Or. Admin. Code § 837-120-0090 - Response Costs and Financial Liability
(1) Notwithstanding any other provision of
rule or law, whenever the State Fire Marshal dispatches a regional or limited
hazardous materials emergency response team to an emergency involving hazardous
materials, the State Fire Marshal may bill the person(s) responsible for
causing the emergency for the costs of responding to the emergency.
(2) Emergency response costs include all
response costs incurred as a result of a hazardous materials emergency. Such
costs generally include, but are not limited to, Department of the State Fire
Marshal and contractor expenses that result from the assessment and emergency
response phases of hazardous materials incidents.
(3) Emergency response costs do not include
clean-up or disposal costs of hazardous materials, except as they may be
reasonably necessary and incidental to preventing a release or threat of
release of a hazardous material or for stabilizing the emergency response
incident.
(4) Team response costs
do not include the wide range of emergency costs associated with a hazardous
materials emergency, but shall be limited to those expenses agreed to by
contract as directly related to regional hazardous materials emergency response
team operations.
(5) The person(s)
responsible for causing the emergency shall be liable for:
(a) All emergency response costs including,
but not limited to, team expenses incurred by the regional or limited hazardous
materials emergency response team, agencies of the State of Oregon, and the
governmental jurisdiction in which the incident occurs; and
(b) Any other necessary and reasonable costs
including the state's legal or collection expenses and the state's direct cost
of administration of the hazardous materials emergency response system
including duty officer personnel costs for coordination which arise as a result
of the emergency.
(6) The
State Fire Marshal, using documentation and reports of the regional or limited
response team, will bill the person(s) that caused the hazardous materials
emergency according to the requirements of ORS
453.382.
Notes
Statutory/Other Authority: ORS 453.367
Statutes/Other Implemented: ORS 453.382
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