Sec. 360.505. - Defenses.

There shall be no liability in an administrative or judicial proceeding commenced under Section 360.408 for a person otherwise liable who can establish by a preponderance of the evidence that the action resulting in liability and the damages resulting therefrom were caused solely by one or a combination of the following factors: (a) An act of God. (b) An act of war. (c) An act of a governmental agency or political subdivision having jurisdiction over the person and the subject matter which requires the person to do or refrain from doing something that causes the damage or gives rise to the liability. (d) An act or omission of a third party other than an employee or agent of the alleged violator or defendant or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly with the alleged violator or defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the alleged violator or defendant establishes by a preponderance of the evidence that he (1) exercised due care with respect to the hazardous substance, pollutant or contaminant concerned, taking into consideration the characteristics of the pollutant in light of all relevant facts and circumstances, and (2) took precautions against foreseeable acts or omissions of the third party and the consequences that could foreseeably result from these acts or omissions. Nothing in this Section shall be interpreted so as to preclude a person from asserting common-law or equitable defenses. This Section shall not be construed to impose strict liability. (Ord. 84-674-684, § 1)