Or. Admin. Code § 340-090-0730

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-090-0730 - Producer responsibility organizations with less than 10 percent market share

(1) If DEQ determines that a producer responsibility organization's market share has fallen below the 10 percent threshold provided by ORS 459A.869(12), DEQ shall:

(a) Issue notification to the producer responsibility organization of the intent to revoke plan;

(b) Begin a 60-day review process, during which the producer responsibility organization may describe any actions it will undertake to exceed the 10 percent threshold;

(c) After the conclusion of the 60-day review period, issue either an order revoking the producer responsibility organization's program plan or a notification that the plan will not be revoked; and

(2) If DEQ revokes a plan under this rule the producer responsibility organization must notify its producer members. Producer responsibility organization members will have 60 days to transition to another producer responsibility organization.

(3) If DEQ notifies a producer responsibility organization that a plan will not be revoked, pursuant to subsection 1(c) of this rule, DEQ may include any of the actions described by the producer responsibility organization pursuant to subsection 1(b) of this rule as conditions on its decision not to revoke the plan.

(4) An order revoking a plan under this rule may be appealed as provided in ORS chapter 183.

(5) DEQ will provide all other producer responsibility organizations with a copy of the following notifications and decisions described in this section:

(a) A notification of intent to revoke a plan pursuant to subsection (1)(a);

(b) An order revoking a plan or notification that the plan will not be revoked pursuant to subsection (1)(c);

(c) Conditions applied to a producer responsibility plan on its decision to not revoke the plan provided pursuant to section (3); and

(d) A decision by the producer responsibility organization to appeal the DEQ order to revoke the plan pursuant to section (4).

Or. Admin. Code § 340-090-0730

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