§ 23-19.14-7 Exemptions to liability.– The following parties are not responsible parties and shall not be held liablefor costs or damages associated with a release of hazardous material and/orpetroleum:
(1) Persons otherwise liable who can establish by apreponderance of the evidence that the release or threat of release of ahazardous substance and the damages resulting from that release or threat ofrelease were caused solely by an act of God or an act of war;
(2) Bona fide prospective purchasers who have received:
(i) A remedial decision letter and are actively engaged inimplementing the remedial action approved therein; provided, that the remedialaction is being diligently pursued to completion in accordance with approvedwork schedules; or
(ii) A letter of compliance confirming successful completionof a remedial action approved by the department; or
(iii) An enforceable settlement agreement under §23-19.14-10.
(3) Persons who maintain an indicia of ownership solely toprotect a secured interest in land and are not operators;
(4) Persons who are not operators and who act solely ascustodial receivers or who can establish by a preponderance of evidence thatthey are an innocent landowner and the release or threat of release were causedsolely by an act or omission of a third party other than an employer or agentof the defendant, or whose act or omission occurs in connection with acontractual relationship, existing directly or indirectly, with the defendantif the defendant establishes:
(i) He or she exercised due diligence in the acquisition ofthe site at the time of purchase and exercised due care with respect to thehazardous material and/or petroleum concerned, taking into consideration thecharacteristics of the hazardous material, in light of the facts andcircumstances; and
(ii) He or she took precautions against foreseeable acts, oromissions of any third party and the consequences that could foreseeably resultfrom those acts or omissions;
(5) A unit of state or local government which acquiredownership or control involuntarily through bankruptcy, tax delinquency,abandonment or other circumstances in which the government involuntarilyacquires title by virtue of its function as sovereign; provided, however, thatthe unit of state or local government did not cause or contribute to therelease or threatened release of a hazardous material at the site; and
(6) A person that owns real property that is contiguous to orotherwise similarly situated with respect to, and that is or may becontaminated by a release or threatened release of a hazardous material from,real property that is not owned by that person shall not be considered to be aresponsible party for the site solely by reason of the contamination if:
(A) The person did not cause, contribute, or consent to therelease or threatened release;
(B) The person is not:
(I) Potentially liable, or affiliated with any other personthat is potentially liable, for response costs at the site through any director indirect familial relationship or any contractual, corporate, or financialrelationship (other than a contractual, corporate, or financial relationshipthat is created by a contract for the sale of goods or services); or
(II) The result of a reorganization of a business entity thatwas potentially liable;
(C) The person takes reasonable steps to:
(I) Stop any continuing release;
(II) Prevent any threatened future release; and
(III) Prevent or limit human, environmental, or naturalresource exposure to any hazardous substance released on or from property ownedby that person;
(D) The person provides full cooperation, assistance, andaccess to persons that are authorized to conduct response actions or naturalresource restoration at the site from which there has been a release orthreatened release (including the cooperation and access necessary for theinstallation, integrity, operation, and maintenance of any complete or partialresponse action or natural resource restoration at the site);
(E) The person:
(I) Is in compliance with any land use restrictionsestablished or relied on in connection with the response action at the site; and
(II) Does not impede the effectiveness or integrity of anyinstitutional control employed in connection with a response action; and
(F) The person provides all legally required notices withrespect to the discovery or release of any hazardous substances at the facility.
(ii) To qualify as a person described in this subdivision, aperson must establish by a preponderance of the evidence that the conditions insubparagraphs (i)(A) through (i)(F) of this subdivision have been met.
§ 23-19.14-7 Exemptions to liability.– The following parties are not responsible parties and shall not be held liablefor costs or damages associated with a release of hazardous material and/orpetroleum:
(1) Persons otherwise liable who can establish by apreponderance of the evidence that the release or threat of release of ahazardous substance and the damages resulting from that release or threat ofrelease were caused solely by an act of God or an act of war;
(2) Bona fide prospective purchasers who have received:
(i) A remedial decision letter and are actively engaged inimplementing the remedial action approved therein; provided, that the remedialaction is being diligently pursued to completion in accordance with approvedwork schedules; or
(ii) A letter of compliance confirming successful completionof a remedial action approved by the department; or
(iii) An enforceable settlement agreement under §23-19.14-10.
(3) Persons who maintain an indicia of ownership solely toprotect a secured interest in land and are not operators;
(4) Persons who are not operators and who act solely ascustodial receivers or who can establish by a preponderance of evidence thatthey are an innocent landowner and the release or threat of release were causedsolely by an act or omission of a third party other than an employer or agentof the defendant, or whose act or omission occurs in connection with acontractual relationship, existing directly or indirectly, with the defendantif the defendant establishes:
(i) He or she exercised due diligence in the acquisition ofthe site at the time of purchase and exercised due care with respect to thehazardous material and/or petroleum concerned, taking into consideration thecharacteristics of the hazardous material, in light of the facts andcircumstances; and
(ii) He or she took precautions against foreseeable acts, oromissions of any third party and the consequences that could foreseeably resultfrom those acts or omissions;
(5) A unit of state or local government which acquiredownership or control involuntarily through bankruptcy, tax delinquency,abandonment or other circumstances in which the government involuntarilyacquires title by virtue of its function as sovereign; provided, however, thatthe unit of state or local government did not cause or contribute to therelease or threatened release of a hazardous material at the site; and
(6) A person that owns real property that is contiguous to orotherwise similarly situated with respect to, and that is or may becontaminated by a release or threatened release of a hazardous material from,real property that is not owned by that person shall not be considered to be aresponsible party for the site solely by reason of the contamination if:
(A) The person did not cause, contribute, or consent to therelease or threatened release;
(B) The person is not:
(I) Potentially liable, or affiliated with any other personthat is potentially liable, for response costs at the site through any director indirect familial relationship or any contractual, corporate, or financialrelationship (other than a contractual, corporate, or financial relationshipthat is created by a contract for the sale of goods or services); or
(II) The result of a reorganization of a business entity thatwas potentially liable;
(C) The person takes reasonable steps to:
(I) Stop any continuing release;
(II) Prevent any threatened future release; and
(III) Prevent or limit human, environmental, or naturalresource exposure to any hazardous substance released on or from property ownedby that person;
(D) The person provides full cooperation, assistance, andaccess to persons that are authorized to conduct response actions or naturalresource restoration at the site from which there has been a release orthreatened release (including the cooperation and access necessary for theinstallation, integrity, operation, and maintenance of any complete or partialresponse action or natural resource restoration at the site);
(E) The person:
(I) Is in compliance with any land use restrictionsestablished or relied on in connection with the response action at the site; and
(II) Does not impede the effectiveness or integrity of anyinstitutional control employed in connection with a response action; and
(F) The person provides all legally required notices withrespect to the discovery or release of any hazardous substances at the facility.
(ii) To qualify as a person described in this subdivision, aperson must establish by a preponderance of the evidence that the conditions insubparagraphs (i)(A) through (i)(F) of this subdivision have been met.
§ 23-19.14-7 Exemptions to liability.– The following parties are not responsible parties and shall not be held liablefor costs or damages associated with a release of hazardous material and/orpetroleum:
(1) Persons otherwise liable who can establish by apreponderance of the evidence that the release or threat of release of ahazardous substance and the damages resulting from that release or threat ofrelease were caused solely by an act of God or an act of war;
(2) Bona fide prospective purchasers who have received:
(i) A remedial decision letter and are actively engaged inimplementing the remedial action approved therein; provided, that the remedialaction is being diligently pursued to completion in accordance with approvedwork schedules; or
(ii) A letter of compliance confirming successful completionof a remedial action approved by the department; or
(iii) An enforceable settlement agreement under §23-19.14-10.
(3) Persons who maintain an indicia of ownership solely toprotect a secured interest in land and are not operators;
(4) Persons who are not operators and who act solely ascustodial receivers or who can establish by a preponderance of evidence thatthey are an innocent landowner and the release or threat of release were causedsolely by an act or omission of a third party other than an employer or agentof the defendant, or whose act or omission occurs in connection with acontractual relationship, existing directly or indirectly, with the defendantif the defendant establishes:
(i) He or she exercised due diligence in the acquisition ofthe site at the time of purchase and exercised due care with respect to thehazardous material and/or petroleum concerned, taking into consideration thecharacteristics of the hazardous material, in light of the facts andcircumstances; and
(ii) He or she took precautions against foreseeable acts, oromissions of any third party and the consequences that could foreseeably resultfrom those acts or omissions;
(5) A unit of state or local government which acquiredownership or control involuntarily through bankruptcy, tax delinquency,abandonment or other circumstances in which the government involuntarilyacquires title by virtue of its function as sovereign; provided, however, thatthe unit of state or local government did not cause or contribute to therelease or threatened release of a hazardous material at the site; and
(6) A person that owns real property that is contiguous to orotherwise similarly situated with respect to, and that is or may becontaminated by a release or threatened release of a hazardous material from,real property that is not owned by that person shall not be considered to be aresponsible party for the site solely by reason of the contamination if:
(A) The person did not cause, contribute, or consent to therelease or threatened release;
(B) The person is not:
(I) Potentially liable, or affiliated with any other personthat is potentially liable, for response costs at the site through any director indirect familial relationship or any contractual, corporate, or financialrelationship (other than a contractual, corporate, or financial relationshipthat is created by a contract for the sale of goods or services); or
(II) The result of a reorganization of a business entity thatwas potentially liable;
(C) The person takes reasonable steps to:
(I) Stop any continuing release;
(II) Prevent any threatened future release; and
(III) Prevent or limit human, environmental, or naturalresource exposure to any hazardous substance released on or from property ownedby that person;
(D) The person provides full cooperation, assistance, andaccess to persons that are authorized to conduct response actions or naturalresource restoration at the site from which there has been a release orthreatened release (including the cooperation and access necessary for theinstallation, integrity, operation, and maintenance of any complete or partialresponse action or natural resource restoration at the site);
(E) The person:
(I) Is in compliance with any land use restrictionsestablished or relied on in connection with the response action at the site; and
(II) Does not impede the effectiveness or integrity of anyinstitutional control employed in connection with a response action; and
(F) The person provides all legally required notices withrespect to the discovery or release of any hazardous substances at the facility.
(ii) To qualify as a person described in this subdivision, aperson must establish by a preponderance of the evidence that the conditions insubparagraphs (i)(A) through (i)(F) of this subdivision have been met.
