Section 459A.320 - [Operative Until 1/1/2026] Manufacturer program plan; state contractor program(1) A manufacturer choosing to implement a manufacturer program shall submit a plan to the Department of Environmental Quality at the time of payment of the annual registration fee required under ORS 459A.315.(2) The manufacturer's plan must describe how the manufacturer will:(a) Finance, manage and conduct a statewide program to collect covered electronic devices from covered entities in this state.(b) Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices.(c) Provide for advertising and promotion of collection opportunities statewide and on a regular basis.(d) Include convenient service in every county in this state and at least one collection site for any city with a population of at least 10,000. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A program may provide collection service jointly with another program.(3) A manufacturer choosing to implement a manufacturer program shall: (a) Meet or exceed the requirements for collection sites described in subsection (2) of this section.(b) Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service.(c) Implement the plan required under this section.(d) Conduct a statistically significant sampling or actual count of the covered electronic devices, except for computer peripherals, collected and recycled by the manufacturer each calendar year using a methodology approved by the department. The manufacturer shall report the results of the sampling or count to the department at least annually or as required by the department. The sampling or count methodology must take into account information including but not limited to the device type, weight and brand of each unit sampled.(e) In addition to the report required by paragraph (d) of this subsection and no later than March 1 of each year, the manufacturer shall provide a report to the department that: (A) Includes the total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer during the previous calendar year;(B) Includes the total weight of each type of covered electronic device, including orphan devices and computer peripherals, collected from covered entities in this state by the manufacturer during the previous calendar year; and(C) Details how the plan required under this section was implemented during the previous calendar year.(4) A group of manufacturers may choose to implement a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their individual return shares by weight under ORS 459A.340 (3) and that sum is at least five percent.(5) By July 1 of each year, a manufacturer that does not meet its return share by weight for the previous calendar year shall pay the department for the amount not achieved at a rate determined by the department to be equivalent to the amount the manufacturer would have paid, plus 10 percent, to be part of the state contractor program under ORS 459A.340.(6) A manufacturer participating in the state contractor program under ORS 459A.340 shall notify the department at the time of its registration each year.(7) Except as provided in subsection (4) of this section, a manufacturer with less than a five percent return share is required to participate in the state contractor program under ORS 459A.340.Amended by 2019 Ch. 212, § 3, eff. 1/1/2020. 2007 c. 302, § 5; 2007 c. 302, § 6; 2011 c. 548, § 5 The amendments to 459A.320 by section 4, chapter 259, Oregon Laws 2023, become operative January 1, 2026, and apply to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023. The text that is operative on and after January 1, 2026, is set forth for the user's convenience.
This section is set out more than once due to postponed, multiple, or conflicting amendments.