Chapter 11.25


11.25.010    Title.

11.25.020    Purpose and authority.

11.25.030    Definitions.

11.25.040    Spill or deposit.

11.25.050    Liability for spill or release.

11.25.060    Cleanup.

11.25.070    Cost of cleanup.

11.25.010 Title.

This chapter shall be known as the hazardous substance cleanup ordinance and shall be so cited and pleaded. [Ord. 946 § 1, 1993.]

11.25.020 Purpose and authority.

Marion County may exercise authority by ordinance over matters of county concern to the fullest extent allowed by the constitutions and laws of the state of Oregon and the United States pursuant to ORS 203.035. Marion County has jurisdiction over all public roads and road-related facilities outside of incorporated cities pursuant to ORS 203.010 and ORS Chapter 368. Marion County controls and owns substantial roads and road-related facilities, which are subject to state and federal environmental regulation for storm water discharge, wastewater discharge, and hazardous substances and waste releases and spills. Because county roads are open to and used by members of the public, Marion County has a responsibility to protect the public health, safety and purse by immediately responding to any spill or release of environmentally damaging substances onto roads, and holding persons causing the spill or release responsible. [Ord. 946 § 2, 1993.]

11.25.030 Definitions.

“Clean up” means to contain, collect, remove, treat or dispose of hazardous substances which are spilled or released onto county property and to restore the site.

“Cleanup costs” means all costs associated with the cleanup of a spill or release incurred by the county, including costs of administration, investigation, legal or enforcement activities, contracts and health studies.

“Hazardous substances” means hazardous waste as defined by 40 CFR 261.3, any material considered hazardous under 49 CFR 172, and oil as defined by ORS 465.200(11). Such substances include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, and similar substances.

“Person” means an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the federal government and any agency thereof.

“Public road” means the entire right-of-way of any public way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles, including all tunnels, culverts, ditches, bridges and structures that provide continuity of the right-of-way, which are under the jurisdiction of Marion County.

“Release/deposit” means the threat of or the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, abandonment or placement of any hazardous substance onto any county property, except as permitted by law or with prior written permission of Marion County. [Ord. 946 § 3, 1993.]

11.25.040 Spill or deposit.

A. No person shall spill or deposit any hazardous substance onto the public roads and road-related facilities of Marion County, except as otherwise permitted by law or as otherwise permitted by Marion County.

B. Any person who spills or deposits a hazardous substance onto the public roads and road-related facilities of Marion County shall notify the Marion County emergency management director immediately. [Ord. 946 § 4, 1993.]

11.25.050 Liability for spill or release.

Any person owning or controlling the hazardous substance spilled or deposited shall be strictly liable without regard to fault for the spill or deposit. However, the person shall be relieved of strict liability in any action to recover damages, if the person can prove that the spill or release was caused by:

A. An act of war or sabotage or an act of God.

B. Negligence on the part of Marion County.

C. An act or omission of a third party without regard to whether any such act or omission was or was not negligent. [Ord. 946 § 5, 1993.]

11.25.060 Cleanup.

A. Any person liable for a spill or deposit shall immediately clean up the spill or deposit with the consent of the Marion County emergency management director, and undertake any investigation, monitoring, surveys, testing and other information gathering required by the Department of Environmental Quality.

B. The Marion County public works director may require cleanup by the responsible person for such incidents as:

1. Illegal disposal of hazardous substances;

2. Spills or releases of hazardous substances;

3. Improper storage or handling of hazardous substances; or

4. The discharge of wastewater, contaminated water or hazardous substances onto public roads or road-related facilities of Marion County.

C. The Marion County public works director may undertake cleanup if the person responsible for the spill or deposit fails to begin cleanup immediately or fails to complete the cleanup promptly and adequately. [Ord. 946 § 6, 1993.]

11.25.070 Cost of cleanup.

A. If the person responsible for cleanup fails or refuses to do so, the person shall be responsible for the reasonable expenses incurred by Marion County in carrying out the cleanup. Costs include but are not limited to the following:

1. Disposable materials and supplies provided, consumed, and expended specifically for the cleanup.

2. Compensation of the employees for the time and effort devoted specifically to the cleanup.

3. Rental or leasing of equipment used specifically for the cleanup.

4. Replacement costs for equipment owned by Marion County that is contaminated beyond reuse or repair.

5. Decontamination of equipment that was used during the cleanup.

6. Special technical service specifically required for the cleanup.

7. Other special services specifically required by the cleanup.

8. Laboratory costs for the purpose of analyzing samples taken during the cleanup.

B. If the amount Marion County incurred to clean up the spill or deposit is not paid by the responsible person within 30 days of the date notice of the expenses due and owing is sent, the Marion County public works director may request Marion County legal counsel to bring an action in the name of Marion County in a court of competent jurisdiction to recover the expenses specified in the notice. [Ord. 946 § 7, 1993.]