Chapter 465 — Chapter 465
138 sections in this chapter.
ORS 465.483 General liability insurance policies; duty to defend; environmental consultants. (1) If the provisions of a general liability insurance policy impose a duty to defend upon an insurer, and the insurer has undertaken the defense of an environmental claim on behalf of an insured under a reservation of rights, or if the insured has potential liability for the environmental claim in excess of the limits of the general liability insurance policy, the insurer shall provide independent counsel to defend the insured who shall represent only the insured and not the insurer
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(2)(a)(A) Independent counsel retained by the insurer to defend the insured under the provisions of this section must be experienced in handling the type and complexity of the environmental claim at issue. (B) If independent counsel who meet the requirements specified in this par…
ORS 465.484 Unfair environmental claims settlement practices; environmental claim mediation; damages. (1) An insurer or any other person may not commit any of the following unfair environmental claims settlement practices
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(a) Failure to commence investigation of an environmental claim within 15 working days after receipt of a notice of an environmental claim or failure to diligently respond to tenders of environmental claims, provided that an excess insurer may rely on the investigation of a prima…
ORS 465.485 Short title. ORS 465.475 to 465.484 shall be known and may be cited as the Oregon Environmental Cleanup Assistance Act. [Formerly 465.482]
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[Repealed or reserved.]
ORS 465.500 [1995 c.427 §3; 2001 c.495 §1; 2003 c.407 §21; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.503 [1995 c.427 §4; 2001 c.495 §2; 2003 c.407 §1; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.505 [1995 c.427 §5; 1999 c.59 §132; 2001 c.495 §3; 2021 c.539 §75; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.507 [1995 c.427 §6; 1999 c.59 §133; 2001 c.495 §4; 2003 c.407 §3; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.510 [1995 c.427 §7; 2001 c.495 §5; 2003 c.407 §4; repealed by 2023 c.262 §2]
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[Repealed or reserved.]
ORS 465.515 [1995 c.427 §8; 2001 c.495 §6; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.517 [1995 c.427 §9; 1999 c.1047 §1; 2001 c.495 §7; 2003 c.407 §5; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.520 [1995 c.427 §10; 1997 c.249 §161; 2001 c.495 §14; 2003 c.407 §6; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.523 [1995 c.427 §11; 1999 c.59 §134; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.525 [1995 c.427 §13; 2003 c.407 §7; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.527 [1995 c.427 §14; 2001 c.495 §8; 2003 c.407 §8; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.530 [1995 c.427 §15; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.531 [2003 c.407 §20; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.533 [1995 c.427 §16; 2001 c.495 §9; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.535 [1995 c.427 §17; 2001 c.495 §10; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.536 [2003 c.407 §10; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.537 [1995 c.427 §18; 1999 c.1047 §2; 2001 c.495 §11; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.540 [1995 c.427 §19; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.543 [1995 c.427 §20; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.545 [1995 c.427 §21; 2001 c.495 §12; 2003 c.407 §22; repealed by 2023 c.262 §1]
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[Repealed or reserved.]
ORS 465.546 [1999 c.1047 §4; repealed by 2003 c.407 §29]
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[Repealed or reserved.]
ORS 465.548 [1999 c.1047 §5; 2001 c.495 §13; repealed by 2003 c.407 §29]
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CHEMICAL AGENTS
ORS 465.550 Definitions for ORS 465.550 and 465.555. As used in ORS 465.550 and 465.555
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(1) “Chemical agents” means: (a) Blister agents, such as mustard gas; (b) Nerve agents, such as sarin and VX; (c) Residues from demilitarization, treatment and testing of blister agents; and (d) Residues from demilitarization, treatment and testing of nerve agents. (2) “Major rec…
ORS 465.555 County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents; annual fee. (1) If a site for the storage or disposal of chemical agents is located within a county and if a major recovery or major remedial action is anticipated to occur at the site, the governing body of the county may conduct an assessment of the social and economic effects on communities within the county that are likely to occur by reason of the major recovery or major remedial action
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(2) When assessing the effects on communities caused by the major recovery or major remedial action, the county governing body may consider, among other matters, the following: (a) Effects upon roads and streets; (b) Effects upon existing sewer and water systems; (c) Effects upon…
ORS 465.600 Definitions for ORS 465.600 to 465.621. As used in ORS 465.600 to 465.621
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(1) “Authority” means any public land bank authority created pursuant to ORS 465.600 to 465.621. (2) “Brownfield” has the meaning given that term in ORS 285A.185. (3) “Local government” means a local government as defined in ORS 174.116 or a intergovernmental entity created under…
ORS 465.603 Procedure to create public authority. (1) A local government may, upon its own motion, consider whether it is advisable to create an authority for the purpose of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties that are located within the geographic boundaries over which the local government has jurisdiction
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(2) If the local government, after public hearing according to the local government’s rules, determines that it is wise and desirable to create in an authority the powers and duties set forth in ORS 465.600 to 465.621, the local government shall by ordinance or resolution create …
ORS 465.606 Board of directors; rules; quorum; personnel. (1) An authority shall be managed and controlled by a board of directors. The initial board of directors shall be appointed by the local government that created the authority. Subsequent directors shall be appointed as provided in this section and the rules adopted by the authority
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(2) The regular term of a member of the board is four years. The board may establish special terms for positions that are shorter than four years for the purpose of staggering the terms of members of the board. Before the expiration of the term of a member, a successor shall be a…
ORS 465.609 General powers; advisory committees; notice of land disposition; report. (1) An authority shall have all powers necessary to accomplish the purposes of acquiring, rehabilitating, redeveloping, reutilizing or restoring brownfield properties, including without limitation the power to
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(a) Sue and be sued, plead and be impleaded in all actions, suits or proceedings brought by or against the authority. (b) Acquire, hold, use, enjoy and convey, lease or otherwise dispose of any interest in: (A) Brownfield properties within the authority’s geographic jurisdiction;…
ORS 465.612 Obligations of authority not obligations of local government; exception. (1) Except as provided in subsection (2) of this section, the debts, obligations and other liabilities of an authority are not a general or other obligation or liability of the local government that created the authority
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(2) A local government may incur debt, including the issuance of bonds under any bonding authority available to the local government, on behalf of an authority created by the local government and, by ordinance or resolution, deem a debt incurred under this subsection to be a gene…
ORS 465.615 Exemption from taxation. (1) Except as provided in subsection (2) of this section, an authority, all assets owned by the authority, the income from those assets, and all bonds issued by the authority, together with the coupons applicable to those bonds and the income from the bonds, shall be exempt from all taxation in the State of Oregon
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(2) The real and personal property owned by the authority and leased to a third party shall be subject to property taxation if the property would be subject to taxation if owned by the lessee. [2015 c.631 §6] Note: See note under 465.600.
ORS 465.618 Remedial action costs; recovery. (1) An authority shall keep a record of the authority’s remedial action costs
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(2) Notwithstanding any law to the contrary, an authority may, based on the record compiled by the authority under subsection (1) of this section, bring an action to recover from a person liable under ORS 465.255 or 465.260 the amount of the authority’s remedial action costs. (3)…
ORS 465.621 Dissolution. (1) Dissolution of an authority may be initiated
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(a) By resolution of the board of directors of the authority, filed with the local government that created the authority, if the board determines that dissolution of the authority is in the best interest of the community served by the authority; or (b) By resolution of the local …
ORS 465.900 Civil penalties for violation of removal or remedial actions. (1) In addition to any other penalty provided by law, any person who violates a provision of ORS 465.200 to 465.485, or any rule or order entered or adopted under ORS 465.200 to 465.485, shall incur a civil penalty not to exceed $25,000 a day for each day that such violation occurs or that failure to comply continues
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(2) The civil penalty authorized by subsection (1) of this section shall be imposed in the manner provided by ORS 468.135, except that a penalty collected under this section shall be deposited in the Hazardous Substance Remedial Action Fund established under ORS 465.381, if the p…
ORS 465.990 [Amended by 1953 c.540 §5; repealed by 1989 c.846 §15]
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[Repealed or reserved.]
ORS 465.992 [1999 c.1047 §6; repealed by 2023 c.262 §1]
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