2013 ORS § 466.820¹
Reimbursement to department
  • procedure for collection
  • treble damages

(1) The owner and the permittee of an underground storage tank found to be in violation of any provision of ORS 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules) and 466.994 (Civil penalties for violations of underground storage tank regulations), shall reimburse the Department of Environmental Quality for all costs reasonably incurred by the department, excluding administrative costs, in the investigation of a leak from an underground storage tank. Department costs may include investigation, design engineering, inspection and legal costs necessary to correct the leak.

(2) Payment of costs to the department under subsection (1) of this section shall be made to the department within 15 days after the end of the appeal period or, if an appeal is filed, within 15 days after the court or the Environmental Quality Commission renders its decision, if the decision affirms the order.

(3) If such costs are not paid by the owner or the permittee of the underground storage tank to the department within the time provided in subsection (2) of this section, the Attorney General, upon the request of the director, shall bring action in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of any other county in which the violation may have taken place to recover the amount specified in the order of the department.

(4) In addition to any other penalty provided by law, if any person is found in violation of any provision of ORS 465.200 (Definitions for ORS 465.200 to 465.545), 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules), 466.994 (Civil penalties for violations of underground storage tank regulations) and 478.308 (Contracting with others for regional oil and hazardous material emergency response team), the commission or the court may award damages in the amount equal to three times the amount of all expenses incurred by the department in investigating the violation.

(5) Moneys reimbursed shall be deposited to the State Treasury to the credit of an account of the department and are continuously appropriated to the department for the purposes of administering ORS 465.200 (Definitions for ORS 465.200 to 465.545), 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules), 466.994 (Civil penalties for violations of underground storage tank regulations) and 478.308 (Contracting with others for regional oil and hazardous material emergency response team). [1987 c.539 §34 (enacted in lieu of 468.914)]