[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.1]

[Page 348]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 305_COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS 
AGAINST THE SUPERFUND--Table of Contents
 
                            Subpart A_General
 
Sec.  305.1  Scope.




                            Subpart A_General

Sec.
305.1 Scope.
305.2 Use of number and gender.
305.3 Definitions.
305.4 Powers and duties of the Review Officer and the Presiding Officer; 
          disqualification.
305.5 Filing, service, and form of pleadings and documents.
305.6 Computation and extension of time.
305.7 Ex parte discussion of proceeding.
305.8 Examination of documents filed.

                    Subpart B_Parties and Appearances

305.10 Appearances.
305.11 Consolidation and severance.

                     Subpart C_Prehearing Procedures

305.20 Request for a hearing; contents.
305.21 Amendment of request for a hearing; withdrawal.
305.22 Answer to the request for a hearing.
305.23 Motions.
305.24 Default order.
305.25 Informal settlement; voluntary agreement.
305.26 Prehearing conference.
305.27 Accelerated order, order to dismiss.

                       Subpart D_Hearing Procedure

305.30 Scheduling the hearing.
305.31 Evidence.
305.32 Objections and offers of proof.
305.33 Burden of presentation; burden of persuasion.
305.34 Filing the transcript.
305.35 Proposed findings, conclusions, and order.
305.36 Final order; costs.

    Authority: 42 U.S.C. 9601 et seq.; E.O. 12580, 52 FR 2923, 3 CFR, 
1987 Comp. p. 193.

    Source: 58 FR 7706, Feb. 8, 1993, unless otherwise noted.



    (a)(1) This part governs all administrative proceedings for the 
total or partial denial of response claims asserted against the 
Hazardous Substance Superfund (the Fund) pursuant to sections 111(a)(2) 
and 122(b)(1) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (CERCLA), as amended by the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), 42 U.S.C. 9601 et 
seq.
    (2) Sections 111(a)(2) and 122(b)(1) of CERCLA authorize EPA, among 
other things, to use the Fund to reimburse certain persons who file 
claims for eligible response costs incurred in carrying out the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
part 300. In the event that the Claims Official declines to pay all or 
part of a claim, a claimant may request an administrative hearing 
pursuant to Sec.  305.4(a) within 30 days after receiving notice of the 
Claims Official's decision. The procedures governing such a proceeding 
are set forth in this part.
    (b) Procedural questions arising at any stage of the proceeding 
which are not addressed in this part shall be resolved at the discretion 
of the Claims Official, the Review Officer, or the Presiding Officer, as 
appropriate.