1. (a) Unless otherwise agreed to, the amount of petroleum hydrocarbons recovered shall be determined pursuant to Sections 877.3, 878, 879 and 880. The Responsible Party and the Administrator may use an alternative method to the method described in these sections. This alternative method shall be agreed to at the time of the incident and shall be included in the Incident Action Plan or as an attachment thereto.

2. (b) Not withstanding Section 877.1(a), the Administrator and Responsible Party or potentially Responsible Party shall not be precluded from entering into a binding agreement whereby the parties stipulate to the amount of oil spilled and/or recovered. Such agreement shall be binding on the parties for purposes of a civil penalty action.

   Stipulations may be entered into where the parties determine that it is in the interest of justice to do so to facilitate resolution of the response.

Note: Authority cited: Section 8670.67.5, Government Code. Reference: Section 8670.67.5, Government Code.

History

1. New section filed 7-23-97; operative 8-22-97 (Register 97, No. 30).