Title 36A, Housing; Lottery and Games; Environment

(1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that…

(1) The Department of Environmental Quality shall establish the following fees for the purpose of paying the costs of administering ORS 459A.200 to 459A.266: (a) A one-time fee for reviewing a drug take-back program plan submitted under ORS 459A.209. (b) An annual fee for expense…

(1) The Secure Drug Take-Back Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Qua…

An authorized collector, covered manufacturer, drug take-back organization, drug take-back program and program operator may not be held criminally or civilly liable for any function, duty or power performed for the purpose of complying with ORS 459A.200 to 459A.266, unless the fu…

The Legislative Assembly declares that program operators providing covered entities with drug take-back program services, including the safe and secure collection, transportation and disposal of covered drugs, is in the best interests of the public. Therefore, the Legislative Ass…

Any proprietary information or any financial, manufacturing or sales information or data that the Department of Environmental Quality receives from a covered manufacturer or drug take-back organization under ORS 459A.200 to 459A.266 is confidential and not subject to public discl…

The provisions of the Uniform Controlled Substances Act do not apply to a program operator or authorized collector, insofar as the program operator is collecting, transporting and disposing of covered drugs pursuant to ORS 459A.200 to 459A.266. [2019 c.659 §20] Note: See note und…

Except as expressly authorized by state law, ORS 459A.200 to 459A.266 supersede and preempt any ordinance or other regulation enacted before, on or after September 29, 2019, by the governing body of a city, county or other political subdivision of this state that establishes or r…

The Department of Environmental Quality may enter into agreements with other state agencies for purposes including covering costs incurred in the administration of ORS 459A.200 to 459A.266. [2019 c.659 §22] Note: See note under 459A.200.

The Environmental Quality Commission shall adopt any rules necessary for the effective administration of ORS 459A.200 to 459A.266. Upon request, the State Board of Pharmacy shall assist the commission in adopting rules under this section. [2019 c.659 §23] Note: See note under 459…

The Legislative Assembly finds that: (1) It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally toxic; (2) The development and availability of a statewide system that conveniently serves both urban …

As used in ORS 459A.305 to 459A.355: (1) “Brand” means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer. (2) “Collector” means an entity that collec…

(1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007. (2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices. (3) A manufacturer may not sell or off…

Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the Department of Environmental Quality, for a period to cover the upcoming calendar year, on a form provided by the department. The registration…

(1) In the form and manner prescribed by the Department of Environmental Quality, an electronics producer responsibility organization must annually submit to the department a plan for implementing an electronics producer responsibility program. (2) The electronics producer respon…

(1) The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS 459A.320. (2) Not later than 60 days after receiving a plan under…

(1) If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented: (a) The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all ele…

(1) An electronics producer responsibility organization, or the coordinating body if one is designated under ORS 459A.323, shall consult with the department to develop educational resources and public awareness activities to advertise and promote, on a regular basis, recycling of…

(1) Except as authorized in subsection (2) of this section, an electronics producer responsibility program or a collector participating in an electronics producer responsibility program may not charge a fee to covered entities for the collection, transportation or recycling of co…

(1) The Department of Environmental Quality may require a manufacturer or an electronics producer responsibility organization to submit information to the department to evaluate compliance with ORS 459A.305 to 459A.355. A manufacturer or electronics producer responsibility organi…

(1) The Environmental Quality Commission shall establish by rule an annual fee, which must be reasonably calculated to cover the costs to the Department of Environmental Quality of implementing, administering and enforcing ORS 459A.305 to 459A.355. (2) The commission shall establ…

(1) A retailer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery into this state unless: (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; (b) The brand is inc…

The Department of Environmental Quality shall: (1) Maintain and make publicly available: (a) A list of registered manufacturers and their brands; (b) A list of brands for which no manufacturer has registered; (c) A list that identifies which manufacturers are in compliance with O…

The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. [2007 c.302 §11] Note: See note under 459A.300.

Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the Covered Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12] Note: See note under 459A.300.

The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered elec…

The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only …

(1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices. (2) If the department determines that the federal law substantially meets or exceeds the requirements and intent …

ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. [2007 c.302 §14a] Note: See note under 459A.300. SPECIFIC RECYCLING REQUIREMENTS (State Agencies)

The Legislative Assembly finds and declares that: (1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. (2) The volume of sol…

(1) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative …

(1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that: (a) Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused. (b) Establish a system …

(1) The Oregon Department of Administrative Services shall encourage paper conservation. (2) The department shall provide guidelines to state agencies and contractors on the availability of recycled paper and paper products, including the sources of supply and the potential uses …

As used in ORS 459A.500 to 459A.520: (1) “Consumer of newsprint” means a person who uses newsprint in a commercial or government printing or publishing operation. (2) “Newsprint” means paper that meets the specifications for Standard Newsprint Paper and Roto Newsprint Paper as se…

Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the consumer of newsprint is composed of post-consumer waste paper, if: (1) Recycled-content newsprint is available at the same or lower wei…

Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to each consumer of newsprint. If a shipment contains no post-consumer waste paper, the supplier shall so report. [1991 c.38…

No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous calendar year: (1) The amount of newsprint used in short tons; (2) The amount of recycled-content newsprint used in s…

(1) Every directory publisher shall ensure that directories distributed in Oregon: (a) Have a minimum recycled content of at least 25 percent by weight, with no less than 15 percent of the total weight consisting of post-consumer waste, if: (A) The recycled-content paper is avail…

(1) On or before February 28 each year, every glass container manufacturer shall report to the Department of Environmental Quality, in accordance with a method established by the department, the total amount, in tons, of new glass food, drink and beverage containers made in Orego…

It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be at least 70 percent. [1993 c.527 §2; 2005 c.22 §337] Note: 459A.552 to 459A.599 were enacted into law by the Legislative Assembly but were not added to o…

After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in Oregon as follows: (1) First, to reduce the amount of used oil generated; (2) Second, to reuse oil by rerefin…

As used in ORS 459A.552 to 459A.599 unless the context requires otherwise: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Recycle” means to prepare used oil for reuse as a petroleum product by refi…

The Legislative Assembly finds that: (1) Millions of gallons of used oil are generated each year in the state; (2) Used oil is a valuable petroleum resource which can be recycled; and (3) In spite of this potential for recycling, significant quantities of used oil are wastefully …

The Legislative Assembly declares that used oil shall be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural …

The Department of Environmental Quality shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the department shall: (1)…

The Environmental Quality Commission shall adopt rules, in accordance with the provisions of ORS 468.020, requiring sellers of more than 500 gallons of lubrication or other oil annually, in containers for use off the premises, to post and maintain at or near the point of sale dur…