(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. (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.
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