ORS 468B.305¹
Entry of oil into waters of state prohibited
  • exceptions

(1) It shall be unlawful for oil to enter the waters of the state from any ship or any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault of the person having control over the oil, or regardless of whether the entry is the result of intentional or negligent conduct, accident or other cause. Such entry constitutes pollution of the waters of the state.

(2) Subsection (1) of this section shall not apply to the entry of oil into the waters of the state under the following circumstances:

(a) The person discharging the oil was expressly authorized to do so by the Department of Environmental Quality, having obtained a permit therefor required by ORS 468B.050 (Water quality permit);

(b) Notwithstanding any other provision of ORS 466.640 (Strict liability for spill or release), 468B.025 (Prohibited activities) or 468B.050 (Water quality permit) or this section, the person discharging the oil was expressly authorized to do so by a federal on-scene coordinator or the department in connection with activities related to the removal of or response to oil that entered the waters of the state; or

(c) The person having control over the oil can prove that the entry thereof into the waters of the state was caused by:

(A) An act of war or sabotage or an act of God.

(B) Negligence on the part of the United States Government, or the State of Oregon.

(C) An act or omission of a third party without regard to whether any such act or omission was or was not negligent. [Formerly 449.157 and then 468.785; 1995 c.535 §1]

Law Review Cita­tions

4 EL 384 (1974); 28 WLR 405 (1992)

Atty. Gen. Opinions

State's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285

1 Legislative Counsel Committee, CHAPTER 468B—Water Quality, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors468B.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 468B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­468bano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information