§2481.  Defenses

A person shall not be liable under the provisions of this Chapter if the discharge resulted solely from any of the following:

(1)  An act of God, war, or terrorism.  

(2)  An act of government, either state, federal, or local.  

(3)  An unforeseeable occurrence exclusively occasioned by the violence of nature without the interference of any human act or omission.

(4)  The willful misconduct or a negligent act or omission of a third party, other than an employee or agent of the person responsible or a third party whose conduct occurs in connection with a contractual relationship with the responsible person, unless the responsible person failed to exercise due care and take precautions against foreseeable conduct of the third party.

(5)  Any combinations of Paragraphs (1), (2), and (3).  

Acts 1991, 1st Ex. Sess., No. 7, §1, eff. April 23, 1991.