(a) An act of God;
(b) An intervening act of a public agency;
(c) Migration from property owned by a third party;
(d) Actions taken or omitted in the course of rendering care, assistance or advice in accordance with the environmental laws or at the direction of the division;
(e) An act of a third party who was not an agent or employee of the lender, fiduciary, developer, remediation contractor or development authority; or
(f) If the alleged liability for a lender, fiduciary, developer or development authority arises after foreclosure, and the lender, fiduciary, developer or development authority exercised due care with respect to the lender's, fiduciary's, developer's or development authority's knowledge about the contaminants, and took reasonable precautions based upon such knowledge against foreseeable actions of third parties and the consequences arising therefrom. A lender, fiduciary, developer, remediation contractor or development authority may avoid liability by proving any other defense which may be available to it.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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