Section 6027.7 - Defenses to liabilityA lender, fiduciary or economic development agency can avoid liability under the environmental acts by showing evidence that a release or threatened release of regulated substances for which the lender, fiduciary or economic development agency otherwise is responsible under sections 4 , 5 and 6 was caused by any of the following:
(2) An intervening act of a public agency.(3) Migration from property owned by a third party.(4) Actions taken or omitted in the course of rendering care, assistance or advice in accordance with the environmental acts or at the direction of the department.(5) An act of a third party who was not an agent or employee of the lender, fiduciary or economic development agency.(6) If the alleged liability for a lender or economic development agency arises after foreclosure and the lender or economic development agency exercised due care with respect to the lender's or economic development agency's knowledge about the regulated substances and took reasonable precautions based upon such knowledge against foreseeable actions of third parties and the consequences arising therefrom. A lender, fiduciary or economic development agency can avoid liability by proving any other defense which may be available to it under the environmental acts or common law.1995, May 19, P.L. 33, No. 3, §7, effective in 60 days. Amended 2009, July 27, P.L. 100, No. 26, §2, effective in 60 days [ 9/25/2009].