Or. Admin. R. 837-120-0110

Current through Register Vol. 63, No. 8, August 1, 2024

Section 837-120-0110 - Disputed Emergency Response Billings

(1) If the responsible party(ies) billed under OAR 837-120-0090 either fails to pay the costs set forth in the State Fire Marshal billing within 30 days or fails to submit a written dispute of charges, a second billing shall be sent.

(2) If the responsible party(ies) fail(s) to pay the costs set forth in the second billing within 30 days:

(a) The State Fire Marshal shall pay the regional or limited hazardous materials emergency response team's team response costs from the state revolving fund; and

(b) Contact the responsible person(s) and attempt to resolve the payment problem informally; or

(c) Bring a legal action for the recovery of any unpaid costs.

(3) Any state cost of collection or legal representation will be added to the outstanding disputed billing and shall become the legal obligation of the person(s) found responsible for causing the emergency.

(4) A regional or limited response team contractor which has agreed to operate only under state authority may bill the state for the costs of state approved responses to incidents within the contractor's local jurisdiction.

(5) A regional or limited response team contractor which has not agreed to operate only under state authority may bill the state for costs of responses to incidents within the contractor's local jurisdiction only were the responsible person(s) have been identified and have agreed to pay for all costs of emergency response, or there has been prior advance approval of such billing by the state.

Or. Admin. R. 837-120-0110

FM 8-1992, f. 7-15-92, cert. ef. 8-15-92; OSFM 6-2019, amend filed 09/26/2019, effective 10/1/2019

Statutory/Other Authority: ORS 453.367

Statutes/Other Implemented: ORS 453.382