[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: 40CFR304.40]

[Page 346]
 
                   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 D--Other Provisions
 
Sec. 304.40  Effect and enforcement of final decision.


    (a) Pursuant to section 122(h)(4) of CERCLA, 42 U.S.C. 9622(h)(4), 
any participating PRP who has resolved his or her liability for an EPA 
claim through a final decision reached pursuant to the procedures 
established by this part shall not be liable for claims for 
contributions regarding matters addressed by the final decision.
    (b) The final decision shall be binding and conclusive upon the 
parties as to issues that were jointly submitted by the parties for 
resolution and addressed in the decision.
    (c)(1) If any award made in the final decision is not paid within 
the time required by Sec. 304.33(f) of this part, the final decision may 
be enforced as a settlement under section 122(h) of CERCLA, 42 U.S.C. 
9622(h), by the Attorney General on behalf of EPA in any appropriate 
Federal district court pursuant to section 122(h)(3) of CERCLA, 42 
U.S.C. 9622(h)(3). Pursuant to section 122(h)(3) of CERCLA, the terms of 
the final decision shall not be subject to review in any such action.
    (2) In any such enforcement action initiated by the United States, 
the final decision may be challenged by any party if:
    (i) It was achieved through fraud, misconduct, or partiality on the 
part of the Arbitrator;
    (ii) It was achieved through fraud or misconduct by one of the 
parties affecting the result;
    (iii) The Arbitrator exceeded his or her jurisdiction under 
Sec. 304.20 of this part or failed to decide the claim within the bounds 
of his or her authority under this part; or
    (iv) It violates public policy.
    (3) Except as necessary to show such fraud, misconduct, partiality, 
excess of jurisdiction or authority, or violation of public policy, in 
any such enforcement action, a party may not raise, for the purpose of 
overturning or otherwise challenging the final decision, issues arising 
in the claim that were not submitted for resolution by arbitration.
    (d) Except as provided in paragraph (c) of this section, and except 
as necessary for a participating PRP to defend against an action seeking 
contribution for matters addressed by the final decision, no final 
decision shall be admissible as evidence of any issue of fact or law in 
any proceeding brought under any provision of CERCLA or any other 
provision of law.
    (e) Neither the initiation of an arbitral proceeding nor the 
rendering of a final decision on an EPA claim shall preclude or 
otherwise affect the ability of the United States, including EPA, to:
    (1) Seek injunctive relief against any participating PRP for further 
response action at the facility concerned pursuant to CERCLA or any 
other applicable statute, regulation or legal theory; or
    (2) Take further response action at the facility concerned pursuant 
to CERCLA or any other applicable statute, regulation or legal theory; 
or
    (3) Seek reimbursement from any participating PRP for any costs not 
the subject of the arbitral proceeding pursuant to CERCLA or any other 
applicable statute, regulation or legal theory; or
    (4) Seek any relief for any violation of criminal law from any 
participating PRP; or
    (5) Seek damages for injury to, destruction of, or loss of natural 
resources from any participating PRP; or
    (6) Seek any relief, civil or criminal, from any person not a party 
to the arbitral proceeding under CERCLA or any other applicable statute, 
regulation or legal theory.

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