Or. Admin. R. 340-090-0690

Current through Register Vol. 63, No. 9, September 1, 2024

Section 340-090-0690 - Producer Responsibility Organization Fees

(1) Program Plan Review Fee. Each applicant producer responsibility organization that submits a plan under ORS 459A.875 will pay a fee of $150,000 for DEQ's review of the plan. An applicant producer responsibility organization will pay the fee when it submits the plan to DEQ. A plan will not be considered submitted to DEQ until the fee is paid.

(2) Annual Administration Fee. DEQ will assess an annual administration fee each calendar year in the amount of $4,000,000 for the first four years of the program (2025-2028) and $3,000,000 for all subsequent years of the program.

(a) DEQ will invoice and a producer responsibility organization must pay the annual administration fee as follows:

(A) In the first program year (covering 2025) DEQ will send an applicant producer responsibility organization a provisional invoice on or before September 1, 2024. DEQ will send a producer responsibility organization a final invoice upon completion of the producer responsibility program plan approval process under ORS 459A.878. A producer responsibility organization will pay the first program year's fee within 30-days of DEQ sending it a final invoice.

(B) In each year after the first program year DEQ will invoice a producer responsibility organization on or before September 1 of the preceding program year for payment within 30-days of invoicing.

(b) DEQ may at its discretion reduce the fee in a given year if it determines that the full amount is not required to pay the costs of administering, implementing and enforcing the provisions of ORS 459A.860 to 459A.975 in that year.

(c) If DEQ has approved only one producer responsibility organization plan under ORS 459A.878 for a given year that producer responsibility organization will pay the entirety of the annual administration fee.

(d) If DEQ has approved more than one producer responsibility organization plan under ORS 459A.878 for a given year the annual administration fee will be divided among the producer responsibility organizations as follows:

(A) In the first program year the producer responsibility organizations will pay to DEQ equal shares of the annual administration fee. On or before September 1, 2025, DEQ will notify the producer responsibility organizations of the interim modified market share calculations pursuant to OAR 340-090-0700(3). The producer responsibility organizations will reconcile payment with each other such that each producer responsibility organization pays a total amount of the annual administration fee that is proportional to its modified market share.

(B) In each year after the first program year the fee will be divided between the producer responsibility organizations in proportion to their modified market share as determined by OAR 340-090-0700(2).

(e) Reporting. Each fiscal year DEQ will report its current and projected program expenditures and revenue.

Or. Admin. R. 340-090-0690

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975