OAR 837-120-0120
Government Liability for Emergency Responses
(1)
Under the provisions of 42 U.S.C. § 9607(d)(2), no state or local government shall be liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) § 107 for costs or damages as a result of actions taken in response to an emergency created by a release or threatened release of a hazardous substance generated by or from a facility owned by another person.(2)
State or local government shall not be precluded from liability for costs or damages as a result of gross negligence or intentional misconduct by the state or local government. For purpose of this rule, reckless, willful, or wanton misconduct shall constitute gross negligence.(3)
In addition to the federal protections from liability described under OAR 837-120-0120 (Government Liability for Emergency Responses)(1), regional or limited hazardous materials emergency response teams will function as an agent of the state solely for purposes of the Oregon Tort Claims Act, ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) to the extent authorized under ORS 453.384 (Immunity of team members from liability). Contractors shall, therefore, not respond as state sponsored regional or limited hazardous materials emergency response team except and unless they have been specifically authorized to do so by the State Fire Marshal.
Source:
Rule 837-120-0120 — Government Liability for Emergency Responses, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-120-0120.