2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.165 - Approval of mattress stewardship program plan or amendment; revocation; additional reporting requirements.

(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 amendment from the stewardship organization. The department shall post a plan or plan amendment on its website and provide for a public comment period of no less than 30 days before approving, rejecting or requesting additional information on the plan or plan amendment.
(2)(a) If the department rejects, or requests additional information for, the plan or plan amendment, the department must provide the stewardship organization with the reasons, in writing, that the plan or plan amendment does not meet the plan requirements of ORS 459A.159. The stewardship organization shall have 60 days from the date that the rejection or request for additional information is received to submit to the department any additional information necessary for the approval of the plan or plan amendment. The department shall review and approve or disapprove the revised plan or plan amendment no later than 45 days after the date the department receives the revised plan or plan amendment.
(b) A stewardship organization may resubmit a revised plan or plan amendment to the department on not more than two consecutive occasions. If, after the second consecutive resubmission, the department determines that the revised plan or plan amendment does not meet the plan requirements of ORS 459A.159, the department shall modify the plan or plan amendment as necessary for the plan or plan amendment to meet the requirements of ORS 459A.159 and approve the plan or amended plan.
(3) The department’s rejection of, or request for additional information for, a plan amendment does not relieve a stewardship organization from continuing to implement a mattress stewardship program in compliance with a previously approved plan pending a final action by the department on the plan amendment.
(4) Beginning no later than 90 days after a plan or amended plan is approved under this section, a stewardship organization must implement a mattress stewardship program as described in the plan or amended plan.
(5)(a) Upon a written finding described in paragraph (b) of this subsection, and after providing the stewardship organization an opportunity to respond to the finding, the department may, in addition to any other penalty provided by law:
(A) Revoke approval of a plan or plan amendment under this section or require a stewardship organization to resubmit a plan or plan amendment; or
(B) Require a stewardship organization to meet reporting requirements in addition to those required under ORS 459A.174, as the Environmental Quality Commission determines by rule or order may be appropriate to avoid future violations.
(b) Paragraph (a) of this subsection applies only if the department finds:
(A) That a stewardship organization has violated a provision of ORS 459A.150 to 459A.189; and
(B) That the violation has a material impact on the implementation and administration of a plan previously approved by the department under this section. [2022 c.102 §6]
Note:
See note under 459A.150.
Note:
Section 18, chapter 102, Oregon Laws 2022, provides:
Sec. 18.
(1) Initial plans for mattress stewardship programs under sections 4 [459A.159] and 8 [459A.171] of this 2022 Act must be submitted to the Director of the Department of Environmental Quality no later than October 1, 2023.
(2) Notwithstanding section 6 (4) of this 2022 Act [459A.165 (4)], a stewardship organization shall implement a mattress stewardship program as described in an initial plan submitted pursuant to subsection (1) of this section no later than seven months after the date that the initial plan is approved by the department under section 6 of this 2022 Act. [2022 c.102 §18]