Section 741.310  Allocation Proposals and Hearing Requests

a)         Within 60 days following the close of discovery, the participants must submit a joint proposal to the Board that must include either or both of the following, as applicable:

1)         For any or all of the participants, an agreed allocation of proportionate shares;

2)         A request for hearing on all allocations of proportionate shares for which the participants have not agreed.

b)         If agreed allocations are reached for all participants, the allocated shares must total 100 percent of the performance or costs of the response under the Remedial Action Plan or written agreement with the Agency.

c)         If a hearing is requested as part of the joint proposal under subsection (a) of this Section, the hearing officer will issue an order to schedule and conduct the hearing and address any other matters as necessary.  The order must require that, at least 30 days before the date of hearing, each participant submit a pre-hearing memorandum setting forth the proportionate share that it accepts and the issues to be resolved at the hearing.