enforcement action relating to the final decision; and
    (viii) A statement that each signatory to the joint request is 
authorized to enter into the arbitration and to bind legally the party 
represented by him or her to the terms of the joint request.

[[Page 339]]

    (2) The joint request shall also include the name, address and 
telephone number of each party, and, if a party is represented by an 
attorney, the attorney's name, address and telephone number. A party 
changing any of this information must promptly communicate the change in 
writing to the Association and all other parties. A party who fails to 
furnish such information or any changes thereto is deemed to have waived 
his or her right to notice and service under this part until such time 
as the party furnishes the missing information.
    (c) Any party may move to modify the joint request for arbitration 
to include one or more additional issues arising in the referred claim. 
To be effective, any such modification must be signed by the Arbitrator 
and all other parties. The joint request for arbitration may also be 
modified to add one or more additional parties, if such intervention is 
permitted by Sec. 304.24(a) of this part. To be effective, any such 
modification must be signed by the Arbitrator, the intervening party or 
parties, and all other parties.
    (d) The statute of limitations governing the EPA claim submitted for 
arbitration shall be extended for a time period equal to the number of 
days from the date the joint request for arbitration is submitted to the 
Association to the date of resolution of any enforcement action relating 
to the final decision.
    (e) Prior to the selection of the Association, the Administrator and 
one or more PRPs associated with a facility may agree to submit one or 
more issues arising in an EPA claim for resolution by arbitration. Any 
such agreement shall be contained in a joint request for arbitration 
which meets all requirements of paragraph (b) of this section. In any 
such arbitration, the arbitrator shall be selected pursuant to 
Sec. 304.22(e) of this part, and payment of all costs associated with 
the arbitration shall be made pursuant to Sec. 304.41(e) of this part. 
Arbitrations agreed upon pursuant to this paragraph shall be governed by 
the procedures established by this part, except for those procedures 
which pertain specifically to the duties of the Association. All duties 
of the Association shall be performed in a manner agreed upon by all of 
the parties.