Liability; scope; defenses; contribution.

A. Liability for the prevention or abatement of water pollution exists if there has been an actual or threatened release of a water contaminant that causes the requirement for response or remediation, or the incurrence of response or remediation costs. Responsible parties may be liable for the release of a water contaminant that occurred prior to and since the effective date of this 2025 act. B. Liability shall include: (1) all costs of removal or remedial action incurred by the state; (2) any other necessary costs of response incurred by any other person; (3) damages for injury to, destruction of or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, resulting from a release of water contaminants; and (4) the cost of any health assessment or health effects study carried out pursuant to rules promulgated by the commission. C. Liability defenses of the responsible party shall include, if established by a preponderance of the evidence: (1) an act of God; (2) an act of war; (3) an act or omission of a third party if: (a) the defendant exercised due care with respect to the water contaminant concerned, taking into consideration the characteristics of such contamination, in light of all relevant facts and circumstances; (b) the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; (c) the third party was not an employee or agent of the defendant at the time of the release; and (d) the third party was not one whose act or omission occurred in connection with a contractual relationship, existing directly or indirectly, with the defendant; (4) an act authorized by and in compliance with a permit issued pursuant to the Water Quality Act; (5) a party that holds only a security interest in property where there has been water pollution; (6) a party who is an innocent purchaser or a bona fide prospective purchaser as defined in 42 U.S.C. 9601; (7) a party who owned or operates property where water pollution has migrated onto the property from a property not owned or operated by that party; (8) a party acting as a fiduciary in accordance with its fiduciary duty for property where there has been water pollution; or (9) any combination of Paragraphs (1) through (8) of this subsection. D. Any person who incurs costs associated with an abatement plan as approved by the department consistent with the rules adopted by the commission may file an action in district court to seek contribution from any other person who is liable or potentially liable with respect to the release of water contaminants pursuant to the Water Quality Act. In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any person to bring an action for contribution under any other law. E. The department may bring an action in district court against any responsible party to recover response or remediation costs. The department may settle the liability of any responsible party for response or remediation costs through an administratively or judicially approved settlement. F. A person who has resolved liability to the state in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.