Louisiana Revised Statutes 30:2277 – Defenses
Terms Used In Louisiana Revised Statutes 30:2277
- Contractual relationship: includes but is not limited to land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless the real property on which the facility concerned is located was acquired by the defendant after the disposal or placement of the hazardous substance on, in, or at the facility, and one or more of the circumstances described in Item (i), (ii), or (iii) is also established by the defendant by a preponderance of the evidence:
(i) At the time the defendant acquired the facility, the defendant did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the facility. See Louisiana Revised Statutes 30:2272
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discharge: means discharge as defined in Louisiana Revised Statutes 30:2272
- Disposal: means disposal as defined in Louisiana Revised Statutes 30:2272
- Facility: means facility as defined in Louisiana Revised Statutes 30:2272
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Hazardous substance: means any gaseous, liquid, or solid material which because of its quantity, concentration, or physical, chemical, or biological composition when released into the environment poses a substantial present or potential hazard to human health, the environment, or property, and which material is identified or designated as being hazardous by rules and regulations adopted and promulgated by the secretaries of the Department of Environmental Quality or of the Department of Public Safety and Corrections, regardless of whether it is intended for use, reuse, or is to be discarded. See Louisiana Revised Statutes 30:2272
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner or operator: means any person owning or operating a facility. See Louisiana Revised Statutes 30:2272
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Pollution source: means pollution source as defined in Louisiana Revised Statutes 30:2272
Any of the following shall be a defense to an action prosecuted by the state under the provisions of this Chapter:
(1) The discharge or disposal was caused by an act of God.
(2) The discharge or disposal was caused by an act of war.
(3) The discharge or disposal was caused by an act or omission of a third person other than an employee or agent of the defendant or 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, and if the defendant establishes that he:
(a) Exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such substance, in light of all relevant facts and circumstances.
(b) Took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.
(4) The owner or operator of the pollution source or facility acquired ownership or control of such property through a giving in payment or through a foreclosure proceeding of a security interest held by the person on that property or holds legal title to or otherwise manages any such property for purposes of administering an estate or trust of which such property is a part, except where such owner or operator:
(a) Has caused a discharge or disposed of a hazardous substance covered by this Chapter; or
(b) Knows at the time the security interest is perfected that the property contains a hazardous substance covered by this Chapter.
(5) The potential liability for a release or threatened release is based solely on a bona fide prospective purchaser’s being considered to be an owner or operator of a facility, as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration. However, the relevant property may be otherwise subject to a lien pursuant to La. Rev. Stat. 30:2281 or 2225(F).
Acts 1984, No. 791, §1; Acts 1991, No. 773, §1; Acts 2003, No. 1127, §1, eff. July 2, 2003.