Oregon Statutes 468B.320 – Action by state; liability for state expense; order; appeal
(1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS § 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to collect, remove, treat, contain or disperse oil which enters into the waters of the state.
Terms Used In Oregon Statutes 468B.320
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The Director of the Department of Environmental Quality shall keep a record of all necessary expenses incurred in carrying out any action authorized under this section, including a reasonable charge for costs incurred by the state, including state’s equipment and materials utilized.
(3) The authority granted under this section shall be limited to actions which are designed to protect the public interest or public property.
(4) Any person who fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS § 468B.315, shall be responsible for the necessary expenses incurred by the state in carrying out actions authorized by this section.
(5) Based on the record compiled by the director pursuant to subsection (2) of this section, the Environmental Quality Commission shall make a finding and enter an order against the person described in subsection (4) of this section for the necessary expenses incurred by the state in carrying out the action authorized by this section. The order may be appealed pursuant to ORS Chapter 183 but not as a contested case. [Formerly 449.163 and then 468.800]