Cal. Code Regs. tit. 27 § 28040

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 28040 - Apportionment of Response Costs

(a) For arbitration decisions rendered pursuant to Health and Safety Code section 25356.3, the arbitration panel shall apportion liability for the costs of removal and remedial actions among all identifiable potentially responsible parties, regardless of whether those parties are before the panel or have otherwise been released, or are immune from liability.

(b) For arbitration decisions rendered pursuant to Health and Safety Code section 25398.10, the arbitration panel shall apportion all response costs, including costs incurred by the state in connection with any arbitration conducted, among all responsible parties notified of the arbitration proceedings, regardless of whether those persons appear before the arbitration panel.

(c) The costs of conducting the arbitration shall be borne by the potentially responsible parties submitting to the arbitration, except that any filing fees, witness fees, costs of discovery, or any other costs necessarily incurred by one party shall not be shared by any other party.

Cal. Code Regs. Tit. 27, § 28040

1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15040 to title 27, section 28040 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923) Section 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.