ORS 468B.310
Liability for violation of ORS 468B.305
- exceptions
(1)
Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 (Entry of oil into waters of state prohibited) shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the oil to which the damages relate, entered the waters of the state by causes set forth in ORS 468B.305 (Entry of oil into waters of state prohibited) (2).(2)
Nothing in this section shall be construed as limiting the right of a person owning or having control of oil to maintain an action for the recovery of damages against another person for an act or omission of such other person resulting in the entry of oil into the waters of the state for which the person owning or having control of such oil is liable under subsection (1) of this section.(3)
Notwithstanding the provisions of subsections (1) and (2) of this section:(a)
A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) is not liable to the State of Oregon for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 468B.300 (Definitions for ORS 468B.300 to 468B.500) to 468B.500 (Contents of plan) that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property).(b)
A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) is not liable to the State of Oregon or any person for any entry of oil into the waters of the state from a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 468B.300 (Definitions for ORS 468B.300 to 468B.500) to 468B.500 (Contents of plan) that occurred before the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property).(c)
An authority created under ORS 465.600 (Definitions for ORS 465.600 to 465.621) to 465.621 (Dissolution) is not liable to the State of Oregon or any person for any entry of oil into the waters of this state from a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) and 468B.300 (Definitions for ORS 468B.300 to 468B.500) to 468B.500 (Contents of plan) that occurred before the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent. [Formerly 449.159 and then 468.790; 2011 c.487 §4; 2015 c.631 §11]
Source:
Section 468B.310 — Liability for violation of ORS 468B.305; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors468B.html.
Law Review Citations
28 WLR 405 (1992)
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