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§ 6027.7. Defenses to liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 25, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29J. Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act (Refs & Annos)
Effective: September 25, 2009
35 P.S. § 6027.7
§ 6027.7. Defenses to liability
Currentness
A lender, fiduciary or economic development agency can avoid liability under the environmental acts by showing evidence that a release or threatened release of regulated substances for which the lender, fiduciary or economic development agency otherwise is responsible under sections 4, 5 and 61 was caused by any of the following:
(1) An act of God.
(2) An intervening act of a public agency.
(3) Migration from property owned by a third party.
(4) Actions taken or omitted in the course of rendering care, assistance or advice in accordance with the environmental acts or at the direction of the department.
(5) An act of a third party who was not an agent or employee of the lender, fiduciary or economic development agency.
(6) If the alleged liability for a lender or economic development agency arises after foreclosure and the lender or economic development agency exercised due care with respect to the lender's or economic development agency's knowledge about the regulated substances and took reasonable precautions based upon such knowledge against foreseeable actions of third parties and the consequences arising therefrom. A lender, fiduciary or economic development agency can avoid liability by proving any other defense which may be available to it under the environmental acts or common law.

Credits

1995, May 19, P.L. 33, No. 3, § 7, effective in 60 days. Amended 2009, July 27, P.L. 100, No. 26, § 2, effective in 60 days [Sept. 25, 2009].

Footnotes

1
35 P.S. §§ 6027.4, 6027.5, 6027.6.
35 P.S. § 6027.7, PA ST 35 P.S. § 6027.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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