Or. Admin. Code § 837-120-0120 - Government Liability for Emergency Responses
(1) Under the provisions of
42 U.S.C. §
9607 (d)(2)
, no state or local government shall be liable under
the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) § 107 for costs or damages as a result of actions taken in
response to an emergency created by a release or threatened release of a
hazardous substance generated by or from a facility owned by another
person.
(2) State or local
government shall not be precluded from liability for costs or damages as a
result of gross negligence or intentional misconduct by the state or local
government. For purpose of this rule, reckless, willful, or wanton misconduct
shall constitute gross negligence.
(3) In addition to the federal protections
from liability described under OAR 837-120-0120(1), regional or limited
hazardous materials emergency response teams will function as an agent of the
state solely for purposes of the Oregon Tort Claims Act, ORS
30.260 to
30.300 to the extent authorized
under ORS 453.384. Contractors shall,
therefore, not respond as state sponsored regional or limited hazardous
materials emergency response team except and unless they have been specifically
authorized to do so by the State Fire Marshal.
Notes
Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.
Stat. Auth.: ORS 453.367
Stats. Implemented: ORS 453.384
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