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§ 6020.705. Contribution

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29C. Hazardous Sites Cleanup Act (Refs & Annos)
Chapter 7. Liability and Settlement Procedures
35 P.S. § 6020.705
§ 6020.705. Contribution
Currentness
(a) General rule.--A person may seek contribution from a responsible person under section 701,1 during or following a civil action under section 507 or 1101.2 Claims for contribution shall be brought in accordance with this section and the Pennsylvania Rules of Civil Procedure. Nothing in this section shall diminish the right of a person to bring an action for contribution in the absence of a civil action under section 507 or 1101.
(b) Allocation.--In a civil action in which a liable party seeks a contribution claim, the court, or the board in an action brought under section 507 or 1101, shall enter judgment allocating liability among the liable parties. Allocation shall not affect the parties' liability to the department. The burden is on each party to show how liability should be allocated. In determining allocation under this section, the court or the board may use such equitable factors as it deems appropriate.
The trier of fact shall consider the following factors:
(1) The extent to which each party's contribution to the release of a hazardous substance can be distinguished.
(2) The amount of hazardous substance involved.
(3) The degree of toxicity of the hazardous substance involved.
(4) The degree of involvement of and care exercised by each party in manufacturing, treating, transporting and disposing of the hazardous substance.
(5) The degree of cooperation by each party with Federal, State or local officials to prevent harm to the public health or the environment.
(6) Knowledge by each party of the hazardous nature of the substance.
(c) Settlements.--
(1) When the department enters into an administrative or judicially approved settlement of a civil action brought under section 507 or 1101, the amount of the department's claim under that civil action shall be reduced by the amount of the consideration paid to the department or the allocated amount of the settling party's liability, whichever is less. A settlement shall not otherwise affect the department's claim under section 507 or 1101.
(2) A person who has resolved its liability to the department in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement unless the terms of the settlement provide otherwise. The settling party may seek contribution from a nonsettling party to recover the consideration paid in excess of its allocated share of liability as determined by the court or the board.
(3) When the department has obtained less than complete relief from a person who has resolved its liability to the department in an administrative or judicially approved settlement, the department may bring an action against a person who has not so resolved its liability. A nonsettling party may seek contribution from any other nonsettling party or any settling party as allowed under this section.
(d) Federal funds; cooperative agreements.--The Commonwealth shall actively seek to obtain Federal funds to which it is entitled under the Federal Superfund Act and may take actions necessary to enter into contractual or cooperative agreements under section 104(c)(3) and (d)(1) of the Federal Superfund Act (42 U.S.C. § 9604(c)(3) and (d)(a)).

Credits

1988, Oct. 18, P.L. 756, No. 108, § 705, effective in 60 days.

Footnotes

1
35 P.S. § 6020.701.
2
35 P.S. §§ 6020.507, 6020.1101.
35 P.S. § 6020.705, PA ST 35 P.S. § 6020.705
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document