Arizona Laws 49-283.01. Remediated water; liability; definitions
A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the remediated water except on a showing of wilful, malicious or grossly negligent conduct that was the direct cause of the damages.
Terms Used In Arizona Laws 49-283.01
- CERCLA: means the comprehensive environmental response, compensation, and liability act of 1980, as amended (P. See Arizona Laws 49-201
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. See Arizona Laws 49-201
- Property: includes both real and personal property. See Arizona Laws 1-215
- Standards: means water quality standards, pretreatment standards and toxicity standards established pursuant to this chapter. See Arizona Laws 49-201
B. For purposes of this section:
1. "Damages" means compensation for death or injury to a person or claims for medical monitoring or injury that a person may suffer or property damage.
2. "Provider" means an owner or operator of a constructed water conveyance system for industrial, municipal or irrigation purposes.
3. "Remediated water" means water that is distributed, transported or used in connection with a CERCLA remediation or a remediation performed pursuant to this title including water that meets applicable state or federal standards.
4. "User" means an entity that accepts remediated water and uses that water for industrial, municipal, irrigation or agricultural purposes.