What are the procedures for an administrative appeal before the neutral EPA official?
The property owner may present information or submit documents purporting to establish that EPA has made a material error in concluding that there is a reasonable basis to file a notice of a windfall lien. The neutral EPA official will consider all facts in the Lien Filing Record and all presentations made at the meeting. The property owner (and/or an attorney, at the property owner’s option), regional enforcement staff, and the official will attend the meeting. The meeting will ordinarily be held at the EPA Regional office in the Region having jurisdiction. The official will ensure a record of the meeting is kept and added to the Lien Filing Record, and conduct the meeting informally, facilitating the exchange of information between the Region and the property owner. The official will allow both the property owner and the regional representative to present evidence supporting their positions, ask questions, and discuss evidence, and the official may also pose questions to the regional
