                                 CODE OF VIRGINIA

EXEMPTIONS FROM LIABILITY; EXPEDITED SETTLEMENTS (§ 10.1-1406)

A. No person shall be liable under the provisions of subdivision 19 of §
10.1-1402 for cleanup or to reimburse the Virginia Environmental Emergency
Response Fund if he can establish by a preponderance of the evidence that the
violation and the damages resulting therefrom were caused solely by:

   1. An act of God;

   2. An act of war;

   3. An act or omission of a third party other than an employee or agent of the
   defendant, or other than one whose act or omission occurs in connection with a
   contractual relationship, existing directly or indirectly, with the defendant
   (except where the sole contractual arrangement arises from a published tariff
   and acceptance for carriage by a common carrier by rail), if the defendant
   establishes by a preponderance of the evidence that (i) he exercised due care
   with respect to the hazardous waste or hazardous substance concerned, taking
   into consideration the characteristics of such hazardous waste or hazardous
   substance, in light of all relevant facts and circumstances and (ii) he took
   precautions against foreseeable acts or omissions of any such third party and
   the consequences that could foreseeably result from such acts or omissions; or

   4. Any combination of subdivisions 1 through 3 of this section. For purposes
   of this section, the term &#8220;contractual arrangement&#8221; shall have the
   meaning ascribed to it in 42 U.S.C. &#xA7; 9601 (35).

B. The Board may, consistent with programs developed under the federal acts,
expedite a determination to limit the liability of innocent landowners, de
minimis contributors or others who have grounds to claim limited responsibility
for a containment or cleanup which may be required pursuant to this chapter.

HISTORY: 1986, c. 566, § 10-270; 1988, cc. 627, 891; 1990, cc. 472, 919; 1991,
c. 718; 1999, c. 798.