reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.992 - Criminal penalties; license suspension and revocation.

(1) The following are Class A misdemeanors:
(a) Violation of rules or ordinances adopted under ORS 459.005 to 459.105 and 459.205 to 459.385.
(b) Violation of ORS 459.205.
(c) Violation of ORS 459.270.
(d) Violation of ORS 459A.080.
(e) Violation of ORS 459.272.
(2) Each day a violation referred to by subsection (1) of this section continues constitutes a separate offense. The separate offenses may be joined in one indictment or complaint or information in several counts.
(3) Violation of ORS 459A.705, 459A.710, 459A.718 (7) or 459A.720 is a Class A misdemeanor.
(4) Violation of ORS 459A.716 is a Class D violation. Each day that a violation referred to in this subsection occurs is a separate offense. The separate offenses may be joined in one indictment or complaint or information in several counts.
(5) In addition to the penalty prescribed by subsection (3) of this section, the Oregon Liquor and Cannabis Commission or the State Department of Agriculture may revoke or suspend the license of any person who willfully violates ORS 459A.705, 459A.710, 459A.718 (7) or 459A.720, who is required by ORS chapter 471 or 635, respectively, to have a license. [Subsections (1), (2) and (3) enacted as 1971 c.648 §20; subsection (4) enacted as 1971 c.699 §20; subsections (5) and (6) enacted as 1971 c.745 §10; 1973 c.835 §158; 1977 c.867 §22; 1981 c.81 §2; 1981 c.709 §17; 1983 c.729 §17; 1983 c.766 §8; subsections (3) and (4) renumbered 466.995; 1993 c.526 §10; 1995 c.301 §37; 2012 c.100 §4; 2019 c.183 §2; 2019 c.297 §3; 2021 c.351 §22]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459 - Solid Waste Management › Section 459.993 - Penalties for violation of ORS 459A.757.

(1) Notwithstanding ORS 153.018 (3), a violation of ORS 459A.757 by a restaurant or retail establishment, as those terms are defined in ORS 459A.755, is a Class D violation subject to a maximum fine of $250.
(2) Each day that the restaurant or retail establishment commits a violation constitutes a separate offense. [2019 c.434 §4]
Note:
459.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.008 - Expanded education and promotion program.

An expanded education and promotion program to satisfy the requirements of ORS 459A.007 must carry out the policy set forth in ORS 459.015, inform generators of solid waste of the manner and benefits of reducing, reusing, recycling and composting material, promote use of recycling services and reduce contamination in collected recyclables. The city, county or metropolitan service district responsible for providing an opportunity to recycle shall provide the education and promotion program in one of the following ways:
(1)(a) Preparing and implementing an education and promotion plan that includes actions to effectively reach solid waste generators and all new and existing collection service customers as necessary to fulfill the intent of this section.
(b) The plan described in paragraph (a) of this subsection must be submitted to the Department of Environmental Quality during the first year that the plan is in effect. Thereafter, the wasteshed shall submit a summary of activities in the plan to the department at the same time the county submits the periodic report required under ORS 459A.050 (1)(a). The summary must cover at least the time period until the next periodic report is due to the department.
(2) Implementing all of the following:
(a)(A) Provision of recycling notification and education packets to all new residential, commercial and institutional collection service customers that include, at a minimum, information about the materials collected, the schedule for collection, the way to prepare materials for collection, why separating material for recycling is necessary and how to reduce contamination of the materials set out for collection.
(B) In addition to the requirements of subparagraph (A) of this paragraph, the educational and promotional materials provided to commercial collection customers must:
(i) Be targeted to meet the needs of various types of businesses;
(ii) Include information on the economic and other benefits of recycling, common barriers to recycling and solutions to the barriers, additional resources for commercial generators of solid waste and other information designed to assist and encourage recycling efforts and reduce contamination; and
(iii) Encourage each commercial collection customer to have a goal to achieve 55 percent recovery from the customer’s solid waste stream by 2025.
(b) Provision of recycling information to collection service customers, in a variety of formats and materials at least four times per calendar year, that includes, at a minimum, the materials collected and the schedule for collection.
(c) Provision, at least annually, of the information described in paragraph (a) of this subsection to all residential, commercial and institutional collection service customers.
(d) Targeting of community and media events to promote recycling and reduce contamination in collected recyclables. [2015 c.534 §6; 2021 c.681 §52]
Note:
See note under 459A.007.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.012 - Alternative recovery rate calculation methods; rules.

(1)(a) The Environmental Quality Commission shall develop and adopt by rule a method for calculating recovery rates based on the rate of energy savings achieved by recovering materials from the general solid waste stream. The calculation method must account for:
(A) The energy savings achieved from material recovery, as opposed to material disposal;
(B) Recovery of energy from waste, including methane recovery at landfills; and
(C) Energy saving practices implemented as part of local solid waste reduction, reuse and recycling programs or solid waste management programs, including but not limited to:
(i) Fuel, efficiency and other improvements involving waste collection vehicles;
(ii) Energy efficiency improvements at recycling and solid waste facilities; and
(iii) Production of energy from renewable sources at solid waste facilities through means other than recovery of energy from waste, such as the use of solar energy to produce electricity.
(b) A recovery rate of 100 percent under the calculation method is equivalent to the energy savings achieved if all materials in the general solid waste stream are directed to their optimal final destinations for purposes of the energy savings that can be achieved through the recovery of each type of material.
(2) Using the calculation method developed under subsection (1) of this section, the commission shall adopt by rule recovery goals consistent with the goals under ORS 459A.010 (1) and (2).
(3)(a) The commission may develop and adopt by rule other methods for calculating recovery rates from the general solid waste stream that are based on achieving outcomes that result from waste recovery and management, and may include but are not limited to the following:
(A) Reductions in greenhouse gas emissions.
(B) Reductions in the emissions of toxic or potentially toxic chemicals.
(C) Water conservation.
(b) The commission may adopt by rule other outcome-based recovery goals consistent with the goals under ORS 459A.010 (1) and (2) using outcome-based calculation methods developed under this subsection. [2015 c.534 §9]
Note:
459A.012 was added to and made a part of 459A.005 to 459A.665 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.015 - Commission duties.

The Environmental Quality Commission shall:
(1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.
(2) Review Department of Environmental Quality reports on compliance with and implementation of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.
(3) Submit the report by the department on the statewide integrated solid waste management plan under ORS 459A.020 (2) to each odd-numbered year regular session of the Legislative Assembly. [Formerly 459.168; 1993 c.560 §75; 1997 c.552 §10; 2011 c.545 §57]
Note:
Sections 13a and 13b, chapter 534, Oregon Laws 2015, provide:
Sec. 13a.
(1) For calendar year 2025, the Department of Environmental Quality shall conduct a statewide survey of recovery rates for carpet waste.
(2) If the statewide survey reveals that the statewide waste recovery goal for carpet waste under ORS 459A.010 is not being met, the department shall submit a report to the interim committees of the Legislative Assembly related to solid waste, as appropriate, no later than September 15, 2027. The report must include:
(a) An evaluation of options to improve recovery; and
(b) Recommendations for meeting or modifying the recovery goals for carpet waste under ORS 459A.010. [2015 c.534 §13a]
Sec. 13b.
Section 13a of this 2015 Act is repealed on the date of the convening of the 2028 regular session of the Legislative Assembly as specified in ORS 171.010 [February 1, 2028]. [2015 c.534 §13b]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.020 - Statewide integrated solid waste management plan; review; revision.

(1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to, the following components of solid waste management:
(a) Waste prevention;
(b) Recycling;
(c) Solid waste collection and processing;
(d) Composting and energy recovery;
(e) Incineration;
(f) Disposal;
(g) Disposal capacity and facility siting; and
(h) Transportation.
(2) The commission shall develop the statewide integrated solid waste management plan in consultation with local government units, the Oregon Business Development Department and other appropriate state and regional agencies, commissions and task forces. The plan must address integrated solid waste management for at least 10 years into the future. The Department of Environmental Quality shall review the plan every two years and submit the report to the commission. The report must include:
(a) The status of implementation of the provisions of ORS 459A.005 to 459A.665, including:
(A) The annual weight of material disposed of per capita, by wasteshed and statewide;
(B) The annual recovery rate achieved by each wasteshed and statewide as calculated by:
(i) Weight as provided for in ORS 459A.010;
(ii) Rate of energy savings as provided for in ORS 459A.012; and
(iii) Any other method adopted by the commission under ORS 459A.012; and
(C) The amount of each type of material recovered annually statewide and, based on available information, the amount of each type of material recycled annually statewide;
(b) Compliance with and implementation of the provisions of ORS 459.015, 459.035, 459.055, 459.992 (1) and (2) and 459.995;
(c) The status of the metropolitan service district’s waste reduction program as submitted to the commission under ORS 459.345 and its compliance with the criteria in ORS 459.350; and
(d) Recommendations for improvements in waste prevention, reuse, recycling and composting programs.
(3) The commission shall revise the plan at regular intervals in order to allow local government units to take advantage of the data and analysis in the state plan. [1991 c.385 §18; 1993 c.560 §76; 1997 c.552 §11; 2015 c.534 §10]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.025 - Adoption of rules regarding waste disposal and recycling.

(1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665, including but not limited to:
(a) Acceptable alternative methods for providing the opportunity to recycle;
(b) Education, promotion and notice requirements, which requirements may be different for disposal sites and collection systems;
(c) Identification of the wastesheds within the state;
(d) Guidelines for local government units and other persons responsible for implementing the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665; and
(e) Standards for the joint submission of the recycling reports required under ORS 459A.050 (1).
(2) In adopting rules or guidelines under this section, the commission shall consider:
(a) The policy stated in ORS 459.015.
(b) Systems and techniques available for recycling, including but not limited to existing recycling programs.
(c) Availability of markets for recyclable material.
(d) Costs of collecting, storing, transporting and marketing recyclable material.
(e) Avoided costs of disposal.
(f) Density and characteristics of the population to be served.
(g) Composition and quantity of solid waste generated and potential recyclable material found in each wasteshed. [Formerly 459.170; 1993 c.560 §77; 1995 c.79 §275; 1997 c.552 §12; 2015 c.662 §3; 2021 c.681 §53]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.027 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) Public and private recycling programs that collect source separated recyclable materials from residences and from commercial and institutional establishments on a schedule that is convenient to the generator, are effective and efficient methods of recovering recyclable material in the ongoing effort to achieve the solid waste recovery goals of the State of Oregon; and
(2) An effective way to support the efforts of local government units responsible for implementing solid waste programs directed at achieving solid waste recovery goals is by using existing state resources to support local recycling programs through grants. [1997 c.552 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.029 - Provision of materials to local governments; commercial generator recovery rate goal.

(1) The Department of Environmental Quality shall work with local government units to provide educational and promotional materials that local government units may distribute to commercial generators of solid waste. The educational and promotional materials should be targeted to businesses and include reasons to recycle, including economic benefits, common barriers to recycling and solutions to the barriers, additional resources for commercial generators and other information designed to assist and encourage meeting the state’s 55 percent recovery rate.
(2) Each wasteshed is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts.
(3) Each commercial generator of solid waste shall strive to achieve 55 percent recovery from its solid waste stream by 2025.
(4) The Legislative Assembly encourages local government units that have chosen to implement commercial recycling programs to evaluate the effectiveness of those programs. The effectiveness of a program may be determined by measuring solid waste diverted by programs, by participation in programs or by some other method. [1997 c.552 §8; 2015 c.534 §16]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.030 - Technical assistance to local governments.

The Department of Environmental Quality shall provide technical assistance to cities, counties or metropolitan service districts in the development, revision, amendment and implementation of local solid waste reduction, reuse and recycling and waste prevention programs and solid waste management programs that comply with the opportunity to recycle established in ORS 459A.005 and 459A.007. The department shall give special emphasis to assisting rural and remote counties. [1991 c.385 §52; 1993 c.560 §78; 2015 c.534 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.035 - Solid waste composition study.

The Department of Environmental Quality shall conduct a solid waste composition study to determine the quantities and sources of different materials disposed of in the waste stream at least once every three biennia for all areas of the state not covered by other solid waste composition studies. The study may include:
(1) Measurement and composition of wastes disposed of through nonstandard methods such as litter; and
(2) The composition of commingled and other recovered materials collected or processed in Oregon. [1991 c.385 §5; 1993 c.560 §79; 2015 c.534 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.045 - Request for modification or variance.

Any affected person may:
(1) Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must be provided; or
(2) Request a variance under ORS 459A.055. [Formerly 459.175]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.055 - Variance or request for extension to provide opportunity to recycle.

(1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025.
(b) The Environmental Quality Commission may grant all or part of a variance under this section.
(c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.
(d) In granting a variance, the commission must find that:
(A) Conditions exist that are beyond the control of the applicant;
(B) Special conditions exist that render compliance unreasonable or impractical; or
(C) Compliance may result in a reduction in recycling.
(2) An affected person may apply to the commission to extend the time permitted under ORS 459.005, 459.015, 459.035, 459.250, 459A.005 and 459A.050 for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may:
(a) Grant an extension upon a showing of good cause;
(b) Impose any necessary conditions on the extension; or
(c) Deny the application in whole or in part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.065 - Mandatory participation in recycling.

(1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling.
(2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse.
(3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that:
(a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS 459.015;
(b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and
(c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS 459.015.
(4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.070 - Limitation on amount charged person who source separates recyclable material.

(1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service charges a person who does not source separate recyclable material.
(2) A collection service or disposal site may charge a person who does not have solid waste collection service but who source separates recyclable material and makes the material available for reuse or recycling, for the cost of providing that service. In no case shall the charge be greater than the charge to collect or dispose of that material as solid waste. [Formerly 459.190]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.075 - Exemptions.

Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is:
(1) Source separated by the generator; and
(2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerly 459.192]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules.

A person may not:
(1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by a city or county to provide collection service for that recyclable material.
(2) Remove any recyclable material from a container, box, collection vehicle, recycling depot or other receptacle for the accumulation or storage of recyclable material without permission of the owner of the receptacle.
(3)(a) Except as provided in paragraph (b) of this subsection, mix source separated recyclable material with solid waste in any landfill or vehicle, box, container or receptacle used in solid waste collection or disposal.
(b) The Environmental Quality Commission may establish by rule exemptions from the prohibition against mixing source separated recyclable materials contained in paragraph (a) of this subsection. [Formerly 459.195; 2021 c.681 §54]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.100 - Definitions for ORS 459A.100 to 459A.120.

As used in ORS 459A.100 to 459A.120:
(1) "Domestic solid waste" includes but is not limited to residential, commercial and institutional wastes generated within this state.
(2) "Domestic solid waste" does not include:
(a) Sewage sludge or septic tank and cesspool pumpings;
(b) Building demolition or construction wastes and land clearing debris, if delivered to a disposal site that is limited to those purposes;
(c) Source separated recyclable material, or material recovered at the disposal site;
(d) Waste going to an industrial waste facility;
(e) Waste received at an ash monofill from an energy recovery facility; or
(f) Other material excluded by the Environmental Quality Commission in order to support the policies of ORS 459.015. [Formerly 459.292; 1993 c.560 §85]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.105 - Policy.

The Legislative Assembly finds and declares that:
(1) Domestic solid waste disposal capacity is a matter of statewide concern;
(2) The disposal in Oregon of domestic solid waste generated both outside and within Oregon will reduce the total capacity available for disposal of domestic solid waste generated in this state;
(3) The disposal in Oregon of domestic solid waste generated outside Oregon and within Oregon will add to the level of environmental risk associated with the transportation and disposal of those wastes; and
(4) It is in the best interest of the public health, safety and welfare of the people of Oregon to reduce the amount of domestic solid waste being generated in Oregon in order to extend the useful life of existing domestic solid waste disposal sites and to reduce the environmental risks associated with receiving waste generated outside Oregon at those sites. [Formerly 459.293]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.120 - Use of additional fees.

(1) The fees established by the Environmental Quality Commission under ORS 459A.110 shall be deposited in the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to fund the update and implementation of the statewide integrated solid waste management plan under ORS 459A.020 and the policies set forth in ORS 459.015.
(2) Activities that may be funded to carry out the purposes of this section include but are not limited to:
(a) Activities to reduce the environmental and human health impacts of materials at all stages of their life cycles, such as:
(A) Promoting and enhancing waste prevention, recycling and other waste recovery activities;
(B) Collecting data;
(C) Researching, planning, developing and applying performance measures;
(D) Developing standards and educational and promotional activities;
(E) Supporting markets;
(F) Demonstrating activities; and
(G) Managing household hazardous wastes and materials;
(b) Solid waste planning activities by counties and metropolitan service districts, as approved by the department; and
(c) Providing grants or loans to fund the types of activities listed in paragraphs (a) and (b) of this subsection. In providing grants under this paragraph, the department shall give preference to providing grants for activities that reduce solid waste generation and exceed the requirements of this chapter. [Formerly 459.295; 1993 c.560 §89; 1999 c.59 §130; 2015 c.662 §7]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.125 - Maximum amount of additional fee; adjustments.

(1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that:
(a) The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and
(b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton fee assessed on domestic solid waste disposal under ORS 459A.110 (1), less $0.81 per ton.
(2) For the biennium beginning July 1, 2017, and each subsequent biennium and subject to prior approval by the Oregon Department of Administrative Services, the Environmental Quality Commission may:
(a) Proportionally adjust the fees established under this section and ORS 459A.110 to meet revenue needs consistent with the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board; or
(b) Adjust for inflation by modifying the amount of the fees established under this section and ORS 459A.110 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.
(3) Any fee adjustment adopted pursuant to subsection (2) of this section shall be adopted not less than six months prior to the date that the fee adjustment will be effective.
(4) The commission may not adopt a fee adjustment under subsection (2) of this section if the adjustment would result in:
(a) A fee increase or decrease of less than two percent for the biennium for which the fee adjustment will be effective; or
(b) A fee under ORS 459A.110 (1) that is greater than the maximum fee provided for in subsection (1)(a) of this section adjusted annually on July 1 by a three percent increase in the maximum fee.
(5) The commission may not adopt more than one fee adjustment under subsection (2) of this section each biennium. [2015 c.662 §6; 2019 c.57 §22]
Note:
459A.125 and 459A.130 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.150 - Legislative findings; policy.

The Legislative Assembly finds and declares that:
(1) It is in the best interests of the State of Oregon for producers of mattresses to take responsibility for developing, implementing and administering a statewide system for the financing, collection and environmentally sound management of discarded mattresses; and
(2) It is the State of Oregon’s policy that a statewide system for the financing, collection and environmentally sound management of discarded mattresses:
(a) Provide free, convenient and accessible opportunities for collection of mattresses discarded in this state from any person, in both the urban and rural areas of this state;
(b) Be technologically feasible and economically practical; and
(c) Be consistent with the policies for materials management set forth in ORS 459.015 (2). [2022 c.102 §1]
Note:
459A.150 to 459A.189 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.168 - Amendments to mattress stewardship program plan; notice of changes to plan.

(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.159 (1)(n), to the system for collecting discarded mattresses;
(b) The stewardship organization proposes a change to the mattress stewardship assessment; or
(c) The department requests an amendment to the plan in order to address a specific finding by the department that:
(A) The administrative costs of the stewardship organization for the mattress stewardship program equaled 20 percent or more of the organization’s total annual operating budget for the program during the prior calendar year; or
(B) The unallocated reserve funds held by the stewardship organization for the mattress stewardship program during the prior calendar year equaled 75 percent or more of the organization’s total annual operating budget for the program during the year.
(2) The department may not request an amendment under subsection (1)(c) of this section until two years after the implementation of a mattress stewardship program by the stewardship organization.
(3) Not less than once per month, a stewardship organization shall provide written notice to the department of any changes made during the previous month to a plan approved by the department under ORS 459A.165 that are changes for which an amendment is not required under subsection (1) of this section. Changes subject to notice under this subsection include, but are not limited to:
(a) A change in the location or the number of permanent collection sites identified in the plan;
(b) A change in the producers or renovators that are registered with the stewardship organization; or
(c) A change in the recyclers or renovators that manage the discarded mattresses collected by the stewardship organization under the program.
(4) If the department determines that a change for which notice was given under subsection (3) of this section has a material impact on a previously approved plan, the department may require the stewardship organization to submit an amendment under subsection (1) of this section, regardless of whether the change has been implemented. [2022 c.102 §7]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.171 - Reapproval of mattress stewardship program plan.

(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 the department to be reapproved for an additional five years. A plan submitted under this paragraph must include proposed improvements based on the results of the study conducted under ORS 459A.174 (4)(a).
(2) Notwithstanding ORS 459A.159, the initial plan submitted by a stewardship organization is not required to include the information described in ORS 459A.159 (1)(g) or (L). A stewardship organization operating a mattress stewardship program shall first submit the information described in ORS 459A.159 (1)(g) and (L) pursuant to the notification procedures set forth in ORS 459A.168 (3) no later than two years after implementation of the mattress stewardship program. [2022 c.102 §8]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.177 - Mattress stewardship program advisory committee.

(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) The solid waste industry;
(C) The environmental community; and
(D) The public.
(b) The director may not appoint to the advisory committee any person that has or who may have a pecuniary interest in any contract awarded by a stewardship organization as part of the implementation of a mattress stewardship program.
(2) The advisory committee shall meet not less than once annually and shall consult with stewardship organizations operating mattress stewardship programs and advise the Department of Environmental Quality regarding:
(a) The review and approval of any plan for the development and implementation of a mattress stewardship program submitted to the department under ORS 459A.159;
(b) The review and approval of any amendment to a plan submitted under ORS 459A.168; and
(c) The review of annual reports submitted by a stewardship organization under ORS 459A.174. [2022 c.102 §10]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.180 - Inspection by Department of Environmental Quality.

(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 stewardship organization shall retain all records related to implementation of a mattress stewardship program for not less than three years and make the records available for inspection by the department upon request. [2022 c.102 §11]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.183 - Mattress Stewardship Fund.

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 enforcing ORS 459A.150 to 459A.189. [2022 c.102 §12]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.186 - Application of antitrust laws.

(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, administration, collection or disbursement of the mattress stewardship assessment shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for the establishment, administration, collection or disbursement of the mattress stewardship assessment from federal antitrust laws.
(2)(a) This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.150 to 459A.189.
(b) This section does not apply to any activities related to:
(A) Pricing agreements for mattresses unrelated to the mattress stewardship assessment;
(B) Agreements regarding the output or production of mattresses; or
(C) Restrictions on the geographic area in which, or the consumers to whom, mattresses will be sold.
(3) The Department of Environmental Quality shall actively supervise the conduct of a stewardship organization in establishing, administering, collecting and disbursing the mattress stewardship assessment. [2022 c.102 §13]
Note:
See note under 459A.150.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.203 - Requirement to participate in drug take-back program; rules; fines.

(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 part of a group of covered manufacturers or by delegating the covered manufacturer’s duties under ORS 459A.200 to 459A.266 to a drug take-back organization.
(2)(a) A covered manufacturer is not required to participate in a drug take-back program as described in subsection (1) of this section if the covered manufacturer provides sufficient proof to the Department of Environmental Quality that the covered manufacturer manufactures covered drugs for fewer than 50 patients in this state.
(b) The Environmental Quality Commission may adopt rules regarding this subsection.
(3) If a covered manufacturer does not participate in a drug take-back program as described in subsection (1) of this section, and does not qualify for exemption under subsection (2) of this section, the State Board of Pharmacy may assess a fine against the covered manufacturer in an amount not to exceed $10,000 for each day that covered drugs manufactured by the covered manufacturer are sold in this state. [2019 c.659 §2]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.206 - Organization of program operator.

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.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.212 - Changes to program; preapproval; notification; rules.

(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-back program. A program operator must make a request under this subsection not later than 30 days before the change is to occur. For purposes of this subsection, the following types of changes substantively alter a drug take-back program:
(a) Changes involving methods used to collect covered drugs;
(b) Changes involving methods used to dispose of covered drugs;
(c) Changes to the policies and procedures for handling and disposing of covered drugs;
(d) Changes to the policies and procedures for securing patient information that may be printed on the packaging of a covered drug;
(e) Changes involving methods used to foster public awareness of the proposed drug take-back program;
(f) Changes to drop-off sites that do not meet the requirements of ORS 459A.209 (2)(i);
(g) Changes in the location of a drop-off site; and
(h) Changes to the location or schedule of a collection event held pursuant to ORS 459A.221.
(2) The department shall approve or reject a request submitted pursuant to subsection (1) of this section within 30 days of receiving the request. If the department does not approve or reject the request, and provide written notice to the program operator of the department’s decision within 30 days of the date on which the department received the request, the proposed change shall be considered approved.
(3)(a) If a program operator intends to make a proposed change to a drug take-back program but, for good cause as determined by the department, is unable to make a request 30 days before the proposed change is to occur as required under subsection (1) of this section, the program operator shall notify the department of the proposed change as far in advance of the proposed change as practicable. Upon receipt of notice described in this subsection, the department shall consult with the program operator regarding the proposed change. Not later than seven business days after receiving the notice, the department may temporarily approve the proposed change.
(b) The Environmental Quality Commission may adopt rules to carry out this subsection.
(4) In a form and manner prescribed by the department, a program operator must notify the department:
(a) Not later than 30 days after the change occurs of any change to the contact information for the program operator.
(b) Not later than 60 days after the change occurs, of any change involving:
(A) Which covered manufacturers are participating in the drug take-back program;
(B) The contact information for a covered manufacturer participating in the drug take-back program; or
(C) The ownership of a covered manufacturer participating in the drug take-back program. [2019 c.659 §5]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.215 - Authorized collectors; rules.

(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 all willing authorized collectors for the purpose of collecting covered drugs under the drug take-back program.
(2) An agreement entered into under this section must require an authorized collector to comply with all state laws and rules and federal laws and regulations governing the keeping of covered drugs, as identified by the State Board of Pharmacy by rule.
(3) In approving plans and updated plans under ORS 459A.209, and in preapproving changes under ORS 459A.212, the department shall, insofar as is practicable, ensure that each resident of this state has adequate access to a drop-off site. [2019 c.659 §6]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.218 - Drop-off sites; rules.

(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 authorized collector;
(b) A drop-off site must use a secure repository in compliance with all state laws and rules and federal laws and regulations governing the keeping of covered drugs in repositories, as identified by the State Board of Pharmacy by rule;
(c) The program operator must:
(A) Ensure that each secure repository is serviced as often as necessary to avoid reaching capacity;
(B) Ensure that collected covered drugs are transported to a location described in ORS 459A.224 in a timely manner; and
(C) Provide a method for the authorized collector to notify the program operator of the need for additional collections at the drop-off site;
(d) A sign must be affixed to the secure repository used at a drop-off site that prominently displays a toll-free telephone number and a website address that a covered entity may use to provide feedback to the program operator about the drug take-back program;
(e) Except as provided in paragraph (f) of this subsection, a drop-off site must accept all covered drugs from covered entities; and
(f) If a drop-off site is located at a long-term care facility, as defined in ORS 442.015, and allowed under applicable federal regulations, only individuals who reside, or have resided, at the long-term care facility may use the drop-off site.
(3) A drug take-back program that is unable to establish and maintain a sufficient number of drop-off sites in order to meet the requirements of the plan submitted under ORS 459A.209 shall provide additional services, such as mail-back services, and hold collection events to ensure the convenient service described in the plan submitted under ORS 459A.209, subject to approval by the Department of Environmental Quality. [2019 c.659 §7]
Note:
See note under 459A.200.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.221 - Covered drug collection events.

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 Department of Justice; and
(2) In coordination with the local solid waste management officials who have jurisdiction over the impacted area. [2019 c.659 §8]
Note:
See note under 459A.200.