[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: 40CFR307.20]

[Page 363-364]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 307--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY 
ACT (CERCLA) CLAIMS PROCEDURES--Table of Contents
 
    Subpart B--Eligible Claimants; Allowable Claims; Preauthorization
 
Sec. 307.20  Who may present claims.


    (a) Subject to the provisions of this subpart, claims for the costs 
of response actions may be asserted against the Fund by any person other 
than the United States Government, States, and political subdivisions 
thereof, except to the extent the claimant is otherwise compensated for 
the loss. States and political subdivisions may assert such claims if 
they are potentially responsible parties subject to an agreement reached 
pursuant to section 122(b)(1) of CERCLA.
    (b) Claims presented by an individual must be signed by that 
individual. If, because of death, disability, or other reasons 
satisfactory to EPA, the foregoing requirement cannot be fulfilled, the 
claim may be filed by a duly authorized agent, executor, administrator, 
or other legal representative. A claim presented by an entity or an 
authorized agent, executor, administrator, or other legal representative 
must be presented in the name of the claimant. The claim must be signed 
by the authorized agent, executor, administrator, or other legal 
representative (including the title or legal capacity of the person 
signing) and be accompanied by evidence of the authority to present a 
claim on behalf of the claimant as

[[Page 364]]

authorized agent, executor, administrator, or other legal 
representative.
    (c) A claim for response costs as to which any release from 
liability was executed between the claimant and a potentially 
responsible party may be presented against the Fund to the extent that 
the claimant obtained EPA's approval prior to executing such release and 
provided that the other requirements of this part are met.
    (d) A foreign claimant may present a response claim to the Fund, to 
the same extent that a United States claimant may assert a claim, if:
    (1) The requirements of Sec. 307.21 and Sec. 307.22 are met; and
    (2) The release of a hazardous substance occurred in the navigable 
waters of the United States, including the territorial sea, or in or on 
the territorial sea or adjacent shoreline of a foreign country of which 
the claimant is a resident; and
    (3) The claimant is not otherwise compensated for the loss; and
    (4)The hazardous substance was released from a facility or from a 
vessel located adjacent to or within the navigable waters or was 
discharged in connection with activities conducted under the Outer 
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.), or the 
Deepwater Port Act of 1974, as amended (33 U.S.C. 1501 et seq.); and
    (5) Recovery is authorized by a treaty or an executive agreement 
between the United States and the foreign country involved, or if the 
Secretary of State, in consultation with the Attorney General and other 
appropriate officials, certifies that such country provides a comparable 
remedy for United States claimants.