§ 237.102. Defenses to overcome the presumption.
(a) Damages. To rebut the presumption of liability for damages, the regional facility operator shall affirmatively prove, by clear and convincing evidence, that the operator did not contribute to the damage.
(b) Radioactive contamination. To rebut the presumption of liability for radioactive contamination within 3 miles of the boundary of the regional facility, the regional facility operator shall prove, by clear and convincing evidence, one of the following three defenses:
(1) The radioactive contamination existed prior to disposal operations on the site of the regional facility as determined by a preoperational survey.
(2) The landowner has refused to allow the regional facility operator access to the landowner’s property to conduct a preoperational survey.
(3) The radioactive contamination occurred as a result of some cause other than regional facility operations.
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