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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 01 Jul 1987, see footnotebottom

  260.552.  Liability limitation for persons in business of hazardous waste cleanup created by others, exceptions — waste cleanup of environmental hazard defined. — 1.  No person engaged in the business of waste cleanup of environmental hazards created by others, including asbestos, shall be liable for any damages arising from the release or discharge of a pollutant, resulting from such activity, in an amount greater than one million dollars to any one person or three million dollars to all persons for a single occurrence.  The limitation of liability of this section shall not:

  (1)  Affect any right of indemnification which such person has, or may acquire by contract, against any other person who is liable for creating an environmental hazard;

  (2)  Apply to persons who intentionally, wantonly, or willfully violate federal or state regulations respecting the clean-up process.

  2.  For purposes of this* section, the phrase "business of waste cleanup of environmental hazard" shall mean an activity including the investigation, evaluation, planning, design, engineering, removal, construction and ancillary services, which is carried out to abate or clean up a pollutant.

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(L. 1987 H.B. 700 § 37)

Effective 7-01-87

*Word "the" appears in original rolls.


---- end of effective   01 Jul 1987 ----

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