2011 ORS § 465.257¹
Right of contribution from other person liable for remedial action costs
  • allocation of orphan share

(1) Any person who is liable or potentially liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) may seek contribution from any other person who is liable or potentially liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource). When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following:

(a) The amount of hazardous substances contributed to the facility;

(b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment;

(c) The degree of involvement in the release of the hazardous substance by the liable persons;

(d) The relative culpability or negligence of the liable persons;

(e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility;

(f) The extent of the participation by the liable person in response actions at the facility;

(g) The length of time the facility was owned or operated by the liable person during the time the release occurred;

(h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits;

(i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release;

(j) The circumstances and conditions involved in the facilitys conveyance, including the price paid and any discounts granted; and

(k) The quality of evidence concerning liability and equitable shares.

(2) At the time of trial, if a person who is otherwise liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that persons equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan shares liable person and each other liable person. [1995 c.662 §5]

Note: 465.257 (Right of contribution from other person liable for remedial action costs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.