Title 36A, Housing; Lottery and Games; Environment

(1) A producer or retailer may not sell or offer for sale architectural paint to any person in this state unless the producer is participating in an approved statewide architectural paint stewardship program organized by a stewardship organization. A retailer is in compliance wit…

(1) A stewardship organization must submit a plan for a statewide architectural paint stewardship program to the Director of the Department of Environmental Quality for approval under ORS 459A.832. The plan must address the requirements set forth in subsections (2) and (4) of thi…

(1) The convenient system for the collection of post-consumer architectural paint required under ORS 459A.827 (2) must ensure that: (a) One permanent collection site exists for every 30,000 residents in this state. (b) Ninety-five percent of the residents in this state are within…

(1) The Director of the Department of Environmental Quality shall approve, deny or request additional information on a new or updated plan or a plan amendment no later than 60 days after the date the director receives the plan or amendment from the stewardship organization. (2) I…

(1) A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 if, at any time: (a) The stewardship organization makes a change to …

If a stewardship organization makes any of the changes described in this section to an architectural paint stewardship program as provided for in a plan approved by the Director of the Department of Environmental Quality under ORS 459A.832, the organization shall notify the direc…

(1) It is the intent of this section that a stewardship organization operating an architectural paint stewardship program pursuant to ORS 459A.820 to 459A.855, approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is gran…

(1) No later than April 1 of each year, a stewardship organization must submit an annual report to the Director of the Department of Environmental Quality describing the operation during the prior calendar year of an architectural paint stewardship program approved by the directo…

No later than June 1 of each year, the Director of the Department of Environmental Quality shall publish an estimate of the total volume, in gallons, of post-consumer architectural paint collected in each wasteshed or metropolitan service district as part of an architectural pain…

(1)(a) Except for the financial, cost, production or sales data and records specified in paragraph (b) of this subsection, the Department of Environmental Quality may not disclose any financial, cost, production or sales data and records of a stewardship organization, or of a spe…

(1) In accordance with the applicable provisions of ORS chapter 183 relating to contested case proceedings, the Department of Environmental Quality may issue an order requiring compliance with the provisions of ORS 459A.820 to 459A.855. (2) The department may bring an action agai…

(1) The Department of Environmental Quality shall charge the following fees to be paid by a stewardship organization for administering ORS 459A.820 to 459A.855: (a) $10,000 when the plan or updated plan specified in ORS 459A.827 is submitted to the Director of the Department of E…

The Product Stewardship Fund is established, separate and distinct from the General Fund. Fees collected by the Department of Environmental Quality under ORS 459A.852 shall be deposited in the State Treasury to the credit of the Product Stewardship Fund. Interest earned by the Pr…

The Legislative Assembly finds and declares that: (1) Oregon’s statewide recovery rate, which seeks to preserve public health, safety and welfare and conserve energy and natural resources, has declined each year between 2013 and 2018, and that Oregon is not on track to meet the s…

As used in ORS 459A.860 to 459A.975: (1) “Brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trademark, that identifies a product and distinguishes the product from other products. (2) “…

For purposes of ORS 459A.860 to 459A.975, the producer of a covered product shall be determined as follows: (1)(a) For items sold in packaging at a physical retail location in this state: (A) If the item is sold in packaging under the manufacturer’s own brand or is sold in packag…

(1) Except as provided in subsection (4) of this section and ORS 459A.872, each producer must register with and be a member of a producer responsibility organization that administers a producer responsibility program. (2) A producer is required to pay an annual membership fee to …

(1) A small producer is exempt from the requirement to be a member of a producer responsibility organization under ORS 459A.869. (2) The Environmental Quality Commission may adopt rules to exempt from the requirements of ORS 459A.869 producers that do not exceed a minimum market …

(1) A producer responsibility organization shall submit to the Department of Environmental Quality, in a form and manner prescribed by the department, a plan for the development and implementation of a producer responsibility program. (2) Using objective and measurable criteria w…

(1)(a) The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 or an amendment to a plan submitted under ORS 459A.881 no later than 120 days after the date on which the department receives the plan or plan amend…

(1) A producer responsibility organization shall submit an amendment to a producer responsibility program plan: (a) When proposing to change an approved producer responsibility program plan as it relates to the producer responsibility organization’s obligations: (A) Under ORS 459…

(1) A producer responsibility organization shall establish a schedule of membership fees to be paid by members of the organization. Membership fees established pursuant to this section must be sufficient to meet the financial obligations of the organization under ORS 459A.860 to …

(1) No later than July 1 of each year, a producer responsibility organization must submit to the Department of Environmental Quality for approval by the department an annual report on the development, implementation and operation of the producer responsibility program. The annual…

(1) A producer responsibility organization shall, upon request, fund in advance or reimburse, as appropriate, the eligible expenses of a local government or the local government’s service provider for eligible costs as provided in this section. (2)(a) The costs of transporting co…

(1) A producer responsibility organization, in consultation with the Oregon Recycling System Advisory Council, shall develop educational resources and promotional campaigns to promote the uniform statewide collection list. Resources and campaigns developed under this section must…

(1) A producer responsibility organization must provide for the collection and responsible recycling of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b), in a way that meets collection targets, convenience standards and performance sta…

(1) The Oregon Recycling System Advisory Council is established. (2) The council consists of 19 members appointed as follows: (a) The President of the Senate shall appoint one member from among the members of the Senate, and the Speaker of the House of Representatives shall appoi…

(1) The Oregon Recycling System Advisory Council shall: (a) Review activities related to ORS 459A.860 to 459A.975; (b) Advise the Department of Environmental Quality and producer responsibility organizations on issues related to the implementation of ORS 459A.860 to 459A.975; (c)…

(1) As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility…

A local government shall ensure that roll carts, bins and containers purchased by the local government’s service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer…

A local government providing the opportunity to recycle must, for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties: (1) Ensure adequate space for collection. (2) Demonstrate a plan to ensure adequate space and acc…

(1) The Environmental Quality Commission, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall by rule identify materials that are suitable for recycling collection in this state and the methods for collection of those…

(1) The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials. (2) In determining whether a covered product is a sp…

(1) The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposi…

(1) As used in this section: (a) “Anticipated program cost” means all additional costs related to any new requirements of ORS 459A.860 to 459A.975 that are anticipated prior to the next review of the processor commodity risk fee under subsection (6) of this section. (b) “Average …

(1) As used in this section: (a) “Plastic” means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid and other similar polymers. (b) “Plastic” does not include materials commonly referred to as rubber or materials that are n…

(1) The Department of Environmental Quality shall: (a) Establish statewide recycling contamination reduction goals. (b) Evaluate the relative cost-effectiveness of different educational programs and other methods for reducing contamination. (c) Establish and maintain a list of ap…

(1) The Department of Environmental Quality, in consultation with local governments and the Oregon Recycling System Advisory Council, shall conduct a study of equity in Oregon’s recycling system to determine conditions and make recommendations, including goals to achieve continuo…

(1) The Department of Environmental Quality, in consultation with the Oregon Recycling System Advisory Council, shall conduct a statewide needs assessment to determine the challenges facing residents of multifamily housing and make recommendations for improvements to allow for ef…

(1) The Environmental Quality Commission shall establish the following fees: (a) A fixed, one-time fee for reviewing a producer responsibility program plan submitted under ORS 459A.875. (b)(A) Subject to subparagraph (B) of this paragraph, an annual fee charged to each producer r…

(1) As used in this section, “public body” has the meaning given that term in ORS 174.109. (2) The Department of Environmental Quality shall establish a program to reduce the environmental impacts of covered products through means other than waste recovery, including waste preven…

The Environmental Quality Commission shall establish by rule standards for the evaluation and disclosure of the environmental impacts of covered products through the life cycle of the products. Rules adopted under this section must: (1) Establish procedures and requirements to be…

The Producer Responsibility Fund is established, separate and distinct from the General Fund. The Producer Responsibility Fund consists of moneys deposited into the fund under ORS 459A.938 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys …

The Waste Prevention and Reuse Fund is established, separate and distinct from the General Fund. The Waste Prevention and Reuse Fund consists of moneys deposited into the fund under ORS 459A.941 and moneys transferred or appropriated to the fund by the Legislative Assembly. All m…

(1) On or after the date established by the Environmental Quality Commission under subsection (3) of this section, a person may not establish or operate a commingled recycling processing facility in this state unless the person obtains a disposal site permit issued by the Departm…

(1) The Department of Environmental Quality shall establish a program or approve a program established by a third party to certify commingled recycling processing facilities located outside of Oregon. The department may issue certificates under the program or develop a list of ap…

(1) The Department of Environmental Quality shall establish forms and procedures for commingled recycling processing and recycling reload facilities to evaluate and describe levels of inbound contamination. (2) Information described in subsection (1) of this section shall be prov…

(1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of ORS 459A.860 to 459A.975 or rules adop…

(1) A person that operates or controls a collection program for yard debris or food waste or that operates or controls a compost facility may not promote for acceptance any material that cannot or will not be effectively composted. (2) The Department of Environmental Quality, or …

The Legislative Assembly declares that the collaboration of producers through producer responsibility organizations to develop and implement producer responsibility program plans is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that …