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Emergency Law Inventory | Full Law Text

Law Number

ORS 30.492

Summary Title

Liability: Volunteer Providing Assistance During Hazardous Material Discharge

Summary

An individual, who, voluntarily and without compensation, provides assistance or advice related to mitigating, preventing, or cleaning up a discharge of hazardous materials, will not be held legally responsible for acting or failing to act. They can be held legally responsible if they were responsible for the actual or imminent discharge or if acting with extreme carelessness or intent to cause harm.

Full Title

Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material

Full Text

(1) Except as provided in ORS 30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to: (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material. (2) Except as provided in ORS 30.495 and 30.497, no state or local agency may assess a civil or criminal penalty against a person for voluntarily providing assistance or advice directly related to: (a) Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or (b) Preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of any discharge of hazardous material.