§ 95.15. AFFIRMATIVE DEFENSE.  


Latest version.
  • It shall be an affirmative defense to any enforcement action other than an action for violation of § 95.06, including the recovery of cleanup costs pursuant to this chapter, if a party can prove that a release of hazardous materials was caused solely by an act of God, an act of war, negligence on the part of the Metro Government, or an act or omission of a third party, or any combination of the foregoing clauses.
    (1994 Jeff. Code, § 95.12) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993) (1999 Lou. Code, § 99.40) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)