465.330 State
remedial action costs; payment; effect of failure to pay. (1) The Department of
Environmental Quality shall keep a record of the state’s remedial action costs.
(2) Based on the
record compiled by the department under subsection (1) of this section, the
department shall require any person liable under ORS 465.255 or 465.260 to pay
the amount of the state’s remedial action costs and, if applicable, punitive
damages.
(3) If the state’s
remedial action costs and punitive damages are not paid by the liable person to
the department within 45 days after receipt of notice that such costs and
damages are due and owing, the Attorney General, at the request of the Director
of the Department of Environmental Quality, shall bring an action in the name
of the State of Oregon in a court of competent jurisdiction to recover the
amount owed, plus reasonable legal expenses.
(4) All moneys
received by the department under this section shall be deposited in the
Hazardous Substance Remedial Action Fund established under ORS 465.381 if the
moneys received pertain to a removal or remedial action taken at any facility. [Formerly
466.580]
Notes of Decisions
Cash Flow Investors, Inc. v. Union Oil Co., 862 P.2d 501 (Or. 1993).
“” See ORS 465.330(3) (if the state’s “remedial actions costs” are not paid by the liable party within 45 days, the state shall bring an “action” to recover the amount owed, “plus reasonable legal expenses”); ORS 465.”
McDonald's Corp. v. Wilson, 814 F. Supp. 935 (D. Or. 1993).
· cites it 2× “punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the director, shall bring an action in the name of the State of Oregon in a court of…”
— Or. Rev. Stat. § 465.330(3) — 2 cases
Cash Flow Investors, Inc. v. Union Oil Co., 862 P.2d 501 (Or. 1993).
“” See ORS 465.330(3) (if the state’s “remedial actions costs” are not paid by the liable party within 45 days, the state shall bring an “action” to recover the amount owed, “plus reasonable legal expenses”); ORS 465.”
McDonald's Corp. v. Wilson, 814 F. Supp. 935 (D. Or. 1993).
“punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the director, shall bring an action in the name of the State of Oregon in a court of…”
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