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§ 7130.319. Rebuttable presumption

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 39C. Low-Level Radioactive Waste Disposal Act (Refs & Annos)
Chapter 3. Low-Level Waste Disposal
35 P.S. § 7130.319
§ 7130.319. Rebuttable presumption
(a) Liability of operator.--It shall be presumed as a rebuttable presumption of law that the operator of a regional facility is liable and responsible for all damages and radioactive contamination within three miles of the boundary of the regional facility without proof of fault, negligence or causation.
(b) Defenses.--In order to rebut the presumption of liability, the operator must affirmatively prove by clear and convincing evidence that the operator did not contribute to the damage, or, in the case of radioactive contamination, one of the following three defenses:
(1) The radioactive contamination existed prior to any disposal operations on the site as determined by a pre-operational survey.
(2) The landowner has refused to allow the operator access to conduct a pre-operational survey.
(3) The radioactive contamination occurred as a result of some cause other than regional facility operations.

Credits

1988, Feb. 9, P.L. 31, No. 12, § 319, imd. effective.
35 P.S. § 7130.319, PA ST 35 P.S. § 7130.319
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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