N.Y. Comp. Codes R. & Regs. tit. 2 § 403.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 403.2 - Challenge of a damage claim

(a) Where identity of a discharger has been determined pursuant to paragraph (a)(4) of section 402.5 of this Chapter, or liability is conceded by an alleged discharger, any challenge by persons of the validity or amount of such a damage claim must be filed in writing with the administrator, stating the particular points being challenged and the basis for the challenge, prior to the reaching of a settlement between the known or alleged discharger and the claimant or, if settlement negotiations are unsuccessful, by the end of the 20-day period set forth in subdivision 402.6(b) of this Chapter.

(b) Where a claimant has not set forth the name of a person alleged to have caused the discharge, and the administrator cannot determine the source of the discharge, any challenge by persons of the validity or amount of such a damage claim must be filed in writing with the administrator, stating the particular points being challenged and the basis for the challenge, prior to the reaching of a settlement between the claimant and the administrator.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 403.2