There shall be no liability under § 8-1442 for a person otherwise liable who can establish by a preponderance of the evidence that the costs resulting from their acts or omissions were caused solely by:

1. (1) An act of God;
2. (2) An act of War;

3. (3) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant, if the defendant establishes by a preponderance of the evidence that the defendant:

   1. (A) Exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances; and
   2. (B) Took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
4. (4) Any combination of the foregoing paragraphs.

History

Mar. 14, 2007, D.C. Law 16-262, § 305, 54 DCR 794

Mar. 25, 2009, D.C. Law 17-353, § 157(d), 56 DCR 1117

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction.

Section References

This section is referenced in § 8-1442.