with respect to a National Priority List site, any
creditor party may, in accordance with paragraph
(2), recover from any debtor party the following:
‘‘(A) With respect to a debtor party who is
a liable party, that party’s assigned share, as
determined under the binding allocation of re-
sponsibility.
‘‘(B) With respect to a debtor party which
is the Hazardous Substance Revolving Fund,
the orphan share, as determined under the
binding allocation of responsibility.
‘‘(C) With respect to a debtor party who is
either a liable party or the Hazardous Sub-
stance Revolving Fund, any attorneys’ fees in-
curred by the creditor party in a judicial action
seeking to recover costs from the debtor party.
‘‘(2) PROCEDURES FOR RECOVERY.—Recovery
by a creditor party from a debtor party shall be car-
ried out in accordance with the following provisions:
‘‘(A) The creditor party shall file a cer-
tified copy of the final decision of the binding
allocation of responsibility in the United States
District Court for the district in which the site
is located.
‘‘(B) The creditor party shall file a verified
statement with the same court specifying the
actions taken and the costs incurred by the
creditor party, and stating that such actions
and costs are not inconsistent with the National
Contingency Plan.
‘‘(C) The creditor party shall serve a de-
mand notice to each debtor party against whom
enforcement is sought and shall deliver a copy
of each such notice to the Administrator and
the State in which the site is located. The de-
mand notice shall specify the total amount of
costs covered by the notice, state a demand
amount (consisting of the debtor party’s as-
signed share or, with regard to the Revolving
Fund, the orphan share), and demand that the
debtor party pay such demand amount within
30 days after receipt of the notice. Any demand
notice served by a creditor party shall provide
that a debtor party may pay the demand
amount over a period of time in installment
payments. A copy of the demand notice shall be
filed with the United States District Court for
the district in which the site is located.
‘‘(D) With respect to any response actions
or expenditures of a continuing nature, verified
statements and demand notices shall be filed
with the court and delivered to the debtor par-
ties and the guardian quarterly.
‘‘(E) Where several liable parties, or a lia-
ble party and the Administrator or the State,
each take actions or incur costs not inconsistent
with the National Contingency Plan, different
demand notices may be issued concurrently.
‘‘(b) PENALTIES AND DAMAGES.—Except in the case
of a challenge to collection duly filed in accordance with
subsection (c), if a liable party, including any Federal,
State, or local governmental agency, fails to pay the sum
specified in a demand notice within 30 days after receipt
of the notice (or, in the case of a debtor party paying by
installments, within 30 days after an installment payment
is due), such party shall be liable for the interest thereon,
civil penalties of up to $10,000 per day, and damages of
up to an amount equal to 3 times the sum specified in
the demand notice. In the case of the orphan share, if the
Hazardous Substance Revolving Fund fails to pay the sum
specified in a demand notice within 30 days after receipt
of the notice, the Revolving Fund shall be liable for inter-
est thereon and damages of up to the amount equal to
2 times the sum specified in the demand notice.
‘‘(c) CHALLENGES TO ENFORCEMENT.—There shall
be no administrative or judicial review of any aspect of
a demand notice filed and delivered pursuant to subsection
(a) except in accordance with this subsection. Within 30
days after receipt of a demand notice, a liable party or,
in the case of the orphan share, the guardian may file
a petition with the allocation panel that issued the binding
allocation of responsibility decision contending that the
costs reflected in the demand notice were incurred for ac-
tions inconsistent with the National Contingency Plan. If
such a petition is filed, the allocation panel shall conduct
an expedited review of the matter. The review shall be lim-
ited solely to the issue of the alleged inconsistency of the
response actions and costs with the National Contingency
Plan. The person challenging the demand notice shall have
the burden of proof that such actions and the claimed
costs are inconsistent with the National Contingency Plan.
The allocation panel’s decision shall not be subject to judi-
cial review. Payment need not be made, and no interest
shall accrue, pending the allocation panel’s decision.
‘‘(d) 
SUBSEQUENT
ADDITIONS
TO
ORPHAN
SHARE.—If good faith collection and enforcement efforts,
whether by the Federal or State government or by any
other creditor party, against a liable party results in a ju-
dicial or administrative determination that such liable
party is an orphan party, then such liable party’s share
will be added to the orphan share amount and will be re-
coverable from the Hazardous Substance Revolving Fund.
‘‘(e) CONTRIBUTION PROTECTION.—Liable parties
that pay their assigned share and comply with the binding
allocation of responsibility decision shall have no other li-
ability, under Federal or State law, to any person for costs
incurred at the site, and shall be granted covenants not
to sue by the Federal Government and the State govern-
ment concerned, except that the binding allocation of re-
sponsibility decision shall not affect any contract for insur-
ance or indemnification.
‘‘SEC. 509. TRANSITION PROVISIONS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), no person may initiate any administrative or judicial
action under section 106, subparagraph (A), (B), or (D)
of section 107(a)(4), or section 113, or under any other
Federal or State law or regulation, for the recovery of re-
sponse costs, contribution, or performance of response ac-
tions regarding any National Priority List site until 90
days after a final binding allocation of responsibility is
issued.