It shall be an affirmative defense to any enforcement action, other than an action for violation of § 119.06 of this chapter, including recovery of clean-up costs pursuant to this chapter, if a person can prove that a release of hazardous materials was caused solely by:
(A) An act of God;
(B) An act of war;
(C) Negligence on the part of the city;
(D) An act or omission of a third party; or
(E) Any combination of the foregoing clauses.
(Prior Code, § 121.11) (Ord. 13-2000, passed 8-21-2000)