Chapter 468B — Chapter 468B

ORS 468B.305 Entry of oil into waters of state prohibited; exceptions. (1) It shall be unlawful for oil to enter the waters of the state from any ship or high hazard train route or from any fixed or mobile facility or installation located offshore or onshore, whether publicly or privately operated, regardless of the cause of the entry or the fault of the person having control over the oil, or regardless of whether the entry is the result of intentional or negligent conduct, accident or other cause. Such entry constitutes pollution of the waters of the state

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ORS 468B.310 Liability for violation of ORS 468B.305; exceptions. (1) Any person owning oil or having control over oil which enters the waters of the state in violation of ORS 468B.305 shall be strictly liable, without regard to fault, for the damages to persons or property, public or private, caused by such entry. 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 oil to which the damages relate, entered the waters of the state by causes set forth in ORS 468B.305 (2)

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ORS 468B.315 Duty to collect and remove oil; dispersal of oil. (1) In addition to any other liability or penalty imposed by law, it shall be the obligation of any person owning or having control over oil which enters the waters of the state in violation of ORS 468B.305 to collect and remove the oil immediately

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ORS 468B.320 Action by state; liability for state expense; order; appeal. (1) If any person fails to collect, remove, treat, contain or disperse oil immediately when under the obligation imposed by ORS 468B.315, the Department of Environmental Quality is authorized, itself or by contract with outside parties, to take such actions as are necessary to collect, remove, treat, contain or disperse oil which enters into the waters of the state

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ORS 468B.325 Director’s right of entry in response to spill or release of oil or hazardous material; state liability for damages. (1) The Director of the Department of Environmental Quality shall have the power to enter upon any public or private property, premises, ship or place for the purpose of investigating, controlling, collecting, removing, treating, containing or dispersing a spill or release or threatened spill or release of oil or hazardous material

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ORS 468B.330 Action to collect costs. (1) If the amount of state-incurred expenses under ORS 468B.320 is not paid by the responsible person to the Environmental Quality Commission at the time provided in subsection (2) of this section, the Attorney General, upon the request of the Director of the Department of Environmental Quality, shall bring action in the name of the State of Oregon in the Circuit Court of Marion County or the circuit court of any other county in which the violation may have taken place to recover the amount specified in the order of the commission

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ORS 468B.335 Effect of federal regulations of oil spillage. Nothing in ORS 468.020, 468.095, 468.140 (3) and 468B.300 to 468B.500 or the rules adopted thereunder shall require or prohibit any act if such requirement or prohibition is in conflict with any applicable federal law or regulation. [Formerly 449.175 and then 468.815]

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ORS 468B.337 Liquefied natural gas. The provisions of ORS 468B.300 to 468B.500 apply to liquefied natural gas while the gas is in transit through the navigable waters of the state or while the gas is at a facility that receives liquefied natural gas from a vessel. [2007 c.157 §5]

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ORS 468B.340 Legislative findings and intent. (1) The Legislative Assembly finds that

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ORS 468B.345 Oil spill contingency plan required to operate facility or covered vessel in state or state waters; exceptions. (1) Unless an oil spill prevention and emergency response plan has been approved by the Department of Environmental Quality and has been properly implemented, no person shall

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ORS 468B.350 Standards for contingency plans; oil spill response zones; rules. (1) The Environmental Quality Commission shall adopt rules defining

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ORS 468B.355 Contingency plans; participation in maritime association; lien; liability of maritime association; exemption from liability. (1) A contingency plan for a facility or covered vessel shall be submitted to the Department of Environmental Quality within 12 months after the Environmental Quality Commission adopts rules under ORS 468B.350. The department may adopt a schedule for submission of an oil contingency plan within the 12-month period. The schedule for the Columbia River shall be coordinated with the State of Washington. The department may adopt an alternative schedule for the Oregon coast and the Willamette River

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ORS 468B.360 Review of contingency plan. In reviewing the contingency plan required by ORS 468B.345, the Department of Environmental Quality shall consider at least the following factors

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ORS 468B.365 Plan approval; change affecting plan; certificate of approval. (1) The Department of Environmental Quality shall approve a contingency plan required under ORS 468B.345 only if it determines that the plan meets the requirements of ORS 468B.345 to 468B.360 and

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ORS 468B.370 Determination of adequacy of plan; practice drills; rules. (1)(a) The Environmental Quality Commission by rule shall adopt procedures to determine the adequacy of a contingency plan approved or filed for approval under ORS 468B.365

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ORS 468B.375 Inspection of facilities and vessels; coordination with State of Washington. (1) In addition to any other right of access or inspection conferred upon the Department of Environmental Quality by ORS 468B.370, the department may at reasonable times and in a safe manner enter and inspect facilities and tank vessels in order to insure compliance with the provisions of ORS 468B.345 to 468B.415

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ORS 468B.380 Tank vessel inspection program; rules. If the Department of Environmental Quality determines under ORS 468B.375 that a state tank vessel inspection program is necessary, the Environmental Quality Commission shall adopt rules necessary to enable the department to implement the state tank vessel inspection program. [1991 c.651 §11]

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ORS 468B.385 Modification of approval of contingency plan; revocation of approval; violation. (1) Upon request of a plan holder or on the initiative of the Department of Environmental Quality, the department, after notice and opportunity for hearing, may modify its approval of a contingency plan required under ORS 468B.345 if the department determines that a change has occurred in the operation of the facility or tank vessel necessitating an amended or supplemental plan, or that the operator’s discharge experience demonstrates a necessity for modification

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ORS 468B.390 Compliance with federal Oil Pollution Act of 1990; proof of financial responsibility. (1) No person shall cause or permit the operation of a facility in the state unless the person has proof of compliance with Section 1016 of the federal Oil Pollution Act of 1990 (P.L. 101-380), if such compliance is required by federal law

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ORS 468B.395 Department duties. The Department of Environmental Quality shall

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ORS 468B.400 Wildlife rescue training program. The State Department of Fish and Wildlife shall develop and implement a program to provide wildlife rescue training for volunteers. In developing the program, the State Department of Fish and Wildlife shall

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ORS 468B.405 Fees; disposition. (1) The Department of Environmental Quality shall assess the following fees on covered vessels and offshore and onshore facilities to recover the costs of reviewing the plans and conducting the inspections, exercises, training and activities required under ORS 468B.345 to 468B.400

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ORS 468B.410 Oil Spill Prevention Fund; uses. (1) The Oil Spill Prevention Fund is established separate and distinct from the General Fund in the State Treasury. Interest earned on the fund shall be credited to the fund. Moneys received by the Department of Environmental Quality for the purpose of oil and hazardous material spill prevention and the fees collected under ORS 468B.405 shall be paid into the State Treasury and credited to the fund

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ORS 468B.412 Report regarding fees and oil spill prevention activities. (1) By September 30 of each year, the Department of Environmental Quality shall publish a report for the previous fiscal year, commencing on July 1 and ending on June 30, that addresses

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ORS 468B.415 Oregon coast safety committee; subcommittees. (1) There is established a safety committee for the Oregon coast. A subcommittee shall be appointed for Coos Bay and Yaquina Bay. In addition, the Department of Environmental Quality also shall consult with the State of Washington to establish a joint regional safety committee for the Columbia River and may appoint a subcommittee for the Willamette River. The safety committee shall operate under the direction of the Oregon Infrastructure Finance Authority pursuant to ORS 285A.615

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ORS 468B.420 Safety committee recommendations. If a safety committee established under ORS 468B.415 determines that the United States Coast Guard has not acted on the recommendations submitted under ORS 468B.415 (5)(c)(C) and (E) in a timely and adequate manner, the committee may recommend to the port that the port adopt rules to implement the committee’s recommendations under ORS 468B.415 (5)(c)(C) and (E). [1991 c.651 §19a]

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ORS 468B.425 Exemption from liability for removal costs or damages. (1) Notwithstanding any other provision of law, a person is not liable for removal costs or damages that result from action taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by a state official responsible for oil spill response

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ORS 468B.427 Oil spill contingency plan required for high hazard train routes in state; notice of operations; renewal of plan; department response. (1) A railroad that owns or operates a high hazard train route in this state shall have an oil spill prevention and emergency response plan that has been approved by the Department of Environmental Quality

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ORS 468B.429 Requirements for contingency plans. (1) A contingency plan for a high hazard train route required under ORS 468B.427 must

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ORS 468B.431 Review of contingency plan; plan approval; change affecting plan; certificate of approval. (1) The Department of Environmental Quality shall review a contingency plan for a high hazard train route submitted under ORS 468B.427 and shall approve the contingency plan if the plan

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ORS 468B.433 Financial responsibility statement. (1) A railroad that owns or operates a high hazard train route shall submit to the Department of Environmental Quality, together with a contingency plan required under ORS 468B.427, a financial responsibility statement described in subsection (2) of this section. The railroad shall submit an updated statement at least once every five years, together with submission of a renewed contingency plan under ORS 468B.427 (4)

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ORS 468B.435 High Hazard Train Route Oil Spill Preparedness Fund; uses. (1) The High Hazard Train Route Oil Spill Preparedness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the High Hazard Train Route Oil Spill Preparedness Fund shall be credited to the fund

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ORS 468B.437 Rules. The Environmental Quality Commission may adopt rules as necessary for the implementation of ORS 468B.427, 468B.429, 468B.431, 468B.433 and 468B.435. [2019 c.581 §10]

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ORS 468B.450 Willful or negligent discharge of oil; civil penalty; authority of director to mitigate. (1) Any person who willfully or negligently causes or permits the discharge of oil into the waters of the state shall incur, in addition to any other penalty provided by law, a civil penalty commensurate with the amount of damage incurred. The amount of the penalty shall be determined by the Director of the Department of Environmental Quality with the advice of the State Fish and Wildlife Director after taking into consideration the gravity of the violation, the previous record of the violator in complying, or failing to comply, with the provisions of ORS 468B.450 to 468B.460, and such other considerations as the director considers appropriate. The penalty provided for in this subsection shall be imposed and enforced in accordance with ORS 468.135

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ORS 468B.455 Oil Spillage Control Fund; source; use. (1) There is established an Oil Spillage Control Fund, separate and distinct from the General Fund. This account shall be a revolving fund, the interest of which shall be credited to the Oil Spillage Control Fund

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ORS 468B.460 Rules. The Environmental Quality Commission shall adopt rules necessary to carry out the provisions of ORS 468B.450 and 468B.455. [Formerly 468.821]

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ORS 468B.475 Legislative finding; need for evidence of financial assurance for ships transporting oil. The Legislative Assembly finds that oil spills, hazardous material spills and other forms of incremental pollution present serious danger to the fragile marine environment of the state. Therefore, it is the intent of this section and ORS 468B.485 to establish financial assurance for ships that transport oil and other hazardous material in the waters of the state. [Formerly 468.823]

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ORS 468B.480 [Formerly 468.825; repealed by 2001 c.688 §11]

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ORS 468B.485 Methods of establishing financial assurance. (1) Financial assurance may be established by any of the following methods or a combination of these methods acceptable to the Environmental Quality Commission

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ORS 468B.490 [Formerly 468.829; repealed by 2001 c.688 §11]

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ORS 468B.495 Interagency response plan for oil or hazardous material spills. (1) The Department of Environmental Quality shall develop an integrated, interagency response plan for oil or hazardous material spills in the Columbia River, the Willamette River up to Willamette Falls and the coastal waters and estuaries of the state, and along high hazard train routes. In developing the response plan, the department shall work with all affected local, state and federal agencies, with railroads required to have approved contingency plans under ORS 468B.427 and with any volunteer group interested in participating in oil or hazardous material spill response

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ORS 468B.500 Contents of plan. The plan developed under ORS 468B.495 shall include at a minimum

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ORS 468B.510 Seismic vulnerability assessment required for bulk oils or liquid fuels terminal; rules. (1) As used in ORS 468B.510 to 468B.525, “bulk oils or liquid fuels terminal” means an industrial facility located in Columbia, Multnomah or Lane County that is primarily engaged in the transport or bulk storage of oils or liquid fuel products and is characterized by having

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ORS 468B.513 Seismic risk mitigation implementation program; plan; fees; rules. (1) The owner or operator of a bulk oils or liquid fuels terminal shall properly implement a seismic risk mitigation implementation plan that has been approved by the Department of Environmental Quality. A seismic risk mitigation implementation plan must, at a minimum, identify actions, with timelines, to protect public health, life safety and environmental safety within the facility, in areas adjacent to the facility and in other areas that may be affected as a result of damages to the facility. A seismic risk mitigation implementation plan, as a risk-based assessment, must include consideration of the likelihood of a magnitude 9.0 Cascadia Subduction Zone earthquake, the potential consequences of that event and the resources needed to respond to that event

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ORS 468B.516 Confidential business information. Confidential business information submitted to the Department of Environmental Quality by the owner or operator of a bulk oils or liquid fuels terminal under ORS 468B.510 or 468B.513 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data does not directly or indirectly identify the confidential business information. [2022 c.99 §4]

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ORS 468B.519 Whistleblower protection for employees. (1) It is an unlawful employment practice for the owner or operator of a bulk oils or liquid fuels terminal to discharge, demote, suspend or in any manner discriminate or retaliate against an employee of the bulk oils or liquid fuels terminal with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has in good faith

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ORS 468B.522 Federally preempted requirements not applicable. The requirements of ORS 468B.510 to 468B.525 do not apply to a bulk oils or liquid fuels terminal to the extent those requirements are preempted by 49 U.S.C. 60101 et seq. [2022 c.99 §3a; 2025 c.2 §30]

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ORS 468B.525 Seismic Risk Mitigation Fund. (1) The Seismic Risk Mitigation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Seismic Risk Mitigation Fund shall be credited to the fund

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ORS 468B.550 Short title. This section and ORS 468B.555 shall be known as the “Willamette Watershed Improvement Trading Act.” [2001 c.758 §1]

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ORS 468B.555 Trading program development; priorities; fees. (1) The Department of Environmental Quality shall develop and implement a pollutant reduction trading program as a means of achieving water quality objectives and standards in this state. The department shall develop the program in a manner that complies with state and federal water quality regulations and promotes economic efficiency

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