1. Regulations
  2. title 33
  3. chapter I-i1
  4. part 136
  5. subpart C
  6. § 136.203

View all text of Subpart C [§ 136.201 - § 136.241]

§ 136.203 - Proof.

In addition to the requirements of Subparts A and B of this part, a claimant must establish—

(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident;

(b) That the removal costs were incurred as a result of these actions;

(c) That the actions taken were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC.

AUTHORITY: 33 U.S.C. 2713(e) and 2714; Sec. 1512 of the Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2004 Comp., p.166; Department of Homeland Security Delegation No. 0170.1, para. 2(80).

SOURCE: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless otherwise noted.

CITE AS: 33 CFR 136.203