ORS 475.455
Liability of certain persons for cleanup costs


(1)

The following persons shall be strictly liable for those cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site and for damages for injury to or destruction of any natural resources caused by chemicals at the site:

(a)

Any owner or operator at or during the time of the acts or omissions that resulted in a site being created or damage to natural resources.

(b)

Any owner or operator who became the owner or operator after the time of the acts or omissions that resulted in a site being created or damages, and who knew or reasonably should have known of the site or damages when the person first became the owner or operator.

(c)

Any owner or operator who obtained actual knowledge of the site or damages during the time the person was the owner or operator of the site and then subsequently transferred ownership or operation of the site to another person without disclosing such knowledge.

(d)

Any person who, by any acts or omissions, caused, contributed to or exacerbated the site or damage, unless the acts or omissions were in material compliance with applicable laws, standards, regulations, licenses or permits.

(e)

Any person who unlawfully hinders or delays entry to, investigation of or cleanup action at a site.

(2)

Except as provided in subsection (1)(b) to (e) of this section and subsection (4) of this section, the following persons shall not be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with a site, or for damages for injury to or destruction of any natural resources caused by chemicals at the site:

(a)

Any owner or operator who became the owner or operator after the time of the acts or omissions that resulted in the site being created or damages, and who did not know and reasonably should not have known of the damages when the person first became the owner or operator.

(b)

Any owner or operator of property that was contaminated by the migration of chemicals from real property not owned or operated by the person.

(c)

Any owner or operator at or during the time of the acts or omissions that resulted in the site or damages, if the site or damage at the site was caused solely by one or a combination of the following:

(A)

An act of God. “Act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

(B)

An act of war.

(C)

Acts or omissions of a third party, other than an employee or agent of the person asserting this defense, or other than a person whose acts or omissions occur in connection with a contractual relationship, existing directly or indirectly, with the person asserting this defense. As used in this subparagraph, “contractual relationship” includes but is not limited to land contracts, deeds or other instruments transferring title or possession.

(3)

Except as provided in subsection (1)(c) to (e) of this section or subsection (4) of this section, the following persons shall not be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site, or for damages for injury to or destruction of any natural resources caused by chemicals at the site:

(a)

A unit of state or local government that acquired ownership or control of a site in the following ways:

(A)

Involuntarily by virtue of its function as sovereign, including but not limited to escheat, bankruptcy, tax delinquency or abandonment; or

(B)

Through the exercise of eminent domain authority by purchase or condemnation.

(b)

A person who acquired a site by inheritance or bequest.

(4)

Notwithstanding the exclusions from liability provided for specified persons in subsections (2) and (3) of this section, such persons shall be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with a site, and for damages for injury to or destruction of any natural resources caused by chemicals at a site, to the extent that the person’s acts or omissions contribute to such costs or damages, if the person:

(a)

Obtained actual knowledge of the chemicals at a site or damages and then failed to promptly notify the Department of Environmental Quality and exercise due care with respect to the chemicals concerned, taking into consideration the characteristics of the chemicals in light of all relevant facts and circumstances; or

(b)

Failed to take reasonable precautions against the reasonably foreseeable acts or omissions of a third party and the reasonably foreseeable consequences of such acts or omissions.

(5)

Intentionally left blank —Ed.

(a)

No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from any person who may be liable under this section, to any other person, the liability imposed under this section. Nothing in this section shall bar any agreement to insure, hold harmless or indemnify a party to such agreement for any liability under this section.

(b)

A person who is liable under this section shall not be barred from seeking contribution from any other person for liability under this section.

(c)

Nothing in ORS 475.415 (Request for cleanup) to 475.455 (Liability of certain persons for cleanup costs), 475.475 (Department record of costs) and 475.485 (Costs and penalties as lien) shall bar a cause of action that a person liable under this section or a guarantor has or would have by reason of subrogation or otherwise against any person.

(d)

Nothing in this section shall restrict any right that the state or any person might have under federal statute, common law or other state statute to recover cleanup costs or to seek any other relief related to the cleanup of an alleged illegal drug manufacturing site.

(6)

To establish, for purposes of subsection (1)(b) of this section or subsection (2)(a) of this section, that the person did or did not have reason to know, the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.

(7)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, no person shall be liable under ORS 475.415 (Request for cleanup) to 475.455 (Liability of certain persons for cleanup costs), 475.475 (Department record of costs) and 475.485 (Costs and penalties as lien) for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance or advice in accordance with rules adopted by the Environmental Quality Commission or at the direction of the department or its authorized representative, with respect to an incident creating a danger to public health, safety, welfare or the environment as a result of any cleanup of a site. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person.

(b)

No state or local government shall be liable under this section for costs or damages as a result of actions taken in response to an emergency created by the chemicals at or generated by or from a site owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the state or local government. For the purpose of this paragraph, reckless, willful or wanton misconduct shall constitute gross negligence.

(c)

This subsection shall not alter the liability of any person covered by subsection (1) of this section. [1987 c.699 §5]

Source: Section 475.455 — Liability of certain persons for cleanup costs, https://www.­oregonlegislature.­gov/bills_laws/ors/ors475.­html.

475.005
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980
475.035
Authority to control schedule
475.055
Publishing of schedules
475.065
Classification of methamphetamine
475.095
Rules
475.101
Immunity for reporting violation
475.125
Registration requirements
475.135
Grounds to grant or deny registration
475.145
Revocation and suspension of registration
475.155
Order to show cause
475.165
Records of registrants
475.175
When order forms required
475.185
When prescriptions required
475.188
Prescription drug orders
475.190
Exception to prescription requirement
475.215
Cooperative arrangements
475.225
Education and research
475.230
Transfer of pseudoephedrine without prescription
475.235
Burden of proof
475.237
Treatment of offense as Class E violation
475.245
Conditional discharge
475.255
Status of penalties
475.265
When prosecution barred
475.275
Uniformity of interpretation
475.285
Short title
475.380
Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger
475.382
Limitation on compliance requirements
475.384
Trade association list of marketed products containing dextromethorphan
475.386
State preemption
475.390
Prohibition on retail sale of nitrous oxide to individual under 18 years of age
475.405
Definitions for ORS 475.405 to 475.495
475.415
Request for cleanup
475.425
Environmental Quality Commission rules
475.435
Authority of director
475.445
Site entry
475.455
Liability of certain persons for cleanup costs
475.465
Liability of state for cleanup
475.475
Department record of costs
475.485
Costs and penalties as lien
475.495
Illegal Drug Cleanup Fund
475.525
Sale of drug paraphernalia prohibited
475.535
Action to enforce ORS 475.525 to 475.565
475.545
Order of forfeiture of paraphernalia
475.555
Seizure of drug paraphernalia
475.565
Civil penalty for violation of ORS 475.525
475.744
Providing hypodermic device to minor prohibited
475.752
Prohibited acts generally
475.754
Affirmative defense to unlawfully possessing pseudoephedrine
475.757
Syringe service program as affirmative defense to unlawful possession of controlled substance
475.806
Unlawful manufacture of hydrocodone
475.808
Unlawful manufacture of hydrocodone within 1,000 feet of school
475.810
Unlawful delivery of hydrocodone
475.812
Unlawful delivery of hydrocodone within 1,000 feet of school
475.814
Unlawful possession of hydrocodone
475.816
Unlawful manufacture of methadone
475.818
Unlawful manufacture of methadone within 1,000 feet of school
475.820
Unlawful delivery of methadone
475.822
Unlawful delivery of methadone within 1,000 feet of school
475.824
Unlawful possession of methadone
475.826
Unlawful manufacture of oxycodone
475.828
Unlawful manufacture of oxycodone within 1,000 feet of school
475.830
Unlawful delivery of oxycodone
475.832
Unlawful delivery of oxycodone within 1,000 feet of school
475.834
Unlawful possession of oxycodone
475.846
Unlawful manufacture of heroin
475.848
Unlawful manufacture of heroin within 1,000 feet of school
475.850
Unlawful delivery of heroin
475.852
Unlawful delivery of heroin within 1,000 feet of school
475.854
Unlawful possession of heroin
475.866
Unlawful manufacture of 3,4-methylenedioxymethamphetamine
475.868
Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.870
Unlawful delivery of 3,4-methylenedioxymethamphetamine
475.872
Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.874
Unlawful possession of 3,4-methylenedioxymethamphetamine
475.876
Unlawful manufacture of cocaine
475.878
Unlawful manufacture of cocaine within 1,000 feet of school
475.880
Unlawful delivery of cocaine
475.882
Unlawful delivery of cocaine within 1,000 feet of school
475.884
Unlawful possession of cocaine
475.886
Unlawful manufacture of methamphetamine
475.888
Unlawful manufacture of methamphetamine within 1,000 feet of school
475.890
Unlawful delivery of methamphetamine
475.892
Unlawful delivery of methamphetamine within 1,000 feet of school
475.894
Unlawful possession of methamphetamine
475.898
Immunity from drug-related offenses for emergency medical assistance
475.900
Crime category classification
475.902
Directives to Oregon Criminal Justice Commission
475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school
475.906
Penalties for unlawful delivery to minors
475.907
Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors
475.908
Causing another person to ingest a controlled substance
475.910
Application of controlled substance to the body of another person
475.912
Unlawful delivery of imitation controlled substance
475.914
Prohibited acts for registrants
475.916
Prohibited acts involving records and fraud
475.918
Falsifying drug test results
475.920
Providing drug test falsification equipment
475.924
Definitions for ORS 164.061, 475.907, 475.924 and 475.925
475.925
Sentences for certain controlled substance offenses
475.930
Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925
475.934
Sentencing of persons with previous conviction for controlled substance offense
475.935
Presumptive sentences for certain methamphetamine offenses
475.940
Precursor substances described
475.945
Authority and duties of Department of State Police
475.947
Warning notice for precursor substance violation
475.949
Injunctive relief for precursor substance violation
475.950
Failure to report precursor substances transaction
475.955
Failure to report missing precursor substances
475.960
Illegally selling drug equipment
475.962
Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance
475.965
Providing false information on precursor substances report or record
475.967
Possession of precursor substance with intent to manufacture controlled substance
475.969
Unlawful possession of phosphorus
475.971
Unlawful possession of anhydrous ammonia
475.973
Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine
475.975
Unlawful possession of iodine in its elemental form
475.976
Unlawful possession of iodine matrix
475.977
Possessing or disposing of methamphetamine manufacturing waste
475.978
Methyl sulfonyl methane
475.979
Unlawful possession of lithium metal or sodium metal
475.980
Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)
Green check means up to date. Up to date