ORS 465.257: Right of contribution from other person liable for remedial action costs; allocation of orphan share.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Any person who is liable or potentially liable under ORS 465.255 may seek contribution from any other person who is liable or potentially liable under ORS 465.255. When such a claim for contribution is at trial and the court determines that apportionment of recoverable costs among the liable parties is appropriate, the share of the remedial action costs that is to be borne by each party shall be determined by the court, using such equitable factors as the court deems appropriate, including but not limited to the following: (a) The amount of hazardous substances contributed to the facility; (b) The degree of toxicity or hazard posed by the hazardous substances to public health, safety and welfare, and to the environment; (c) The degree of involvement in the release of the hazardous substance by the liable persons; (d) The relative culpability or negligence of the liable persons; (e) The degree of cooperation by the liable persons with the government or with persons who have a financial interest in the facility; (f) The extent of the participation by the liable person in response actions at the facility; (g) The length of time the facility was owned or operated by the liable person during the time the release occurred; (h) Whether the acts or omissions that resulted in a release were in material compliance with applicable laws, standards, regulations, licenses or permits; (i) The economic benefit derived from the facility or from the acts or omissions that resulted in a release; (j) The circumstances and conditions involved in the facility’s conveyance, including the price paid and any discounts granted; and (k) The quality of evidence concerning liability and equitable shares. (2) At the time of trial, if a person who is otherwise liable under ORS 465.255 is no longer subject to a judgment due to bankruptcy, dissolution or death (an orphan share), the court may, in its discretion, allocate that person’s equitable share to the other liable persons in proportion to their equitable shares or on any other equitable basis taking into consideration any relationship between the orphan share’s liable person and each other liable person. [1995 c.662 §5]
Official history and status
History: Note: 465.257 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 465 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Administrative rules citing this section
- OAR 340-122-0030: Scope and Applicability — implements
- OAR 340-122-0040: Standards — implements
- OAR 340-122-0205: Cleanup Rules for Leaking Petroleum UST Systems: Purpose — implements
- OAR 340-122-0210: Cleanup Rules for Leaking Petroleum UST Systems: Definitions — implements
- OAR 340-122-0215: Cleanup Rules for Leaking Petroleum UST Systems: Scope and Applicability — implements
- OAR 340-122-0217: Cleanup Rules for Leaking Petroleum UST Systems: Requirements and Remediation Options — implements
- OAR 340-122-0218: Cleanup Rules for Leaking Petroleum UST Systems: Sampling and Analysis — implements
- OAR 340-122-0220: Cleanup Rules for Leaking Petroleum UST Systems: Initial Response — implements
- OAR 340-122-0225: Cleanup Rules for Leaking Petroleum UST Systems: Initial Abatement Measures and Site Check — implements
- OAR 340-122-0230: Cleanup Rules for Leaking Petroleum UST Systems: Initial Site Characterization — implements
- OAR 340-122-0235: Cleanup Rules for Leaking Petroleum UST Systems: Free Product Removal — implements
- OAR 340-122-0240: Cleanup Rules for Leaking Petroleum UST Systems: Investigation for Magnitude and Extent of Contamination — implements
- OAR 340-122-0243: Cleanup Rules for Leaking Petroleum UST Systems: Low-Impact Sites — implements
- OAR 340-122-0244: Cleanup Rules for Leaking Petroleum UST Systems: Risk-Based Concentrations — implements
- OAR 340-122-0250: Cleanup Rules for Leaking Petroleum UST Systems: Corrective Action Plan — implements
- OAR 340-122-0252: Cleanup Rules for Leaking Petroleum UST Systems: Generic Remedies — implements
- OAR 340-122-0260: Cleanup Rules for Leaking Petroleum UST Systems: Public Participation — implements
- OAR 340-122-0320: Cleanup Rules for Leaking Petroleum UST Systems: Soil Matrix Cleanup Options — implements
- OAR 340-122-0325: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Matrix Cleanup Level — implements
- OAR 340-122-0330: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation Parameters — implements
- OAR 340-122-0335: Cleanup Rules for Leaking Petroleum UST Systems: Numeric Soil Cleanup Standards — implements
- OAR 340-122-0340: Cleanup Rules for Leaking Petroleum UST Systems: Sample Number and Location — implements
- OAR 340-122-0345: Cleanup Rules for Leaking Petroleum UST Systems: Sample Collection Methods — implements
- OAR 340-122-0355: Cleanup Rules for Leaking Petroleum UST Systems: Evaluation of Analytical Results — implements
- OAR 340-150-0008: Exemptions and Deferrals — authority
- OAR 340-160-0020: General Provisions — authority
- OAR 340-160-0021: UST Service Provider Work Practices — authority
- OAR 340-160-0022: UST Supervisor Work Practices — authority
- OAR 340-163-0150: Fees — authority
- OAR 340-177-0055: Cleanup and Reporting Requirements — authority
- OAR 340-177-0065: Cleanup Options and Technical Requirements — authority
This rule cites
- ORS 465.255 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors465.html