Pennsylvania Statutes Title 35 P.S. Health and Safety § 6021.1311. Presumption

(a) General rule.--Except as provided in subsection (b), it shall be presumed as a rebuttable presumption of law in civil and administrative proceedings that a person who owns or operates an aboveground or underground storage tank shall be liable, without proof of fault, negligence or causation, for all damages, contamination or pollution within 2,500 feet of the perimeter of the site of a storage tank containing or which contained a regulated substance of the type which caused the damage, contamination or pollution.  Such presumption may be overcome by clear and convincing evidence that the person so charged did not contribute to the damage, contamination or pollution.

(b) Defenses.--In order to overcome the presumption of liability established in subsection (a), the owner or operator must affirmatively prove, by clear and convincing evidence, one of the following: