There shall be no liability under section 10-11-4 of this division for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of hazardous materials and the damages resulting therefrom were caused solely by:
A. An act of nature over which he or she had no control;
B. An act of war; or
C. Any combination of the foregoing.
There shall further be no liability under this division for acts of emergency response personnel, law enforcement personnel, or other county personnel who respond to such release or threatened release of hazardous materials and who aggravate such situation or actually create a new or further release of hazardous materials in the course of responding to that situation. (Ord., 3-20-2007)