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#rEO-95-007-PP <br /> STATE OF CALIFORNIA—CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON.'Goroinor <br /> DEPARTMENT OF TOXIC SUBSTANCES CONTROL <br /> 400 P STREET,4TH FLOOR '; <br /> P.O.BOX 806 <br /> SACRAMENTO.CA 95812-0808 <br /> APPENDIR V <br /> Letter 1 <br /> Enclosure 2 <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 "NEAR") 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 NEAR is to establish which PRPs will have <br /> an aggregate allocation in excess of 50% and can therefore convene <br /> arbitration if they so choose. The NBAR, which is based on the <br /> evidence available to the DTSC, is not binding on anyone, including <br /> PRPs, DTSC, or the arbitration panel. If a panel is convened, its <br /> proceedings are de novo and do not constitute a review of the <br /> provisional allocation. The arbitration panel' s allocation will be <br /> based on the panel' s application of the criteria spelled out in HSC <br /> 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 /> RPI is allocated [percentage] responsibility (name of RPI -is allocated <br /> [name of RP] ; etc . <br /> 24 - 11/16A5 <br /> a <br /> Pr,Mfed-RM. d/)ON <br />