Case Type Number:
Statute (Common Name):
and Liability Act of 1980; Superfund Implementation
Brief Description of Case Type:
This case type is for hearings for the total or partial denial of response claims asserted against the Hazardous Substance Superfund pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The Act allows certain persons who file claims for eligible response costs in carrying out the National Oil and Hazardous Substances Pollution Contingency Plan to request an administrative hearing if their claims are denied. "Within 30 days after receiving notice that the Claims Official has declined to pay all or part of a claim, the claimant may file a Request for a Hearing with the Review Officer." 40 CFR 305.20(a). NOTE: The review officer is a frontline official who makes the initial decision to deny a claim. He refers the request for a hearing to the Presiding Officer of the hearing. NOTE 2: 42 USC 9612(b) details the statutory requirements for hearing procedures for response claims against the Superfund which align with the regulations.
Relief Available in Actions Filed By Private Parties:
Reversal of Decision Denying Request/Application
Verified by Agency: