Oregon Statutes 466.640 – 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:
Terms Used In Oregon Statutes 466.640
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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 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 to 465.485 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.
(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 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 to 465.485 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.
(c) An authority created under ORS § 465.600 to 465.621 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 to 465.485 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 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]