Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0680 - Producer Responsibility Organization Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interim coordination.
(a) For the initial program period, if DEQ
			 receives program plans from multiple prospective producer responsibility
			 organizations, DEQ may appoint an interim coordinator to coordinate among the
			 prospective producer responsibility organizations. The interim coordinator will
			 develop an interim coordination plan that meets the criteria of section 2 of
			 this rule. The interim coordinator will serve in its role until December 31,
			 2026, or until a coordination plan proposed by the producer responsibility
			 organizations has been approved by DEQ, whichever comes sooner.
(b) From March 31, 2024, onward and prior to
			 the approval by DEQ of a coordination plan developed by the producer
			 responsibility organizations, DEQ may assign interim coordination tasks,
			 including but not limited to those listed in sub-section (c) of this rule, to a
			 producer responsibility organization or to a willing applicant producer
			 responsibility organization. When assigning tasks to a producer responsibility
			 organization DEQ will consider the following criteria during the program plan
			 review:
(A) The qualifications of the producer
			 responsibility organization including experience specific to the accomplishment
			 of each interim coordination task;
(B) The producer responsibility
			 organization's access to financial resources and progress toward securing 10%
			 minimum market share;
(C) The
			 initial producer membership of the producer responsibility organization;
			 and
(D) The quality of the program
			 plan submitted by the producer responsibility organization, including the
			 likelihood that plans for interim coordination activities will achieve
			 milestones.
(c) DEQ may
			 assign interim coordination tasks to approved producer responsibility
			 organizations, or to willing applicant producer responsibility organizations.
			 Approved producer responsibility organizations must begin the interim
			 coordination tasks upon DEQ assigning the task. The tasks required by this
			 subsection include the following:
(A) Setting
			 up single accounting point of contact and invoice processing system for
			 required producer responsibility organization compensation payments, including:
(i) Payment of contamination management fees
			 (ORS 459A.920) and processor
			 commodity risk fees (ORS
			 459A.923) to commingled
			 recycling processing facilities;
(ii) Compensation to (and associated
			 negotiation with) local governments for service expansion on the basis of the
			 needs assessment (ORS
			 459A.890(5) and
			 (8)).
(iii) Compensation to local governments for
			 expenses besides service expansion (ORS
			 459A.890 not including
			 subsection (5)); and
(iv)
			 Compensation to existing depots for service expansion to accommodate products
			 on the producer responsibility organization depot list (ORS
			 459A.896(1)(a)).
(B) Setting up a system to reconcile expenses
			 amongst producer responsibility organizations, in proportion to modified market
			 share as required by OAR 340-090-0700(2).
(C) Establishing and maintaining a depot
			 collection system (per ORS
			 459A.896(1))
			 that meets collection targets, convenience standards and performance standards
			 established by the Environmental Quality Commission.
(D) Developing and issuing educational
			 materials that promote the uniform statewide collection list and other
			 requirements pursuant to ORS
			 459A.893.
(d) The interim coordinator will conduct the
			 following tasks in consultation with DEQ and the producer responsibility
			 organizations:
(A) Calculate the interim,
			 preliminary, and final modified market share of each producer responsibility
			 organization as required by OAR 340-090-0700(2)-(4).
(B) Define the standard product
			 categorization to be used in producer responsibility organization membership
			 fee structures.
(e) The
			 interim coordinator will develop an interim coordination plan meeting the
			 requirements of section 2 of this rule. The interim coordinator will review the
			 draft plan with all prospective producer responsibility organizations and with
			 DEQ, and then produce an updated version for review and approval by DEQ. Once
			 approved by DEQ, producer responsibility organizations must follow the interim
			 plan until it is replaced with a coordination plan submitted jointly by
			 producer responsibility organizations and approved by DEQ.
(f) DEQ's costs in appointing and overseeing
			 an interim coordinator are costs of administering the provisions ORS
			 459A.860 to
			 459A.975.