California Code of Regulations
Title 27 - Environmental Protection
Division 4 - Office of Environmental Health Hazard Assessment
Chapter 2 - Hazardous Substance Cleanup Arbitration Panel Hearing Regulations
Article 7 - Pleadings
Section 28035 - Petition to Convene the Panel; Contents
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A petition to convene the panel must contain the following:
(a) A petition to convene the panel;
(b) An explanation of the reasons for convening the panel;
(c) Identification of the party or parties petitioning arbitration, their names and addresses for the purposes of service and a recitation of their aggregate liability, if appropriate;
(d) The name and address of any other known potentially responsible party;
(e) An agreement not to contest the fact of liability in the arbitration, if filed pursuant to Health and Safety Code section 25356.3, subdivision (a);
(f) The date of the issuance of the final remedial action plan, if appropriate;
(g) An estimate of the length of time required to present the petitioning party's or parties' case or cases.
(h) An affidavit by the petitioner attesting to how each and every statutory requirement for filing the petition pursuant to Health and Safety Code sections 25356.3 or 25398.10, as applicable, has been met.
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 A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.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, including new subsection (b), subsection relettering, and new subsection (h), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect amending subsection (h) filed 5-12-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 20).
7. Change without regulatory effect renumbering title 22, section 15035 to title 27, section 28035 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.
