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such acts or omissions in light of all relevant facts and | | circumstances.__For purposes of this subsection, a person may | | demonstrate the exercise of due care if the person did not know or | | have reason to know that a 3rd party was causing the damage. |
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| | | 2.__As used in this section, unless the context otherwise | | indicates, the following terms have the following meanings. |
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| | | A.__"Damage" means damage to the air, land or water of the | | State or any other environmental damage subject to criminal | | prosecution by the State. |
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| | | B.__"Person" means an owner, lessee, manager or occupant of | | or holder of an easement over premises. |
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| | | C.__"Premises" has the same meaning as in Title 14, section | | 159-A, subsection 1, paragraph A. |
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| | | This bill creates civil limited liability and a criminal | | affirmative defense for owners and occupiers of land for | | environmental damage caused by 3rd persons without knowledge of | | the owners and occupiers. |
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