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§ 6021.1311. 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 29D. Storage Tank and Spill Prevention Act (Refs & Annos)
Chapter 13. Enforcement
35 P.S. § 6021.1311
§ 6021.1311. Presumption
Currentness
(a) General rule.--Except as provided in subsection (b), it shall be presumed as a rebuttable presumption of law in civil and administrative proceedings that a person who owns or operates an aboveground or underground storage tank shall be liable, without proof of fault, negligence or causation, for all damages, contamination or pollution within 2,500 feet of the perimeter of the site of a storage tank containing or which contained a regulated substance of the type which caused the damage, contamination or pollution. Such presumption may be overcome by clear and convincing evidence that the person so charged did not contribute to the damage, contamination or pollution.
(b) Defenses.--In order to overcome the presumption of liability established in subsection (a), the owner or operator must affirmatively prove, by clear and convincing evidence, one of the following:
(1) The damages, contamination or pollution existed prior to the use of any storage tank at the facility to contain an accumulation of regulated substances, as determined by surveys of the site and within 2,500 feet of the perimeter of the storage tank or facility.
(2) An adjacent landowner refused to allow the owner or operator of a storage tank at a new facility access to property within 2,500 feet of the perimeter of a storage tank facility to conduct a survey.
(3) The damage, contamination or pollution was not within 2,500 feet of the perimeter of a storage tank.
(4) The owner or operator did not contribute to the damages, contamination or pollution.

Credits

1989, July 6, P.L. 169, No. 32, § 1311, effective in 30 days.
35 P.S. § 6021.1311, PA ST 35 P.S. § 6021.1311
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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