What Do I Do If I Discover a Hazardous Waste Spill at My Business in Oregon?
Leaks and spills of hazardous or regulated materials often start small but can quickly become an expensive nightmare, especially for a business that is not prepared for such an incident. The responsibility for cleanup lies with the person or entity who spills the product, as well as the person owning or having authority over the oil or hazardous material.
Do I Need to Report A Hazardous Waste Spill in Oregon?
The short answer is, yes. In Oregon, spills must be promptly reported to the Oregon Emergency Response System (OERS),) or the operator can face substantial fines for failure to comply.
In addition, the Department of Environmental Quality (DEQ) will hold you responsible for the immediate cleanup of your spill, regardless of the quantity involved.
What Hazardous Waste Categories Must Be Reported?
While this list does not include all potential types of hazardous waste spills that must be reported, if your spill matches one of the below categories, be sure to contact the OERS immediately:
Any amount of oil to waters of the state
Oil spills on land in excess of 42 gallons
Hazardous materials such as solvents, pesticides, or gasoline that are equal to the Code of Federal Regulations, 40 CFR Part 302
What Information Do I need to Provide When Reporting A Hazardous Waste Spill?
You will want to be prepared to answer the following questions when contacting the OERS to report your hazardous waste:
Where is the spill?
What spilled?
How much spilled?
How concentrated is the spilled material?
Who spilled the material?
Is anyone cleaning up the spill?
Are there resource damages (e.g., dead fish or oiled birds)?
Who is reporting the spill?
How OERS or someone from DEQ can contact you?
What to Expect After Reporting A Hazardous Waste Spill
Once the spill has been reported and cleanup efforts are underway or completed, you will likely receive a letter from DEQ requesting a completed spill/release report form explaining the details of the spill as well as your efforts to 1) stop the spread of the spill, and 2) cleanup and dispose of the waste.
The report and all supporting documentation must be mailed to the DEQ regional office specified in the request letter. State and Federal environmental authorities take their reporting requirements very seriously. It’s important to remember that insurance companies do not pay fines and penalties arising from failure to report spills or for late reporting. There are a number of actions you can take to reduce or mitigate the costs associated with spills.
Alternatives to Payment of Fines for Hazardous Waste Spills in Oregon
The DEQ offers a special enforcement settlement known as a Supplemental Environmental Project (SEP). An SEP arrangement can reduce the amount of a fine or penalty or at least make it less burdensome. SEPs are agreements between the DEQ and property owners and/or operators who are subject to a fine. Instead of paying a fine, they may instead be allowed to perform activities, such as a household hazardous waste collection event, or streamside restoration, that provide an increased level of environmental protection.
You can also challenge an official finding based on scientific evidence. This challenge can address the amount of material spilled, its environmental consequences, and the best way to remedy the problem. This approach can sometimes save you significant amounts of time and money.
Why Is It Important to Report Hazardous Waste Spills?
Often, only small amounts of hazardous materials are spilled, and under normal circumstances the fine would not be significant had it been reported. The problem—and a hefty penalty—can often arise from the failure to report. Avoid this costly situation by following the DEQ reporting requirements.
After a spill, the best way to maintain a legally defensible position against a government agency or third-party claimant (and avoid being included as a responsible party to a pre-existing contamination problem) is to document every environmental release. Keeping detailed notes of all notification and mitigation actions taken after a spill will go a long way in alleviating liability exposure in both the short and long-term.
If you have encountered an issue with hazardous waste on your property, it can be helpful to work with an experienced land use lawyer to ensure you are in-the-know regarding your options. Book a consultation with us today!
The information provided here does not constitute legal advice. Hutchinson Cox makes neither express nor implied warranties regarding the use of this material. The reader should always seek competent legal advice as the facts of every case vary.