[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR304.41]

[Page 348-349]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 304_ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST RECOVERY CLAIMS--
 
                       Subpart D_Other Provisions
 
Sec.  304.41  Administrative fees, expenses, and Arbitrator's fee.

    (a) The Association shall prescribe an Administrative Fee Schedule 
and a Refund Schedule, which shall be subject to the approval of EPA. 
The schedule in effect at the time of filing or the time of refund shall 
be applicable.
    (b) Expenses of witnesses shall be borne by the party producing such 
witnesses. The expense of the stenographic record and all transcripts 
thereof shall be prorated equally among all parties ordering copies, 
unless otherwise agreed by the parties, or unless the Arbitrator 
assesses such expenses or any part thereof against any specified party 
in the decision. The expense of an interpreter shall be borne by the 
party requesting the interpreter.
    (c) The Association shall establish the per diem fee for the 
Arbitrator, subject to the approval of EPA, prior to the commencement of 
any activities by the Arbitrator. Arrangements for compensation of the 
Arbitrator shall be made by the Association.
    (d) The Association shall make appropriate arrangements to pay the 
Arbitrator's fee and the administrative fee, and shall render an 
accounting to the parties in accordance with the Arbitrator's award, 
within thirty days after the date of the final decision.

[[Page 349]]

    (e) In any arbitration conducted prior to the selection of the 
Association (see Sec.  304.21(e) of this part), all fees and expenses of 
the arbitral proceeding, including the Arbitrator's fee, shall be 
divided equally among all parties, except that expenses of witnesses 
shall be borne by the party producing such witnesses, expenses of an 
interpreter shall be borne by the party requesting such interpreter, and 
the expense of the stenographic record and all transcripts thereof shall 
be prorated equally among all parties ordering copies.