RSA 147-B:10-a · Defenses; Liability of Landowners Limited

147-B:10-a Defenses; Liability of Landowners Limited. –

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I.

There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by:

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(a)

An act of God;

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(b)

An act of war; or

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(c)

An act or omission of a third party other than an employee, agent, or independent contractor of the defendant, if the defendant establishes by a preponderance of the evidence that the defendant exercised due care with respect to the hazardous wastes or hazardous materials concerned, taking into consideration the characteristics of such hazardous wastes or hazardous materials, in light of all relevant facts and circumstances, and that the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.

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II.

Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable solely on the basis of such property ownership for the treatment or cleanup of hazardous waste or hazardous materials discovered on such property if:

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(a)

The owner or former owner did not, in any way, cause, materially contribute to, or impede remediation of the hazardous wastes or hazardous materials contamination.

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(b)

The owner or former owner reported the existence of the hazardous wastes or hazardous materials to the appropriate authorities within a reasonable time of discovery.

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(c)

The owner or former owner can prove that the owner or former owner had no knowledge or reason to know of the hazardous wastes or hazardous materials on the property prior to their purchase of the property. To establish that the owner or former owner had no reason to know, as provided in this subparagraph, the owner or former owner must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.

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III.

Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste, hazardous material, oil as defined in RSA 146-A:2, III, or hazardous substance as defined in RSA 146-C:1, VII-a that are discovered on the property if:

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(a)

The owner or former owner did not, in any way, cause or materially contribute to the contamination of the property; and

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(b)

The contamination migrated onto the property from a source that, at the time of discovery of the contamination, was located on another property. Source. 1986, 119:6. 1989, 355:1. 1996, 266:10, eff. Aug. 9, 1996. 2023, 96:1, eff. June 20, 2023.

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