2017 ORS 466.640¹
Strict liability for spill or release
  • exceptions

(1) Any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release shall be strictly liable without regard to fault for the spill or release or threatened spill or release. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the spill or release of oil or hazardous material 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.

(2) Notwithstanding the provisions of subsection (1) of this section:

(a) A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) is not liable to the State of Oregon for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property).

(b) A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property).

(c) An authority created under ORS 465.600 (Definitions for ORS 465.600 to 465.621) to 465.621 (Dissolution) is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 (Definitions for ORS 465.200 to 465.545) to 465.545 (Suspension of dry cleaning fees) existing as of the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 (Agreement to release party from potential liability to facilitate cleanup and reuse of property) for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent order. [1985 c.733 §8; 2011 c.487 §3; 2015 c.631 §10]

Chapter 466

Law Review Cita­tions

29 WLR 297 (1993)

1 Legislative Counsel Committee, CHAPTER 466—Hazardous Waste and Hazardous Materials Ii, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 466, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano466.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.