[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: 40CFR307.30]

[Page 369-370]
 
                   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.  307.30  Requesting payment from the potentially responsible party.


    (a) A claimant must present all claims to any person who is known to 
the claimant and who may be liable under section 107 of CERCLA at least 
60 days before filing a claim against the Fund. The presentation to the 
potentially responsible party must be a written request for payment, 
delivered either by certified mail (return receipt requested) or in such 
a manner as will establish the date of receipt. At a minimum this 
request must contain:
    (1) The name of the claimant (commercial entity or individual);
    (2) The name, title, and address of any authorized representative;
    (3) The location of the release and cleanup;
    (4) The date of the release, if known;
    (5) The owner of the property, if other than the claimant;

[[Page 370]]

    (6) A description of the response action taken; and
    (7) The amount of the request (in dollars);
    (8) If applicable, notice of intent to file a subsequent application 
for preauthorization or claim against the Fund for additional operable 
units or for a stage of a response action.
    (b) Where the potentially responsible party is unknown, the claimant 
must make a good-faith effort to identify the potentially responsible 
party prior to submitting a claim. If the potentially responsible party 
is identified, the claimant must then comply with the procedures of 
Sec.  307.30(a). Where a potentially responsible party cannot be 
identified, the claimant may submit a claim to the Fund pursuant to 
Sec.  307.31. Claims submitted under this paragraph must be accompanied 
by documentation of efforts to identify potentially responsible parties.
    (c) If the claimant and the potentially responsible party agree to a 
settlement involving a release from liability, the claimant may submit a 
claim against the Fund for any costs that are not recovered provided the 
claimant complies with the provisions of Sec.  307.20(c), which require 
EPA's prior approval of such releases from liability.
    (d) If the claim is denied by the potentially responsible party, or 
has not been satisfied after 60 days of presentation to such party, the 
claimant may submit a claim to the Fund in accordance with Sec.  307.31.
    (e) If the first claim was denied by the potentially responsible 
party or not responded to, and EPA agrees that there is no reason to 
believe that subsequent claims would be honored by such potentially 
responsible party, the denial of the first claim, or lack of response, 
shall be considered denial of every subsequent claim.