Section 147-B:10-a Defenses; Liability of Landowners Limited.
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:
(a) An act of God;
(b) An act of war; or
(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 he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and that he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.
II. 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 or hazardous materials discovered on his property if:
(a) He did not, in any way, cause or materially contribute to the hazardous substance problem.
(b) He reported the existence of the hazardous substance to the appropriate authorities within a reasonable time of discovery.
(c) He can prove that he had no knowledge or reason to know of the hazardous substance problem prior to his purchase of the property. To establish that the defendant had no reason to know, as provided in this subparagraph, the defendant 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.
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:
(a) The owner did not, in any way, cause or materially contribute to the contamination of the property; and
(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.