Oregon Statutes 466.680 – Responsibility for expenses of cleanup; record; treble damages; order; appeal
(1) If a person required to clean up oil or hazardous material under ORS § 466.645 fails or refuses to do so, the person shall be responsible for the reasonable expenses incurred by the Department of Environmental Quality in carrying out ORS § 466.645.
Terms Used In Oregon Statutes 466.680
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The department shall keep a record of all expenses incurred in carrying out any cleanup projects or activities authorized under ORS § 466.645, including charges for services performed and the state’s equipment and materials utilized.
(3) Any person who does not make a good faith effort to clean up oil or hazardous material when obligated to do so under ORS § 466.645 shall be liable to the department for damages not to exceed three times the amount of all expenses incurred by the department.
(4) Based on the record compiled by the department under subsection (2) of this section, the Environmental Quality Commission shall make a finding and enter an order against the person described in subsection (1) or (3) of this section for the amount of damages, not to exceed treble damages, and the expenses incurred by the state in carrying out the action authorized by this section. The order may be appealed in the manner provided for appeal of a contested case order under ORS Chapter 183.
(5) If the amount of state incurred expenses and damages under this section are not paid by the responsible person to the department within 15 days after receipt of notice that such expenses are due and owing, or, if an appeal is filed within 15 days after the court renders its decision if the decision affirms the order, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount specified in the notice of the director. [1985 c.733 § 16]
[1985 c.733 § 19; repealed by 1987 c.735 § 27]
[1985 c.733 § 20; repealed by 1987 c.735 § 27]
[1987 c.539 § 2 (enacted in lieu of 468.901); 1989 c.926 § 41; 1989 c.1071 20,25; repealed by 1991 c.863 § 11 (466.706 enacted in lieu of 466.705)]
OIL STORAGE TANKS
(General Provisions)