Title 36A, Housing; Lottery and Games; Environment

As used in ORS 459A.150 to 459A.189: (1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of the mattress. (2) “Consumer” means a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state. (3) “Discard…

(1) Except as provided in subsection (3) of this section, a producer, renovator or retailer may not sell or offer for sale any mattress to any person in this state unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the…

(1) In a form and manner prescribed by the Department of Environmental Quality, a stewardship organization shall submit to the department a plan for the development and implementation of a mattress stewardship program. The plan must: (a) Describe how the stewardship organization …

(1)(a) A plan submitted under ORS 459A.159 must provide for convenient service through, at a minimum: (A) Providing for at least one permanent collection site in every county with a population of 10,000 people or more and an additional 25 collection sites distributed throughout t…

(1) The Department of Environmental Quality shall approve, reject or request additional information for a plan submitted under ORS 459A.159 or an amendment to a plan submitted under ORS 459A.168 no later than 90 days after the date the department receives the plan or plan amendme…

(1) A stewardship organization shall submit to the Department of Environmental Quality for approval an amendment to a plan that has been approved by the department under ORS 459A.165 if, at any time: (a) There is a substantial or material change, as provided for under ORS 459A.15…

(1)(a) A plan submitted under ORS 459A.159 and approved by the Department of Environmental Quality under ORS 459A.165 is valid for five years. (b) At least 180 days before the expiration of a plan approved under ORS 459A.165, the stewardship organization shall submit the plan to …

(1) A stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165 shall, no later than July 1 of each year, submit for review and approval to the department: (a) The annual repor…

(1)(a) The Director of the Department of Environmental Quality shall appoint a mattress stewardship program advisory committee of not more than 10 members representing the interests of the following entities in the stewardship of discarded mattresses: (A) Local governments; (B) T…

(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.150 to 459A.189. (2) A stewar…

The Mattress Stewardship Fund is established, separate and distinct from the General Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and…

(1) The Legislative Assembly declares that the collaboration of producers and stewardship organizations to develop and implement mattress stewardship programs is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that the establishment, a…

The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.150 to 459A.189. [2022 c.102 §14] Note: See note under 459A.150. DRUG TAKE-BACK PROGRAM

As used in ORS 459A.200 to 459A.266: (1) “Analogous product” means: (a) With regard to a virus, a product prepared from or with a virus or agent that is actually or potentially infectious, regardless of the degree of virulence or toxigenicity of the specific virus strain used. (b…

(1) Except as provided in subsection (2) of this section, each covered manufacturer shall participate in a drug take-back program that complies with the requirements of ORS 459A.200 to 459A.266. A covered manufacturer may participate in a drug take-back program independently, as …

A manufacturer that becomes a covered manufacturer after January 1, 2020, shall, not more than six months after the date on which the manufacturer becomes a covered manufacturer, participate in a drug take-back program in compliance with ORS 459A.203. [2019 c.659 §26(3)] Note: 45…

A program operator of a drug take-back program must be organized as an entity that is exempt from income taxes under section 501(c)(3) of the Internal Revenue Code, as amended and in effect on September 29, 2019. [2019 c.659 §3] Note: See note under 459A.200.

(1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department a plan for participating in a drug take-back program. The department shall approve a proposed drug take-back program plan if the program operator submi…

(1) In a form and manner prescribed by the Department of Environmental Quality, except as provided in subsection (3) of this section, a program operator must request preapproval from the department for any change to a drug take-back program that substantively alters the drug take…

(1) Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must: (a) Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and (b) Enter into agreements with al…

(1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis. (2) For purposes of a drug take-back program: (a) A drop-off site must be available for use during the normal business hours of the…

If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted: (1) In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Depart…

Covered drugs must be disposed of: (1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019; (2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or (3) At a h…

(1) A program operator must promote, and provide public outreach and education about, the safe and secure collection of covered drugs under the drug take-back program through the use of a website and written materials provided at the time a covered drug is delivered to a covered …

(1) In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department an annual report on the development, implementation and operation of the drug take-back program that includes: (a) A list of covered manufacturers part…

Each covered manufacturer or group of covered manufacturers must pay all costs associated with participating in a drug take-back program. A program operator or authorized collector may not impose a charge, including any charge imposed at the time that a covered drug is sold to or…

The Department of Environmental Quality shall ensure compliance with ORS 459A.200 to 459A.266 by: (1) Entering into an agreement with the State Board of Pharmacy whereby the board, during routine inspections of retail drug outlets: (a) Inspects drop-off sites located at retail dr…

(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…