2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 459A - Reuse and Recycling › Section 459A.887 - Annual report; materials disposition report.

(1) No later than July 1 of each year, a producer responsibility organization must submit to the Department of Environmental Quality for approval by the department an annual report on the development, implementation and operation of the producer responsibility program. The annual report must:
(a) Cover the prior calendar year;
(b) Present information in a manner that can be understood by the general public; and
(c) Be otherwise prepared in the form and manner prescribed by the department.
(2) The annual report must include:
(a) A list of the producers that participated in the producer responsibility program;
(b) A list of any producers found to be out of compliance with the producer responsibility program plan and steps taken to bring those producers into compliance;
(c) The total amount, by weight and type of material, of covered products sold or distributed in or into this state by participating producers in the prior calendar year;
(d) A description of the producer responsibility organization’s efforts, including work with processors, to ensure that the collected covered products were responsibly managed and delivered to responsible end markets;
(e) A complete accounting and summary of payments requested by local governments and local governments’ service providers and paid by the producer responsibility organization under ORS 459A.890;
(f) A description of all expansions and improvements to recycling collection systems that have been paid for by the producer responsibility organization, whether those expansions or improvements have been implemented, the funds provided for such expansions and improvements, and what collection programs are still scheduled for expansions or improvements in the remaining duration of the producer responsibility program plan;
(g) A summary of payments paid by the producer responsibility organization under ORS 459A.920 and 459A.923;
(h) A summary of payments requested by local governments or local governments’ service providers that were denied or reduced by the producer responsibility organization;
(i) A summary of all other payments made to satisfy the producer responsibility organization’s obligations under ORS 459A.860 to 459A.975, including but not limited to payments made to support responsible recycling of specifically identified materials, as described in ORS 459A.917;
(j) A summary of the financial status of the producer responsibility organization, including annual expenditures, revenues and assets;
(k)(A) The membership fee schedule described in ORS 459A.884;
(B) The fees collected pursuant to the membership fee schedule for the reporting year; and
(C) A description of how the current membership fee schedule meets the requirements of ORS 459A.884;
(L) A description of activities undertaken by the producer responsibility organization that relate to the uniform statewide collection list and the specifically identified materials list;
(m) An assessment of whether the producer responsibility organization has met collection targets, convenience standards and performance standards established by the Environmental Quality Commission under ORS 459A.914 and efforts planned to meet or continue meeting such targets and standards;
(n) A summary of efforts taken by the producer responsibility organization to meet the statewide plastic recycling goal established under ORS 459A.926 and efforts planned to maintain performance in meeting the goal or, if the goal has not been met, efforts planned to meet the goal;
(o) The results of any in-person site inspections, material tracking or other audits conducted during the reporting year, including whether any major safety or environmental management practices were not properly followed and, if so, the corrective actions taken;
(p) Recommendations for any changes to the producer responsibility organization’s plan to improve recovery and recycling;
(q) A summary of the quarterly reports described in subsection (6) of this section and an evaluation of the adequacy of responsible end markets;
(r) A summary of actions actually taken or planned by the producer responsibility organization to improve responsible end markets, pay for improvements in processing infrastructure or improve the resiliency of the producer responsibility program;
(s) The number of producers that received each type of membership fee adjustment offered under ORS 459A.884 and the amount of covered products, by material and format, for which producers received each type of adjustment;
(t) An evaluation of the effectiveness of membership fee adjustments at encouraging producers to reduce the environmental and human health impacts of covered products, with relation to the factors and criteria used by the producer responsibility organization’s membership fee structure;
(u) An evaluation of the producer responsibility organization’s compliance with ORS 459A.860 to 459A.975 and, if necessary, actions that will be taken to achieve compliance;
(v) A report by an independent certified public accountant, retained by the producer responsibility organization at the organization’s expense, on the accountant’s audit of the organization’s financial statements;
(w) The results of any nonfinancial audits or assessments measuring performance or outcomes;
(x) A description of activities undertaken by the producer responsibility organization that relate to the educational resources and promotional campaigns described in ORS 459A.893; and
(y) Any other information required by the department.
(3)(a) A producer responsibility organization shall include in a report submitted under this section a confidential addendum containing information on the membership fees paid to the producer responsibility organization by individual members and information that can be used to calculate the market share of individual members in accordance with rules adopted by the commission under ORS 459A.869. Information included in the confidential addendum is not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data do not directly or indirectly identify the amount of membership fees paid by or market share of any individual producer.
(b) The report must also aggregate and summarize the information described in paragraph (a) of this subsection in a manner that does not directly or indirectly identify the amount of membership fees paid by any individual producer.
(4) The department shall review reports submitted under this section and solicit feedback on each report from the Oregon Recycling System Advisory Council. The department shall make each report available for public comment for a period of not less than 30 days. The department shall submit the comments of the department, the council and the public to the producer responsibility organization. The department shall approve reports that meet the requirements of this section to the satisfaction of the department.
(5)(a) If the department does not approve a report under subsection (4) of this section, the department must provide the producer responsibility organization with written notice of revisions necessary for approval and the timeline for resubmittal.
(b) The department may bring an enforcement action if:
(A) The revised report required under paragraph (a) of this subsection is not timely submitted; or
(B) The revised report does not meet the requirements of this section to the satisfaction of the department.
(6) No later than 45 days after the end of each calendar quarter, a producer responsibility organization shall provide a materials disposition report to the department describing the final disposition during that calendar quarter of all materials for which the organization is responsible. The report required under this subsection must include:
(a) The final end markets of the materials;
(b) The location of all facilities used to process the materials;
(c) A description of any disposition that does not meet the standards described in ORS 459A.896 (2); and
(d) The amount of materials processed and the final disposition by weight or volume of all materials, including materials that were not used by the end markets. [2021 c.681 §12]