Oregon Statutes - Chapter 468B - Water Quality - Section 468B.425 - Exemption from liability for removal costs 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)

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Last modified: August 7, 2008