Or. Admin. Code § 837-120-0120
Current through Register Vol. 64, No. 1, January 1, 2025
Section 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.Or. Admin. Code § 837-120-0120
FM 8-1992, f. 7-15-92, cert. ef. 8-15-92Publications: 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