(1) Regardless of any criminal prosecution or the result of a prosecution under ORS § 550.390, the urban flood safety and water quality district or any other person injured by a violation of ORS § 550.390 may bring a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions caused the injury to a waterway described in ORS § 550.390 owned or controlled by the district or person.

Terms Used In Oregon Statutes 550.400

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2) Upon prevailing in such civil action, the plaintiff may recover damages measured by the total costs of remediating the injury actually incurred by the district or the person that owns or controls the injured waterway. [2019 c.621 § 26]