2011 ORS § 468B.385¹
Modification of approval of contingency plan
  • revocation of approval
  • violation

(1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan if the department determines that a change has occurred in the operation of the facility or tank vessel necessitating an amended or supplemental plan, or that the operators discharge experience demonstrates a necessity for modification.

(2) The department, after notice and opportunity for hearing, may revoke its approval of a contingency plan if the department determines that:

(a) Approval was obtained by fraud or misrepresentation;

(b) The operator does not have access to the quality or quantity of resources identified in the plan;

(c) A term or condition of approval or modification has been violated; or

(d) The plan holder is not in compliance with the plan and the deficiency materially affects the plan holders response capability.

(3) Failure of a holder of an approved or modified contingency plan to comply with the plan or to have access to the quality or quantity of resources identified in the plan or to respond with those resources within the shortest possible time in the event of a spill is a violation of ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) to 468B.415 (Oregon coast safety committee) for purposes of ORS 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply), 468.140 (Civil penalties for specified violations), 468.943 (Unlawful water pollution in the second degree) and any other applicable law.

(4) If the holder of an approved or modified contingency plan fails to respond to and conduct cleanup operations of an unpermitted discharge of oil with the quality and quantity of resources identified in the plan and in a manner required under the plan, the holder is strictly liable, jointly and severally, for the civil penalty assessed under ORS 466.992 (Civil penalties for damage to wildlife resulting from contamination of food or water supply) and 468.140 (Civil penalties for specified violations).

(5) In order to be considered in compliance with a contingency plan, the plan holder must:

(a) Establish and carry out procedures identified in the plan as being the responsibility of the holder of the plan;

(b) Have access to and have on hand the quantity and quality of equipment, personnel and other resources identified as being accessible or on hand in the plan;

(c) Fulfill the assurances espoused in the plan in the manner described in the plan;

(d) Comply with terms and conditions attached to the plan by the department under ORS 468B.345 (Oil spill contingency plan required to operate facility or covered vessel in state or state waters) to 468B.380 (Tank vessel inspection program); and

(e) Successfully demonstrate the ability to carry out the plan when required by the department under ORS 468B.370 (Determination of adequacy of plan). [1991 c.651 §12; 1993 c.422 §34]