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(continued) or damages. (1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by a state official responsible for oil spill response.
(2) Subsection (1) of this section does not apply:
(a) To a responsible party;
(b) With respect to personal injury or wrongful death; or
(c) If the person is grossly negligent or engages in willful misconduct.
(3) A responsible party is liable for any removal costs or damages for which a person is relieved of under subsection (1) this section.
(4) Nothing in this section affects the liability of a responsible party for oil spill response under ORS 468B.300 to 468B.500. [1991 c.606 §3]
(Willful or Negligent Discharge)
468B.450 Willful or negligent discharge of oil; civil penalty; authority of director to mitigate. (1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be determined by the Director of the Department of Environmental Quality with the advice of the State Fish and Wildlife Director after taking into consideration the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of ORS 468B.450 to 468B.460, and such other considerations as the director considers appropriate. The penalty provided for in this subsection shall be imposed and enforced in accordance with ORS 468.135.
(2) The director may, upon written application therefor received within 15 days after receipt of notice under ORS 468.135, and when considered in the best interest of this state in carrying out the purposes of ORS chapters 468, 468A and 468B, remit or mitigate any penalty provided for in subsection (1) of this section or discontinue any prosecution to recover the same upon such terms as the director in the director’s discretion considers proper. [Formerly 468.817]
468B.455 Oil Spillage Control Fund; source; use. (1) There is established an Oil Spillage Control Fund within the General Fund. This account shall be a revolving fund, the interest of which accrues to the Oil Spillage Control Fund.
(2) All penalties recovered under ORS 468B.450 (1) shall be paid into the Oil Spillage Control Fund. Such moneys are continuously appropriated to the Department of Environmental Quality for the advancement of costs incurred in carrying out cleanup activities and for the rehabilitation of affected fish and wildlife as provided under ORS 468B.060.
(3) With the approval of the Environmental Quality Commission, the moneys in the Oil Spillage Control Fund may be invested as provided by ORS 293.701 to 293.820, and earnings from such investment shall be credited to the fund.
(4) The Oil Spillage Control Fund shall not be used for any purpose other than that for which the fund was created. [Formerly 468.819]
468B.460 Rules. The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821]
(Shipping)
468B.475 Legislative finding; need for evidence of financial assurance for ships transporting oil. The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance for ships that transport oil and other hazardous material in the waters of the state. [Formerly 468.823]
468B.480 [Formerly 468.825; repealed by 2001 c.688 §11]
468B.485 Methods of establishing financial assurance. (1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission:
(a) Evidence of insurance;
(b) Surety bond;
(c) Qualifications as a self-insurer; or
(d) Any other evidence of financial assurance approved by the commission.
(2) Any bond filed shall be issued by a bonding company authorized to do business in the United States.
(3) Documentation of the financial assurance shall be kept on the ship or filed with the Department of Environmental Quality. The owner or operator of any other ship shall maintain on the ship a certificate issued by the United States Coast Guard evidencing compliance with the requirements of section 311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended. [Formerly 468.827]
468B.490 [Formerly 468.829; repealed by 2001 c.688 §11]
468B.495 Interagency response plan for oil or hazardous material spills in certain waters. (1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state. In developing the response plan, the department shall work with all affected local, state and federal agencies and with any volunteer group interested in participating in oil or hazardous material spill response.
(2) The plan developed under subsection (1) of this section shall be consistent to the extent practicable with the plan for a statewide hazardous material emergency response system established by the State Fire Marshal under ORS 453.374. [Formerly 468.831]
468B.500 Contents of plan. The plan developed under ORS 468B.495 shall include at a minimum:
(1) A compilation of maps and information about the waters of the state including shorelines, access points, critical habitats, shoreline sensitivity, disposal sites, ownership and jurisdictional control over each area. This portion of the plan shall use and expand the computer mapping system currently being developed by the State Department of Energy.
(2) An index of federal, state and local agency personnel, private contractors, volunteers, labor employment centers, wildlife rehabilitation centers and other sources of persons and equipment available to respond in the event of an oil or hazardous material spill. The index shall include information necessary to contact the organizations and persons in the index in the event of an oil or hazardous material spill.
(3) A spill response strategy. This strategy shall include methods for discovery of the spill, notification of agencies, organizations and individuals in the index, evaluation and initiation of response, containment and countermeasures and cleanup. The spill response strategy shall also include provisions for documenting the response measures taken and procedures for cost recovery.
(4) Provisions for coordinating Oregon’s oil or hazardous material spill response procedures for coastal and interstate waters with the states of Washington and California. To the maximum extent practicable, interstate cooperation shall include but need not be limited to coordination of:
(a) Development of coastal and ocean information systems with those of adjacent states; and
(b) Oregon’s oil or hazardous material spill response, damage assessment and cost recovery procedures for coastal or interstate waters with those developed by adjacent states. [Formerly 468.833]
POLLUTANT REDUCTION TRADING PROGRAMS
468B.550 Short title. This section and ORS 468B.555 shall be known as the “Willamette Watershed Improvement Trading Act.” [2001 c.758 §1]
Note: 468B.550 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 468B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
468B.555 Trading program development; priorities; fees. (1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal water quality regulations and promotes economic efficiency.
(2) In developing the program, the department shall place a priority on trades that improve the water quality of the Willamette River and on the following pollutants or conditions:
(a) Nitrogenous and phosphorous compounds commonly referred to as nutrients;
(b) Sediment;
(c) Temperature;
(d) Biological oxygen demand; and
(e) Chemical oxygen demand.
(3) The department shall:
(a) Develop a procedure to assist persons entering into an agreement to offset or trade quantities of pollutants under this section in a manner that results in a net reduction of pollutants, assists in meeting water quality standards and implements total maximum daily load allocations;
(b) Provide oversight and administration of agreements entered into under this section;
(c) Minimize administrative and technical requirements in order to encourage and facilitate pollutant trading under this section; and
(d) Emphasize practical procedures for pollutant trading that can be implemented using reasonable estimations and engineering judgment.
(4)(a) The department may assess reasonable fees to a party engaging in pollutant reduction trading under this section to offset its administrative costs associated with the pollutant reduction trading program.
(b) The department shall make every effort to minimize fees to facilitate and encourage pollutant trading.
(c) Fees collected by the department under this section shall be deposited in the State Treasury to the credit of an account of the department and are continuously appropriated to the department.
(5) The department shall seek any approvals, waivers or authorizations from the United States Environmental Protection Agency necessary to implement the program.
(6) The department shall seek a minimum of $200,000 in federal funding to support the program.
(7) The department shall report to the Seventy-second and Seventy-third Legislative Assemblies regarding the progress of the program.
(8) This section may not be construed to allow any activity expressly prohibited by federal law or regulation. [2001 c.758 §3]
468B.990 [Formerly 468.990; repealed by 1993 c.422 §35]
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