Oregon Revised Statutes Chapter 465 § 465.325 — Agreement to perform removal or remedial action; reimbursement; agreement as

Agreement to perform removal or remedial action; reimbursement; agreement as order and consent judgment; effect on liability. (1)(a) The Director of the Department of Environmental Quality, in the director’s discretion, may enter into an agreement with any person including the owner or operator of the facility from which a release emanates, or any other potentially responsible person to perform any removal or remedial action if the director determines that the actions will be properly done by the person. Whenever practicable and in the public interest, as determined by the director, the director, in order to expedite effective removal or remedial actions and minimize litigation, shall act to facilitate agreements under this section that are in the public interest and consistent with the rules adopted under ORS 465.400. If the director decides not to use the procedures in this section, the director shall notify in writing potentially responsible parties at the facility of such decision. Notwithstanding ORS chapter 183, a decision of the director to use or not to use the procedures described in this section shall not be appealable to the Environmental Quality Commission or subject to judicial review. (b)(A) At least 30 days before an agreement is entered into under this section, the director shall provide written notice to any person who has entered into an agreement with the Department of Environmental Quality under ORS 465.327 related to the facility and who is in substantial compliance with the agreement entered into under ORS 465.327. A person receiving notice under this paragraph shall be provided with an opportunity to participate in any negotiations under this section related to an agreement concerning the facility, and the person may provide written comments related to the proposed agreement. (B) At the conclusion of any negotiations described in this paragraph and at least 30 days before submittal to the appropriate circuit court as a proposed consent judgment, the director shall provide written notice of the proposed agreement to any person who has entered into an agreement with the department under ORS