[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: 40CFR307.31]

[Page 370]
 
                   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 C--Procedures for Filing and Processing Response Claims
 
Sec. 307.31  Filing procedures.

    (a) A response claim must be submitted on EPA Form 2075-4 and must 
include:
    (1) Documentation showing that the claimed response activities were 
preauthorized by EPA;
    (2) Documentation showing that the response activity was 
accomplished in a manner consistent with the PDD, noting any deviation 
from preauthorized activities;
    (3) Documentation that a search to identify potentially responsible 
parties was conducted in accordance with Sec. 307.30 and of any contacts 
with such parties; and
    (4) Substantiation that all claimed costs are necessary costs.
    (b) Claimants (or their authorized representatives) may amend their 
claims at any time before final action by EPA. Amendment of claims after 
final action by EPA will be allowed only at EPA's discretion. Each 
amendment must be submitted in writing and must be signed by the 
claimant or authorized representative. The time limitations of 
Sec. 307.32(i) refer to the date by which an amendment is filed.
    (c) Claimants may not pursue both an action in court against 
potentially responsible parties and a claim against the Fund at the same 
time for the same response costs. EPA will return claims presented under 
this subpart when the Agency determines that a claimant has initiated an 
action for recovery of the same response costs, in court, against a 
party potentially liable under section 107 of CERCLA.