No liability shall be imposed under this subchapter against any person otherwise subject to such liability who can establish by a preponderance of the evidence that the release or substantial threat of release forming the basis for such liability was caused by:
(A) An act of God;
(B) An act of war;
(C) An act or omission or a third party other than an employee or agent of the person against whom such liability is asserted and other than a third party whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly with the person against whom such liability is asserted, except those third parties with whom the contractual relationship arises solely from a published tariff and acceptance for carriage by a common carrier by rail, but only if the person against whom such liability is asserted proves by a preponderance of the evidence that he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such substance in light of all relevant facts and circumstance, and that he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
(D) Any combination of the foregoing.
(Ord. 2601-98, passed 8-19-98)