§ 24-604 Recovery of emergency response costs.
AC § 24-604
a. Each responsible person shall be jointly and severally liable without regard to fault, except as otherwise provided in this chapter, for the total cost incurred by the city for response measures implemented in connection with any emergency involving a release or substantial threat of a release of a hazardous substance into the environment. b. In any action brought by the city to recover its cost for response measures implemented in connection with any emergency involving a release or substantial threat of a release of a hazardous substance into the environment, it shall be an affirmative defense that the release or threat of release of a hazardous substance into the environment was 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 the defendant or a party whose act or omission occurs in connection with a direct or indirect contractual relationship with the defendant, if the defendant establishes by a preponderance of the evidence that (A) he 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 (B) he 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) any combination of paragraphs one, two or three. c. Nothing in this chapter shall be construed to impair any remedy that a responsible person, or a guarantor of a responsible person, has or would have, by reason of indemnification, contribution, subrogation or any other lawful basis against any person, including any action to recover costs incurred for response measures. d. Recovery by the city for response measures resulting from a release expressly authorized or permitted by applicable federal, state or local law shall be pursuant to existing law in lieu of this section. Nothing in this subdivision shall be construed to affect or modify in any way the obligations or liability of any person under any other applicable federal, state or local law, including common law, for damages, injury, or loss resulting from, or for response measures implemented in connection with, any emergency involving a release or a substantial threat of a release of a hazardous substance into the environment. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.
