OAR 340-140-0090: Recovered Funds

(1) The Department may demand repayment of cleanup costs from the responsible party when that person is known to the Department. (2) The law enforcement agency assisted shall provide the Department with a schedule of any court actions involving the prosecution of persons potentially liable for cleanup costs. (3) The Department will prepare invoices for the actual or estimated amount of the total cleanup costs and forward these invoices to the District Attorney’s office handling the criminal prosecution of the case prior to the scheduled hearing date. (4) Where a law enforcement agency cannot assist the Department in cost recovery through court ordered restitution in a criminal proceeding, the law enforcement agency may be requested to provide assistance in a civil cost recovery action: (a) Law enforcement agencies may be asked to provide information on the identity and whereabouts of the responsible party; (b) Law enforcement agencies may be requested to serve notices on behalf of the Department. (5) All funds received by the Department identified as cost repayment, restitution, and any other name used to describe repayment of drug lab cleanup expenses and administrative costs will be deposited in the Illegal Drug Cleanup Fund. (6) When money is recovered from a responsible party under ORS 475.405 through 475.495, such money will be deposited in the Illegal Drug Cleanup Fund.