Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 466.640

Strict liability for spill or release; exceptions

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      466.640 Strict liability for spill or release; exceptions. (1) Any person owning or having control over any oil or hazardous material spilled or released or threatening to spill or release shall be strictly liable without regard to fault for the spill or release or threatened spill or release. However, in any action to recover damages, the person shall be relieved from strict liability without regard to fault if the person can prove that the spill or release of oil or hazardous material was caused by:

      (a) An act of war or sabotage or an act of God.

      (b) Negligence on the part of the United States Government or the State of Oregon.

      (c) An act or omission of a third party without regard to whether any such act or omission was or was not negligent.

      (2) Notwithstanding the provisions of subsection (1) of this section:

      (a) A person who has entered into, and is in compliance with, an administrative agreement under ORS 465.327 is not liable to the State of Oregon for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.

      (b) A person who has entered into, and is in compliance with, a judicial consent judgment or an administrative consent order under ORS 465.327 is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the person’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327.

      (c) An authority created under ORS 465.600 to 465.621 is not liable to the State of Oregon or any person for any spill or release of oil or hazardous material at a facility that is subject to ORS 465.200 to 465.485 existing as of the date of the authority’s acquisition of ownership or operation of the facility, to the extent provided in ORS 465.327 for a person that has entered into, and is in compliance with, an administrative agreement, judicial consent judgment or an administrative consent order. [1985 c.733 §8; 2011 c.487 §3; 2015 c.631 §10]

Notes of Decisions
Cited in 2 cases, 1994–1997 · leading case: Exxon Shipping Company, a Delaware Corporation v. Exxon Seamen's Union
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Exxon Shipping Company, a Delaware Corporation v. Exxon Seamen's Union (1994) ca3 “Law § 181 (McKinney 1993); Or.Rev.Stat. § 466.640 (1991); 35 Pa.Stat.”
Martin v. State Farm Fire & Casualty Co. (1997) orctapp “The fourth claim is for strict liability under ORS 466.640, which makes an owner of or person having control over oil or hazardous material strictly liable for any spills.”
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