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Pennsylvania Statutes Title 35 P.S. Health and Safety § 6026.501. Cleanup liability protection

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(a) General.--Any person demonstrating compliance with the environmental remediation standards established in Chapter 3   1 shall be relieved of further liability for the remediation of the site under the statutes outlined in section 106   2 for any contamination identified in reports submitted to and approved by the department to demonstrate compliance with these standards and shall not be subject to citizen suits or other contribution actions brought by responsible persons.  The cleanup liability protection provided by this chapter applies to the following persons:

(1) The current or future owner of the identified property or any other person who participated in the remediation of the site.

(2) A person who develops or otherwise occupies the identified site.

(3) A successor or assign of any person to whom the liability protection applies.

(4) A public utility to the extent the public utility performs activities on the identified site.

(b) Assessments.--A person shall not be considered a person responsible for a release or a threatened release of a regulated substance simply by virtue of conducting an environmental assessment or transaction screen on a property.  Nothing in this section relieves a person of any liability for failure to exercise due diligence in performing an environmental assessment or transaction screen.

1  35 P.S. § 6026.301 et seq.
2  35 P.S. § 6026.106.

Cite this article: - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6026.501. Cleanup liability protection - last updated January 01, 2019 |

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