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##EO-95-007-PP <br /> SaTATE OF CAUFORNIA—CAUFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON,Governor <br /> DEPARTMENT OF TOXIC SUBSTANCES CONTROL <br /> 400 P STREET.4TH FLOOR .. <br /> P.O.BOX 806 <br /> i' <br /> SACRAMENTO.CA 95812.0806 <br /> APPENDIX II-A <br /> PRELIMINARY NONBINDING ALLOCATION OF RESPONSIBILITY <br /> Health and Safety Code (HSC) section 25356.1 (e) requires the <br /> Department of Toxic Substances Control (DTSC) to prepare a preliminary <br /> nonbinding allocation of responsibility (the "NBAR") among all <br /> identifiable potentially responsible parties (PRPs) : HSC section <br /> 25356 .3 (a) allows PRPs with an aggregate allocation in excess of 50% <br /> to convene an arbitration proceeding by submitting to binding <br /> arbitration before an arbitration panel . If PRPs with over 50% of the <br /> allocation convene arbitration, then any other PRP wishing to do so <br /> may also submit to binding arbitration. <br /> The sole purpose of the NBAR is to establish which PRPs will <br /> have an aggregate allocation in excess of 50% and can therefore <br /> convene arbitration if they so choose. The NEAR, which is based on <br /> the evidence available to the DTSC, is not binding on anyone, <br /> including PRPs, DTSC, or the arbitration panel . If a panel is <br /> convened, its proceedings are de novo and do not constitute a review <br /> .- of the provisional allocation. The arbitration panel' s allocation <br /> will be based on the panel' s application of the criteria spelled out <br /> in HSC section 25356 .3 (c) to the evidence produced at the arbitration <br /> hearing. Once arbitration is convened, or waived, the NEAR has no <br /> further effect, in arbitration, litigation or any other proceeding, <br /> except that both the NBAR and the arbitration panel' s allocation are <br /> admissible in a court of law, pursuant to HSC section 25356 . 7 for the <br /> sole purpose of showing the good faith of the parties who have <br /> discharged the arbitration panel's decision. <br /> DTSC sets forth the following preliminary nonbinding allocation <br /> of responsibility for the [name] site : <br /> [Name of RP] is allocated [percentage] responsibility; [name of <br /> RP] is allocated [percentage] responsibility [name of RP] is <br /> ` allocated [name of RP] ; etc. <br /> 18 - 11/161,n <br /> MW <br /> • <br /> AV~MRKyv.pP o <br />