2013 ORS § 465.333¹
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs
  • determination of allocable costs

Notwithstanding ORS 291.050 (Definitions for ORS 291.050 to 291.060) to 291.060 (Report of fees to Legislative Assembly), the Department of Environmental Quality may recover, as remedial action costs, the costs of program development, rulemaking and other administrative actions required by the provisions of ORS 465.315 (Standards for degree of cleanup required), 465.325 (Agreement to perform removal or remedial action) and 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property). After July 18, 1995, the department may recover such costs by requiring any person liable under ORS 465.255 (Strict liability for remedial action costs for injury or destruction of natural resource) or 465.260 (Removal or remedial action) or any person otherwise undertaking removal or remedial action under the departments oversight to pay such costs. Each person shall pay that portion of costs under ORS 465.315 (Standards for degree of cleanup required), 465.325 (Agreement to perform removal or remedial action) and 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) that the department determines to be allocable to removal or remedial action at the persons facility, using generally accepted accounting principles and as necessary to be charged per facility to recover the departments costs of implementing ORS 465.315 (Standards for degree of cleanup required), 465.325 (Agreement to perform removal or remedial action) and 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property). [1995 c.662 §8]