[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: 40CFR307.41]

[Page 372-373]
 
                   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 D--Payments and Subrogation
 
Sec. 307.41  Subrogation of claimants' rights to the Fund.

    (a) The United States acquires by subrogation all rights of the 
claimant to recover the amount of the claim paid by the Fund from the 
person or persons liable under section 107 of CERCLA for the release 
giving rise to the response action.
    (b) Claimants shall assist in any cost recovery action that may be 
initiated by the United States. The claimant and the claimant's 
contractors shall furnish the personnel, services, documents, and 
materials needed to assist EPA in the collection of evidence to

[[Page 373]]

document work performed and costs expended by the claimant or the 
claimant's contractors at the particular site in order to aid in cost 
recovery efforts. The claimant and the claimant's contractors shall also 
provide all requested assistance in the interpretation of documents 
detailing work and costs that may be needed as evidence, and shall 
testify on behalf of the United States in any judicial or administrative 
cost recovery proceeding regarding the response costs claimed. All of 
the claimant's contracts for implementing the PDD shall expressly 
require their contractors to provide this cost recovery assistance.