OAR 837-120-0090
Response Costs and Financial Liability
(1)
Notwithstanding any other provision of rule or law, whenever the State Fire Marshal dispatches a regional or limited hazardous materials emergency response team to an emergency involving hazardous materials, the State Fire Marshal may bill the person(s) responsible for causing the emergency for the costs of responding to the emergency.(2)
Emergency response costs include all response costs incurred as a result of a hazardous materials emergency. Such costs generally include, but are not limited to, Office of State Fire Marshal and contractor expenses that result from the assessment and emergency response phases of hazardous materials incidents.(3)
Emergency response costs do not include clean-up or disposal costs of hazardous materials, except as they may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous material or for stabilizing the emergency response incident.(4)
Team response costs do not include the wide range of emergency costs associated with a hazardous materials emergency, but shall be limited to those expenses agreed to by contract as directly related to regional hazardous materials emergency response team operations.(5)
The person(s) responsible for causing the emergency shall be liable for:(a)
All emergency response costs including, but not limited to, team expenses incurred by the regional or limited hazardous materials emergency response team, agencies of the State of Oregon, and the governmental jurisdiction in which the incident occurs; and(b)
Any other necessary and reasonable costs including the state’s legal or collection expenses and the state’s direct cost of administration of the hazardous materials emergency response system including duty officer personnel costs for coordination which arise as a result of the emergency.(6)
The State Fire Marshal, using documentation and reports of the regional or limited response team, will bill the person(s) that caused the hazardous materials emergency according to the requirements of ORS 453.382 (Cost of responding to emergency).
Source:
Rule 837-120-0090 — Response Costs and Financial Liability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-120-0090.