Environmental Quality Generally

ORS 468.531
Legislative findings


(1)

The Legislative Assembly finds that the listing of an area on the National Priorities List described in 42 U.S.C. 9605, commonly known as establishing a Superfund site, and the remedial investigations and feasibility studies undertaken following such a listing identify the presence of pollutants, hazardous substances and contaminants in the area that are not directly traceable to a particular responsible party.

(2)

The Legislative Assembly finds that ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) provide for joint and several liability among potentially responsible parties for the cleanup of Superfund sites. Because joint and several liability does not identify a potentially responsible party’s share of cleanup costs, remedial actions are often delayed as potentially responsible parties litigate each share of the liability.

(3)

The Legislative Assembly declares that the state has the authority and the ability to facilitate cleanup of the submerged and submersible lands in the Willamette River Superfund site.

(4)

The Legislative Assembly finds that cleanup of the submerged and submersible lands of the Willamette River, including the Superfund site, will provide benefits to the people of Oregon, to industries and to living resources, water quality, water uses, recreation, habitat protection, habitat preservation and other watershed qualities, and will provide significant economic enhancement to the State of Oregon. [2003 c.696 §1]
Note: 468.531 (Legislative findings) and 468.533 (Willamette River Cleanup Authority) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 468 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Chapter 468

See also annotations under ORS chapter 449 in permanent edition.

Notes of Decisions

It was proper for Department of Environmental Quality to consider statutory provisions of this chapter while acting on solid waste disposal permit application under ORS 459.205 to 459.265. Land Reclamation, Inc. v. DEQ, 55 Or App 996, 640 P2d 699 (1982), Sup Ct review denied

Atty. Gen. Opinions

Authority of department to review engineering data and design of wigwam waste burner or of air pollution control equipment, or to prohibit construction or installation, (1971) Vol 35, p 917; state antipollution regulations applicable to mining activities in wilderness areas in national parks, (1972) Vol 35, p 1042; power of department to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environmental Quality Commission and Department of Environmental Quality to regulate disposition of food processing byproducts to prevent air or water pollution, (1979) Vol 39, p 770

Law Review Citations

4 EL 339 (1974)


Source

Last accessed
Jun. 26, 2021