10.1-1406 - Exemptions from liability; expedited settlements. - Virginia Statutes

§ 10.1-1406. Exemptions from liability; expedited settlements.

A. No person shall be liable under the provisions of subdivision 19 of §10.1-1402 for cleanup or to reimburse the Virginia Environmental EmergencyResponse Fund if he can establish by a preponderance of the evidence that theviolation and the damages resulting therefrom were caused solely by:

1. An act of God;

2. An act of war;

3. An act or omission of a third party other than an employee or agent of thedefendant, or other than one whose act or omission occurs in connection witha contractual relationship, existing directly or indirectly, with thedefendant (except where the sole contractual arrangement arises from apublished tariff and acceptance for carriage by a common carrier by rail), ifthe defendant establishes by a preponderance of the evidence that (i) heexercised due care with respect to the hazardous waste or hazardous substanceconcerned, taking into consideration the characteristics of such hazardouswaste or hazardous substance, in light of all relevant facts andcircumstances and (ii) he took precautions against foreseeable acts oromissions of any such third party and the consequences that could foreseeablyresult from such acts or omissions; or

4. Any combination of subdivisions 1 through 3 of this section. For purposesof this section, the term "contractual arrangement" shall have the meaningascribed to it in 42 U.S.C. § 9601(35).

B. The Board may, consistent with programs developed under the federal acts,expedite a determination to limit the liability of innocent landowners, deminimis contributors or others who have grounds to claim limitedresponsibility for a containment or cleanup which may be required pursuant tothis chapter.

(1986, c. 566, § 10-270; 1988, cc. 627, 891; 1990, cc. 472, 919; 1991, c.718; 1999, c. 798.)