justicedao/ipfs_state_laws huggingface dataset:
340-098-0235 Electronics Producer Responsibility Organization Fees (1) Each electronics producer responsibility organization must pay the fees in this rule to DEQ. (2) Plan review fee. (a) The plan review fee for an initial plan submitted by an electronics producer responsibility organization is $75,000. (b) An electronics producer responsibility organization must pay the plan review fee before submitting its initial plan for an electronics producer responsibility program. (3) Annual fee. (a) For 2026 and for each year thereafter, the annual fee is $315,000. (b) Each electronics producer responsibility organization with an approved plan to operate an electronics producer responsibility program in the year to which the annual fee applies must pay an equal share of the total annual fee. (c) DEQ may reduce the annual fee for a given year to ensure fee revenue approximately matches DEQ’s projected costs for that year. (d) An electronics producer responsibility organization must pay DEQ the annual fee by June 1 of each year, beginning with June 1, 2026. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.334 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0250 Fair Financial Compensation (1) In offering compensation to collection sites, an electronics producer responsibility organization shall review the costs of collecting, storing, managing and transporting covered electronic devices across a range of Oregon collection sites, where such information is available to the electronics producer responsibility organization. (2) An electronics producer responsibility organization or coordinating body must cooperate with, and provide any information requested by, DEQ on whether an electronics producer responsibility organization has provided fair financial compensation to collection sites. Such information includes compensation rates offered to a collection site or a prospective collection site. (3) As part of administering ORS 459A.305 to 459A.355, DEQ may conduct a study in 2028, and periodically thereafter on collection site compensation offered by electronics producer responsibility organizations. (a) The study may include, but is not limited to, evaluations of: (A) The real costs of collection sites in urban and in rural areas in Oregon in collecting, storing, managing and transporting covered electronic devices, including labor, packing, storage, and security costs, and ways to manage costs across these functions; (B) Compensation rates offered to a collection site and to a potential collection site; (C) Trends in collection costs and collection site compensation in Oregon; (D) Alternative forms of compensation to compensation on a price-per-pound basis, such as a baseline fee for participation as a collection site, with price-per-pound compensation for pounds collected above a minimum threshold; and (E) How changes in compensation may impact convenience. (b) An electronics producer responsibility organization or coordinating body must cooperate with and provide any information requested by DEQ to conduct the study. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.320 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0255 Annual Reports (1) Unless directed otherwise by DEQ, an electronics producer responsibility organization must submit an annual report on the activities of its electronics producer responsibility program in a given calendar year by March 1 of the following year. (2) An electronics producer responsibility organization must provide in its annual report information required by DEQ to evaluate whether the electronics producer responsibility organization implemented its electronics producer responsibility program in accordance with the electronics producer responsibility organization’s approved program plan and with ORS 459A.305 to 459A.355. Such information may include information on coordination if multiple program plans are approved, public awareness, program financing, environmentally sound management practices, fair financial compensation to collection sites, and measurement and achievement of goals, including but not limited to: (a) The reporting of the total weight of each type of covered electronic device, including peripherals, by product categories; (b) How the electronics producer responsibility organization provided environmentally sound management practices during the program year as required by OAR 340-098-0245, including (A) A summary of any safety or security problems that occurred during the collection, transportation or disposal of covered electronic devices, such as fires that may have been resulted from managing covered electronic devices under a producer responsibility program at collection sites, processors, and other service providers and downstream vendors, and the actual or potential future resolutions of those problems; and (B) A list of collection sites and processors that the electronics producer responsibility organization conducted in-person site visits of or provided technical assistance to during the program year. (c) Whether the electronics producer responsibility organization achieved program goals and possible reasons for why the electronics producer responsibility organization fell short of a goal and actions to remedy shortfalls or achieve the goal. (d) Whether the electronics producer responsibility organization implemented or provided compensation informed by recommendations or results of collection site compensation studies conducted under OAR 340-098-0250. (3) An electronics producer responsibility organization may count pounds of covered electronic devices collected by a collection site through premium services towards the electronics producer responsibility organization’s collection goals. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.320 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0260 Coordinating Body (1) DEQ may require a prospective coordinating body to submit a letter of intent and information to help DEQ evaluate the prospective coordinating body’s ability to serve as a coordinating body. (2) If electronics producer responsibility organizations with approved plans are unable to designate a coordinating body in accordance with the timeline set by DEQ, DEQ may designate a coordinating body that DEQ determines will be in the best interest of the electronics producer responsibility programs. A prospective coordinating body must provide any information DEQ needs to make its decision. (3) DEQ may direct a coordinating body to conduct any coordination between electronics producer responsibility organizations for the implementation of electronics producer responsibility programs pursuant to ORS 459A.305 to 459A.355, including coordination related to: (a) Public education and outreach activities to advertise and promote, on a regular basis, recycling of covered electronic devices and collection opportunities statewide; (b) Program goals, including collection goals and public awareness goals; or (c) The conducting of surveys or other measurements of public awareness about the electronics producer responsibility programs and electronics recycling opportunities. (d) The reconciliation of financial obligations between all electronics producer responsibility organizations based on manufacturer obligations of the manufacturers participating in the electronics producer responsibility organizations. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.323 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0265 Product Categories Beginning in 2026, the product categories for purposes of sorting covered electronic devices at collection and calculating market share are: (1) Category 1 includes desktop computers, portable computers, and small-scale servers; (2) Category 2 includes printers, scanners, and fax machines; (3) Category 3 includes monitors and televisions; (4) Category 4 includes portable digital music players, digital video disc players, digital video disc recorders, videocassette recorders, video game consoles, digital converter boxes, cable receivers, satellite receivers, routers, and modems; and (5) Category 5 includes peripherals. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.305 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0270 Manufacturer Obligation Calculation (1) A coordinating body, or an electronics producer responsibility organization if a coordinating body is not designated, must annually calculate each manufacturer’s manufacturer obligation by: (a) Multiplying the manufacturer’s market share for each product category by the product category’s percentage of the total weight of all covered electronic devices recycled during the previous year; and (b) Adding the percentages calculated under subparagraph (a) of this section. (2) In calculating a product category’s percentage of the total weight of covered electronic devices recycled during the previous year for subparagraph 1(a) of this rule, an electronics producer responsibility organization or coordinating body shall use the total weight of covered electronic devices recycled in an electronics producer responsibility program during the previous year. For 2026, where covered electronic devices are not eligible for recycling by an electronics producer responsibility program in 2025, an electronics producer responsibility organization or coordinating body may use national data, consumer research, sampling, or any other similar data from 2025 to apportion the costs of the program or programs among all manufacturers, and to reconcile such apportionment against manufacturer obligations in subsequent years. Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345 Statutes/Other Implemented: ORS 459A.305 & 459A.323 History: DEQ 1-2025, adopt filed 01/09/2025, effective 01/09/2025
340-098-0300 Requirements for a Drug Take-Back Program Plan and Updated Plan (1) DEQ may require a proposed drug take-back program plan and updated program plan submitted under ORS 459A.209 to include the Oregon Board of Pharmacy registration number issued for each covered manufacturer participating in the proposed drug take-back program, or a statement that the manufacturer is not required to register with the Oregon Board of Pharmacy. (2) For purposes of ORS 459A.209(4), reasonably convenient and equitable access to all residents includes access for minority, lower-income, rural and other historically underserved communities. (3) A proposed drug take-back program plan and updated program plan submitted under ORS 459A.209 must include a goal for fostering public awareness in minority, lower-income, rural and other historically underserved communities. Statutory/Other Authority: HB 3273 (2019), ORS 468.020, ORS 468.065, ORS 459A.266 & HB3273 (2019) Statutes/Other Implemented: HB 3273 (2019), ORS 459A.203, ORS 459A.209, ORS 459A.212, ORS 459A.215, ORS 459A.218, ORS 459A.239, ORS 459A.242 & HB3273 (2019) History: DEQ 18-2020, adopt filed 09/21/2020, effective 09/21/2020
340-098-0350 Services and Collection Events in Place of a Required Drop-Off Site In determining whether to grant a waiver under ORS 459A.209(3), or to approve additional services and collection events in place of a drop-off site under ORS 459A.218(3), DEQ will consider whether the program operator has demonstrated: (1) Good faith efforts to solicit and enter into agreements with potential authorized collectors in the affected county or population center for which a waiver or DEQ approval is sought, such as through outreach to identify, contact and engage with potential authorized collectors; (2) Why a drop-off site cannot established or maintained in the affected county or population center, including an explanation of any conditions for participation on which the program operator or any potential authorized collector could not agree; (3) How the proposed services and, as applicable, collection events will provide reasonably convenient and equitable access to all residents in the affected county or population center, and engagement with minority, lower-income, rural and other historically underserved communities to help ensure this; (4) Concurrence by the appropriate local governments in the affected population center or county with the proposed services and, as applicable, collection events, or an explanation of why the program operator could not obtain such concurrence despite good faith efforts; (5) Commitment to solicit potential authorized collectors for the affected county or population center on at least an annual basis. Statutory/Other Authority: ORS 468.020, ORS 468.065, ORS 459A.266 & HB 3273 (2019) Statutes/Other Implemented: ORS 459A.203, ORS 459A.209, ORS 459A, ORS 459A.212, ORS 459A.215, ORS 459A.218, ORS 459A.239, ORS 459A.242 & HB 3273 (2019) History: DEQ 18-2020, adopt filed 09/21/2020, effective 09/21/2020
340-098-0370 Delegation of Authority DEQ, on behalf of the Environmental Quality Commission, may undertake any action ORS 459A.239 authorizes. Statutory/Other Authority: ORS 468.020, ORS 468.065, ORS 459A.266 & HB 3273 (2019) Statutes/Other Implemented: ORS 459A.203, ORS 459A.209, ORS 459A.212, ORS 459A.215, ORS 459A.218, ORS 459A.239, ORS 459A.242 & HB 3273 (2019) History: DEQ 18-2020, adopt filed 09/21/2020, effective 09/21/2020
340-098-0390 Fees (1) Each program operator must pay the fees in this rule to DEQ. (2) Plan review fee. (a) The plan review fee is $75,000. (b) A program operator must pay the plan review fee for each plan it submits under ORS 459A.209(1). (3) Annual fee. (a) Amount of annual fee. (A) For fiscal year beginning July 1, 2021, the annual fee is $345,000. (B) For fiscal year beginning July 1, 2022, the annual fee is $210,000. (C) For fiscal year beginning July 1, 2023, and for subsequent fiscal years, the annual fee is $125,000. (D) If multiple drug take-back programs operate in a fiscal year, each drug take-back program must pay an equal share of the total annual fee for that year. (E) If the revenue collected from the plan review fee and annual fee exceeds DEQ’s actual costs for the program in a given fiscal year, DEQ will reduce the annual fee by the excess amount in a subsequent year or years. (F) DEQ may reduce the annual fee for a given fiscal year to ensure fee revenue approximately matches DEQ’s projected costs for that year. (b) Program operators must pay the annual fee according to the schedule below: (A) For fiscal year beginning July 1, 2021, payment is due August 1, 2021. (B) For fiscal year beginning July 1, 2022, and for subsequent fiscal years, DEQ will notify each program operator of the program’s annual fee by October 1. Payment is due not later than 30 days after the date DEQ mails the notice. (4) Hourly fee. The hourly fee is to cover any other work that DEQ determines is necessary on behalf of a drug take-back program. (a) The hourly fee will not exceed $250 per hour. (b) DEQ will calculate the hourly fee to reasonably reflect DEQ’s expenses for the work performed. (c) DEQ will invoice each program operator quarterly for any hourly fee work associated with that operator’s drug take-back program. The invoice will briefly describe the work performed and the cost for that work. Payment is due not later than 30 days after the date DEQ mails the invoice. (5) Reporting. Each fiscal year DEQ will report its current and projected program expenditures and revenue. Statutory/Other Authority: ORS 468.020, ORS 468.065, ORS 459A.266 & HB 3273 (2019) Statutes/Other Implemented: ORS 459A.203, ORS 459A.209, ORS 459A.212, ORS 459A.215, ORS 459A.218, ORS 459A.239, ORS 459A.242 & HB 3273 (2019) History: DEQ 18-2020, adopt filed 09/21/2020, effective 09/21/2020
340-098-0400 Annual Fee The stewardship organization will pay DEQ an annual fee as follows: (1) The annual fee due on July 1, 2024, is $205,000. (2) The annual fee due on July 1, 2025, and in subsequent years, is $200,000. (3) Beginning July 1, 2026, DEQ may reduce the fee in a given year if a lesser amount is adequate to cover program costs for that year. Statutory/Other Authority: Section 9(3) of SB 1576 (2022) Statutes/Other Implemented: SB 1576 (2022) History: DEQ 8-2023, adopt filed 07/20/2023, effective 07/21/2023
340-098-0420 Delegation of Authority to Determine Additional Reporting Requirements Under Section 6(5)(a)(B) of SB 1576 (2022), DEQ may require a stewardship organization to meet additional reporting requirements that DEQ determines by order that may be appropriate to avoid future violations. Statutory/Other Authority: Section 6(5)(a)(B) of SB 1576 (2022) Statutes/Other Implemented: SB 1576 (2022) History: DEQ 8-2023, adopt filed 07/20/2023, effective 07/21/2023
340-098-0440 Stewardship Organization Submissions (1) Goals (a) For purposes of the mattress stewardship program, reuse has the meaning provided by ORS 459.005(24). (b) In establishing performance goals pursuant to Section 4(1)(g) of SB 1576 (2022), a stewardship organization must: (A) Establish annual goals; and (B) Account for reuse when setting the recycling rate goal. (c) When evaluating methods and processes used to achieve goals related to the recycling rate in an annual report, a stewardship organization must report on the number of mattresses directed for reuse. (2) Collection by Site or Event : If a stewardship organization notifies DEQ of a change to collection sites or events, or requests alternative methods for providing convenient service, DEQ may require a stewardship organization to provide information including: (a) The number or tonnage of program mattresses collected by a collection site or event; and (b) The number or tonnage of program mattresses collected for recycling by a collection site or event. (3) Studies and Additional Reports (a) No later than 90 days before undertaking the study required in section 9(4)(a) of SB 1576 (2022) or activities that will inform the reports required in section 9(4)(b) of SB 1576 (2022), a stewardship organization must submit a description of proposed activities with scope, processes, outcomes and timelines for DEQ’s review and comment. (b) A stewardship organization must provide a response to DEQ’s comments, that explains why comments were or were not incorporated. A stewardship organization must respond to comments within 30 days of when comments were sent, unless otherwise specified by DEQ. Statutory/Other Authority: Section 9(2) of SB 1576 (2022) & ORS459.005 Statutes/Other Implemented: SB 1576 (2022) History: DEQ 8-2023, adopt filed 07/20/2023, effective 07/21/2023
340-098-0460 Notification of Changes In addition to the notifications required by Section 7(3) of SB 1576, a stewardship organization will notify DEQ no less than once per month, of the following changes to an approved plan: (1) A change in the retailers that are registered with a stewardship organization; or (2) A change in the facilities managing discarded mattresses for reuse, as part of the mattress stewardship program. Statutory/Other Authority: Section 7(3) of SB 1576 (2022) & ORS 459.005 Statutes/Other Implemented: SB 1576 (2022) History: DEQ 8-2023, adopt filed 07/20/2023, effective 07/21/2023
340-098-0480 Website Information (1) A stewardship organization must make any changes to required information on the stewardship organization’s website within three business days of the stewardship organization learning of the change. If the stewardship organization is unable to do so, the stewardship organization must notify DEQ in writing and include a timeframe by which the update will occur. (2) A stewardship organization must request information from each collection site or event operator to provide on the stewardship organization’s website, including: (a) The physical address of each collection site or event; (b) A phone number for each collection site or event; (c) The hours of operation for each collection site or event; and (d) Physical or language accessibility considerations at a collection site or event. Statutory/Other Authority: Section 3(4) of SB 1576 (2022) Statutes/Other Implemented: SB 1576 (2022) History: DEQ 8-2023, adopt filed 07/20/2023, effective 07/21/2023
340-100-0001 Purpose and Scope (1) The Department of Environmental Quality finds that increasing quantities of hazardous waste are being generated in Oregon. That waste, without adequate safeguards, can create conditions that threaten public health and the environment. It is therefore in the public interest to establish a comprehensive program to provide for safely managing this waste. (2) The purpose of the management program in OAR chapter 340 divisions 100 to 110, 120, 124 and 142 is to control hazardous waste from the time of generation through transportation, storage, treatment and disposal. Toxics use reduction, hazardous waste reduction, hazardous waste minimization, beneficial use, recycling and treatment are preferred over land disposal. To this end, the Department intends to minimize the number of disposal sites and to tightly control their operation. (3) OAR chapter 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142 incorporate by reference, hazardous waste management regulations of the federal program, included in 40 C.F.R. Parts 260 to 268, 270, 273 and Subpart A and Subpart B of Part 124, into Oregon Administrative Rules. Therefore, a person must consult these parts of 40 C.F.R. in addition to OAR chapter 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142, to determine all applicable hazardous waste management requirements. (4) A secondary purpose of this program is to obtain EPA Final Authorization to manage hazardous waste in Oregon in lieu of the federal program. Statutory/Other Authority: ORS 466.020, 466.075, 466.105, 466.195 & 468.020 Statutes/Other Implemented: ORS 466.010, 466.035 & 465.006 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 13-2002, f. & cert. ef. 10-9-02 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 11-1998, f. & cert. ef. 6-26-98 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-100-0004 Table of Contents, Divisions 100 to 120 The following Divisions including the incorporation of regulations in 40 C.F.R. Parts 260 to 268, 270 and 124, comprise the Oregon hazardous waste management program: DIVISION — SUBJECT: 100 — Hazardous Waste Management System: General. 101 — Identification and Listing of Hazardous Waste. 102 — Standards Applicable to Generators of Hazardous Waste. 103 — Standards Applicable to Transporters of Hazardous Waste. 104 — Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities. 105 — Management Facility Permits. 106 — Permitting Procedures. 109 — Management of Pesticide Wastes. 110 — Polychlorinated Biphenyls (PCBs). 120 — Additional Siting and Permitting Requirements for Hazardous Waste and PCB Treatment and Disposal Facilities. 124 — Standards Applicable to Dry Cleaning Facilities and Dry Stores. 142 — Oil and Hazardous Materials Emergency Response Requirements. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.020, 466.075, 466.105 & 466.195 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 13-2002, f. & cert. ef. 10-9-02 DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85