Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article V - Radiological Health
Chapter 237 - REBUTTABLE PRESUMPTION OF LIABILITY OF THE OPERATOR OF THE REGIONAL LOW-LEVEL WASTE FACILITY
Subchapter B - LIABILITY OF THE OPERATOR
Section 237.102 - Defenses to overcome the presumption
Universal Citation: 25 PA Code § 237.102
Current through Register Vol. 54, No. 52, December 28, 2024
(a) Damages. To rebut the presumption of liability for damages, the regional facility operator shall affirmatively prove, by clear and convincing evidence, that the operator did not contribute to the damage.
(b) Radioactive contamination. To rebut the presumption of liability for radioactive contamination within 3 miles of the boundary of the regional facility, the regional facility operator shall prove, by clear and convincing evidence, one of the following three defenses:
(1) The radioactive contamination existed
prior to disposal operations on the site of the regional facility as determined
by a preoperational survey.
(2) The
landowner has refused to allow the regional facility operator access to the
landowner's property to conduct a preoperational survey.
(3) The radioactive contamination occurred as
a result of some cause other than regional facility
operations.
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