Public Benefits And Private Rights : Countervailing Principles of Eminent Domain : House Joint Resolution No. 34 2000 Vol 2

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Liability -- reimbursement and penalties -- proceedings -- defenses and exclusions. (1) Except as provided in 75-10-742 through 75-10-752, notwithstanding any other provision of law, and subject only to the defenses set forth in subsection (5) and the exclusions set forth in subsection (7), the following persons are jointly and severally liable for a release or EQC Eminent Domain Study -135- Unofficial Draft Copy- As of: October 5, 2000 (2:43PM) LC0162 threatened release of a hazardous or delet...erious substance from a facility: (a) a person who owns or operates a facility where a hazardous or deleterious substance was disposed of; (b) a person who at the time of disposal of a hazardous or deleterious substance owned or operated a facility where the hazardous or deleterious substance was disposed of; (c) a person who generated, possessed, or was otherwise responsible for a hazardous or deleterious substance and who, by contract, agreement, or otherwise, arranged for disposal or treatment of the substance or arranged with a transporter for transport of the substance for disposal or treatment; and (d) a person who accepts or has accepted a hazardous or deleterious substance for transport to a disposal or treatment facility .

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