2021 Oregon Revised Statutes
Chapter 468B - Water Quality
Section 468B.425 - Exemption from liability for removal costs or damages.


(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 13 - Housing, Games, Environment

Chapter 468B - Water Quality

Section 468B.005 - Definitions for water pollution control laws.

Section 468B.010 - Authority of commission over water pollution; construction.

Section 468B.015 - Policy.

Section 468B.020 - Prevention of pollution.

Section 468B.025 - Prohibited activities.

Section 468B.032 - Alternative enforcement proceeding; request; public notice; fees.

Section 468B.035 - Implementation of Federal Water Pollution Control Act; rules.

Section 468B.037 - Federal Water Pollution Control Act; variances; minimization of negative economic impacts.

Section 468B.038 - Federal Water Pollution Control Act; consultation with applicant for variance.

Section 468B.039 - Procedures for developing methodologies for assessment of water quality.

Section 468B.040 - Certification of hydroelectric power project; comments of affected state agencies.

Section 468B.045 - Certification of change to hydroelectric power project; notification of federal agency.

Section 468B.046 - Reauthorization of hydroelectric project not to limit authority of department related to certification of project for water quality purposes.

Section 468B.047 - Fees for state certification under Federal Water Pollution Control Act; rules; review of department determination; disposition of fees.

Section 468B.048 - Rules for standards of quality and purity; factors to be considered; meeting standards.

Section 468B.050 - Water quality permit; issuance by rule or order; rules.

Section 468B.051 - Fees for water quality permit.

Section 468B.053 - Alternatives to obtaining water quality permit; rules.

Section 468B.055 - Plans and specifications for disposal, treatment and sewerage systems.

Section 468B.060 - Liability for damage to fish or wildlife or habitat; agency to which damages payable.

Section 468B.064 - Follow-up assessments of waters of state that exceed numeric temperature criteria.

Section 468B.070 - Prohibited activities for certain municipalities.

Section 468B.075 - Definitions for ORS 468B.080.

Section 468B.080 - Prohibitions relating to garbage or sewage dumping into waters of state.

Section 468B.083 - When motor vehicle parts may be placed in waters of state; rules.

Section 468B.090 - Permit authorized for discharge of shrimp and crab processing by-products; conditions.

Section 468B.093 - General permit for discharge of geothermal spring water to surface water.

Section 468B.095 - Use of sludge on agricultural, horticultural or silvicultural land; rules.

Section 468B.110 - Authority to establish and enforce water quality standards by rule or order; limitation on authority; instream water quality standards.

Section 468B.112 - Definitions.

Section 468B.114 - Motorized in-stream placer mining; discharge prohibited without permit; other prohibitions.

Section 468B.116 - Permit application; permit conditions.

Section 468B.118 - Fees.

Section 468B.120 - Definitions for ORS 468B.120 to 468B.135.

Section 468B.125 - Policy to reduce phosphorous pollution.

Section 468B.130 - Prohibition on sale or distribution of cleaning agents containing phosphorus; rules.

Section 468B.135 - Exemptions.

Section 468B.138 - Definitions for ORS 468B.138 to 468B.144.

Section 468B.139 - Report; consultation with governments, agencies and organizations; surcharge.

Section 468B.140 - Plans to reduce discharges of persistent pollutants.

Section 468B.142 - Order compelling compliance with rules; injunction; security not required; attorney fees.

Section 468B.150 - Definitions for ORS 468B.150 to 468B.190.

Section 468B.155 - State goal to prevent ground water contamination.

Section 468B.160 - Ground water management and use policy.

Section 468B.162 - Coordination of ground water activities.

Section 468B.164 - Encouragement of federal actions.

Section 468B.165 - Ground water contaminants; maximum levels; rules.

Section 468B.166 - Technical advisory committee; duties; membership.

Section 468B.167 - Ground water resource protection strategy; advisory committees.

Section 468B.169 - Requests for funding, advice or assistance for ground water projects.

Section 468B.171 - Awarding grants; purpose; rules.

Section 468B.175 - Declaration of area of ground water concern.

Section 468B.177 - Actions of department after declaration of area of ground water concern.

Section 468B.179 - Ground water management committee; appointment; duties.

Section 468B.180 - Declaration of ground water management area; standards.

Section 468B.182 - Alternative appointment of ground water management committee.

Section 468B.183 - Duties of ground water management committee after declaration of ground water management area.

Section 468B.184 - Designation of lead agency for development of action plan; contents of action plan.

Section 468B.186 - Comment on plan; final plan.

Section 468B.187 - Acceptance or rejection of action plan; rules.

Section 468B.188 - Repeal of declaration of ground water management area.

Section 468B.190 - Ground water monitoring and assessment.

Section 468B.195 - Underground injection control program of federal Safe Drinking Water Act; rules; fees.

Section 468B.196 - Fees.

Section 468B.205 - Definition of confined animal feeding operation; rules.

Section 468B.210 - Maximum number of animals per facility; determination.

Section 468B.215 - Fees; permit conditions; review.

Section 468B.217 - Memorandum of understanding with Department of Agriculture.

Section 468B.225 - Prerequisite for investigation; written complaint; security deposit.

Section 468B.230 - Department of Agriculture civil penalty authority.

Section 468B.300 - Definitions for ORS 468B.300 to 468B.500.

Section 468B.305 - Entry of oil into waters of state prohibited; exceptions.

Section 468B.310 - Liability for violation of ORS 468B.305; exceptions.

Section 468B.315 - Duty to collect and remove oil; dispersal of oil.

Section 468B.320 - Action by state; liability for state expense; order; appeal.

Section 468B.325 - Director’s right of entry in response to spill or release of oil or hazardous material; state liability for damages.

Section 468B.330 - Action to collect costs.

Section 468B.340 - Legislative findings and intent.

Section 468B.345 - Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions.

Section 468B.350 - Standards for contingency plans; oil spill response zones; rules.

Section 468B.355 - Contingency plans; participation in maritime association; lien; liability of maritime association; exemption from liability.

Section 468B.360 - Review of contingency plan.

Section 468B.365 - Plan approval; change affecting plan; certificate of approval.

Section 468B.370 - Determination of adequacy of plan; practice drills; rules.

Section 468B.375 - Inspection of facilities and vessels; coordination with State of Washington.

Section 468B.385 - Modification of approval of contingency plan; revocation of approval; violation.

Section 468B.390 - Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility.

Section 468B.395 - Department duties.

Section 468B.400 - Wildlife rescue training program.

Section 468B.405 - Fees; disposition.

Section 468B.410 - Oil Spill Prevention Fund; uses.

Section 468B.412 - Report regarding fees and oil spill prevention activities.

Section 468B.415 - Oregon coast safety committee; subcommittees.

Section 468B.425 - Exemption from liability for removal costs or damages.

Section 468B.427 - Oil spill contingency plan required for high hazard train routes in state; notice of operations; renewal of plan; department response.

Section 468B.429 - Requirements for contingency plans.

Section 468B.431 - Review of contingency plan; plan approval; change affecting plan; certificate of approval.

Section 468B.433 - Financial responsibility statement.

Section 468B.435 - High Hazard Train Route Oil Spill Preparedness Fund; uses.

Section 468B.450 - Willful or negligent discharge of oil; civil penalty; authority of director to mitigate.

Section 468B.455 - Oil Spillage Control Fund; source; use.

Section 468B.485 - Methods of establishing financial assurance.

Section 468B.495 - Interagency response plan for oil or hazardous material spills.

Section 468B.500 - Contents of plan.

Section 468B.550 - Short title.

Section 468B.555 - Trading program development; priorities; fees.