§ 132-02  Liability for Remedial Actions Costs; Limitation of Actions; Immunity.
   (A)   A person who is a responsible party shall be strictly, jointly, and severally liable for such hazardous substance remedial action costs as are incurred in the manner consistent with § 132-03 of this code and A.R.S. § 49-285.
   (B)   If any person in an action brought under this subchapter establishes by a preponderance of the evidence that the release or threatened release is divisible, the person is liable only for his portion of the release.
   (C)   Any reasonable remedial action costs incurred by the city in response to a release or a threat of release of a hazardous substance may be recovered in a civil action brought by the City Attorney against any responsible party.  This division does not preclude the city from initiating actions under other provisions of state, federal, or common law.
   (D)   An action brought by the city to recover remedial action costs from a responsible party shall be brought within three years of the completion of the remedial action.
   (E)   The city is not liable for costs or damages incurred as a result of an action taken in response to an emergency created by the release or threatened release of a hazardous substance that is generated by or from a facility owned by another person.  This division does not preclude liability for costs or damages that result from gross negligence or intentional misconduct by the city.  For purposes of this division, reckless, willful or wanton misconduct constitutes gross negligence.
('80 Code, § 11.5-22)  (Ord. 2636, passed 11-17-93)