What if there is a potentially responsible party (PRP) for the discharge?
A9. When the ECA receives a claim, a preliminary review is performed to determine if anyone has been named in the claim application or is noted in the Department’s files as being potentially responsible for the discharge that allegedly caused the claimed damages. In accordance with the Spill Act, if a PRP is named or identified, “Upon receipt of any claim, the administrator shall as soon as practicable, inform all affected parties of the claim.” However, the Spill Act also provides that, “Boards of arbitration shall be convened by the administrator when persons alleged to have caused the discharge, the administrator or other persons contest the validity or amount of damage claims or cleanup and removal costs presented to the fund for payment.” This means that if anyone contests a claim, payment of the claim must be suspended until the claim matter is resolved through the arbitration process. It is also possible that the claim may not be paid after arbitration is completed, depending on
