(1) The city manager, when he or she has reason to believe that hazardous substances pose imminent threats to the public health, safety or welfare, may undertake any assessment, evaluation or investigation of known or suspected contamination where necessary to protect the public health, safety and welfare. Notwithstanding the foregoing, nothing in this section 6.365 authorizes the city manager to undertake, or to order any action related to property which is subject to an enforceable order issued by the Oregon Department of Environmental Quality or United States Environmental Protection Agency if the order requires investigation or remediation of suspected or known contamination.

(2) The city manager, when he or she has reason to believe that hazardous substances pose imminent threats to the public health, safety or welfare, may authorize any person to carry out any assessment, evaluation or investigation in accordance with any requirements of or directions from the city manager, if the city manager determines that the person will commence and complete the assessment, evaluation or investigation properly and in a timely manner.

(3) The city manager, when he or she has reason to believe that hazardous substances pose imminent threats to the public health, safety or welfare, may require any responsible party to conduct any assessment, evaluation or investigation which the city manager determines is necessary to protect the public health, safety and welfare. An order of the city manager is appealable only as provided by subsection (4) of this section.

(4) Any person who receives and complies with the terms of an order issued pursuant to subsection (3) of this section may, within 60 days after completion of the required action, petition the city manager for reimbursement for the reasonable costs of such action. If the city manager denies reimbursement, the person may appeal the city manager’s denial to a hearings officer in accordance with the timelines and procedures established by section 2.021 of this code. To obtain reimbursement, the person must establish by a preponderance of the evidence that the person is not a responsible party, and that the costs for which the person seeks reimbursement are reasonable in light of the action required by the relevant order; these criteria are the sole basis for reimbursement.

(5) If any responsible party fails without sufficient cause to conduct an assessment, evaluation or investigation as required by an order of the city manager under subsection (3) of this section the responsible party shall be liable to the city for the city’s removal action costs and for punitive damages not to exceed three times the amount of the city’s removal action costs.