340-090-0410 Responsibilities of a Container Manufacturer (1)(a) A container manufacturer must be able to document that a rigid plastic container or containers comply with the requirements of OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B); (b) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, a container manufacturer is not required to keep the records otherwise required by this rule. (2) A container manufacturer's documentation that a rigid plastic container or containers comply with the provisions of OAR 340-090-0350(1)(a), (1)(b)(A) or (1)(b)(B) must include, at a minimum, the following information: (a) Recycled content. For each container that complies with OAR 340-090-0350(1)(a): (A) A description of the container including its resin type; (B) Documentation of the recycled content of the type of container including: (i) The total weight of plastic used to manufacture that type of rigid plastic container during the time period when the container was made; and (ii) The weight of recycled material used to manufacture that type of rigid plastic container during the same time period, within a one-year period, as determined by the container manufacturer. (b) Aggregate recycling rate. The aggregate recycling rate for compliance purposes DEQ establishes serves as the only acceptable documentation that a container manufacturer's containers comply with OAR 340-090-0350(1)(b)(A); (c) Specified-type recycling rate. For containers that comply with the specified-type recycling rate requirement, OAR 340-090-0350(1)(b)(B): (A) A description of the container; (B) Identification of the specified type; (C) Documentation of the recycling rate for the type of container pursuant to OAR 340-090-0380(4); and (D) Where DEQ has calculated a recycling rate for a specified type of container, the container manufacturer may rely upon DEQ’s rate to show that the container complies with the rate requirements. (3) Container manufacturer's Certificate of Compliance: (a) A container manufacturer must make a Certificate of Compliance available to: (A) Any product manufacturer who uses containers from that container manufacturer and makes products in those containers available for sale in Oregon; and (B) DEQ, upon request, only if not otherwise available from the product manufacturer. (b) A container manufacturer's Certificate of Compliance must contain the following information: (A) The container manufacturer's: (i) Name; (ii) Address; and (iii) Name, title, address and phone number of an official representative. (B) A description of the container or containers for which compliance or exemption is claimed; and (C) A description of the container manufacturer's records documenting compliance. (c) If, after review of the container manufacturer's Certificate of Compliance, DEQ determines that the information provided in the Certificate is not adequate to document that a container or containers comply with OAR 340-090-0350 through 0370, DEQ may: (A) Request that the product manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information the container manufacturer keeps that is the basis for those records and any other information deemed necessary to determine compliance with the law. Within 15 days of this request, the product manufacturer must notify DEQ whether it will provide the requested information or if DEQ must request it directly from the container manufacturer. If the product manufacturer notifies DEQ it will satisfy the request, the manufacturer must provide the records or other material requested to DEQ within 45 days of the date of the product manufacturer's notification; (B) If the product manufacturer cannot provide adequate documentation or other information DEQ requests within the time frame in (A) above, then DEQ may request such information directly from the container manufacturer. (d) A container manufacturer must comply with the following procedure and time schedule when it provides information DEQ requests: (A) The container manufacturer must provide a Certificate of Compliance to DEQ within 60 days of the date of receipt of a DEQ request for the Certificate; (B) If DEQ finds the Certificate to be incomplete, DEQ may request the missing materials from the official company representative. The container manufacturer must provide missing materials from a Certificate of Compliance to DEQ within 30 days of the date of receipt of a DEQ request for the Certificate; (C) After it has reviewed the Certificate of Compliance, DEQ may request that the container manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information kept by the container manufacturer that is the basis for those records and any other information deemed necessary to determine compliance with the law. The container manufacturer must provide the records or other material requested to DEQ within 45 days of the date of receipt of a request for the records. (4)(a) A container manufacturer may request an extension of the time period to submit materials DEQ requests. Such a request for extension must be in writing and be received by DEQ before the due date of DEQ’s original request. The request for extension must: (A) Provide the container manufacturer's name and address; (B) Provide the name, title, address, and phone number of an official company representative; (C) State a specific length for the requested extension, not to exceed 60 days; and (D) Show good reason for the extension. (b) Based upon the information provided in the request for extension, DEQ may grant the extension, deny the extension, or grant an extension for a lesser period of time. (5) Records that document compliance with the requirements of OAR 340-090-0350 or exemption under the provisions of OAR 340-090-0340 must be maintained and available for audit by DEQ for a period of at least three years after the year for which compliance is documented. (6) DEQ will consider a container manufacturer’s failure to provide the following a violation of these rules: (a) A Certificate of Compliance to a product manufacturer; or (b) A Certificate of Compliance or additional materials to DEQ as requested and within the schedule set out in this rule. (7) DEQ, at its discretion, may audit the container manufacturer directly to determine compliance with these rules. Statutory/Other Authority: ORS 459A.025 & 468.020 Statutes/Other Implemented: ORS 459A.655 & 459A.660 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 26-1994, f. & cert. ef. 11-2-94