There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 11, Chapters 431 - 470
ORS Chapter 459a
- 459A.005 Opportunity to recycle defined.
- 459A.010 Statewide goals; opportunity to recycle program elements; recovery rates.
- 459A.015 Commission duties.
- 459A.020 Statewide integrated solid waste management plan; review; revision.
- 459A.025 Commission to adopt rules regarding waste disposal and recycling.
- 459A.027 Legislative findings.
- 459A.029 Department to provide materials to local governments; commercial generator recovery rate goal.
- 459A.030 Technical assistance to local governments.
- 459A.035 Solid waste composition study.
- 459A.040 [1991 c.385 93; repealed by 1997 c.552 40]
- 459A.045 Request for modification or variance.
- 459A.050 Recycling reports.
- 459A.055 Variance or request for extension to provide opportunity to recycle.
- 459A.060 [1991 c.385 4; 1997 c.552 15; repealed by 2001 c.513 6]
- 459A.065 Mandatory participation in recycling.
- 459A.070 Limitation on amount charged person who source separates recyclable material.
- 459A.075 Exemptions.
- 459A.080 Prohibitions against removing or mixing recyclable material.
- 459A.085 City, county authority to issue collection service franchises; opportunity to recycle; rates.
- 459A.100 Definitions for ORS 459A.100 to 459A.120.
- 459A.105 Policy.
- 459A.110 Additional fees for programs for reduction of domestic solid waste and environmental risks; assessment; maximum fee.
- 459A.115 Surcharge on fee imposed under ORS 459A.110; use of surcharge.
- Note: 459A.115 was added to and made a part of 459A.005 to 459A.665 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 459A.120 Use of additional fees.
- 459A.300 Legislative findings.
- Note: 459A.300 to 459A.365 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459A.305 Definitions for ORS 459A.305 to 459A.355.
- Note: The amendments to 459A.305 by section 4, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459A.305. As used in ORS 459A.305 to 459A.355: (1) Brand means a name, symbols, words or marks that identify a covered electronic device, rather than any of its components, and attribute the device to the owner of the brand as the manufacturer. (2) Collector means an entity that collects covered electronic devices as part of a manufacturer program or the state contractor program. (3) Computer peripheral means: (a) A keyboard or mouse sold exclusively for external use with a computer as a wireless or corded device that provides input into, or output from, a computer; or (b) Cords used with a keyboard or mouse described in paragraph (a) of this subsection. (4)(a) Covered electronic device means: (A) A computer monitor of any type having a viewable area greater than four inches measured diagonally; (B) A desktop computer or portable computer; (C) A television of any type having a viewable area greater than four inches measured diagonally; (D) A computer peripheral; or (E) A printer. (b) Covered electronic device does not include: (A) Any part of a motor vehicle; (B) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment; (C) Telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally; or (D) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier. (5) Covered entity means any Oregon household, a business that employs 10 or fewer individuals, a not-for-profit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code that employs 10 or fewer individuals, or any person giving seven or fewer covered electronic devices to a collector at any one time. (6) Environmentally sound management practices means practices that comply with all applicable laws, including but not limited to adequate record keeping, tracking the fate of recycled materials, performance audits and inspections, provisions for reuse and refurbishment, compliance with worker health and safety requirements, maintaining liability insurance and financial assurances and practices that may be adopted by rule by the Environmental Quality Commission. (7)(a) Manufacturer means any person, irrespective of the selling technique used, including by means of remote sale: (A) That manufactures covered electronic devices under a brand that it owns or is licensed to use; (B) That sells covered electronic devices manufactured by others under a brand that the seller owns; (C) That manufactures covered electronic devices without affixing a brand; (D) That manufactures covered electronic devices to which it affixes a brand that it does not own; or (E) On whose account covered electronic devices manufactured outside the United States are imported into the United States. This subparagraph does not apply if, at the time the covered electronic devices are imported into the United States, another person is registered as the manufacturer of the brand of the covered electronic devices. (b) Manufacturer does not include a person: (A) With a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licenser. (B) That manufactures only computer peripherals and no other covered electronic devices. (8) Manufacturer program means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a single manufacturer or group of manufacturers pursuant to ORS 459A.320. (9) Orphan device means a covered electronic device for which no manufacturer can be identified. (10) Person means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or other legal entity. (11) Portable computer means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual: (a) A laptop computer; (b) A notebook computer; or (c) A notepad computer. (12) Premium service means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service. (13)(a) Printer means a device that: (A) Is used to make reproductions, or is multifunctional and performs one or more operations such as scanning or faxing in addition to making reproductions; (B) Is designed to be placed on a desk or other work surface and may include an optional floor stand; and (C) Uses print technology such as laser, electrographic, ink jet, dot matrix, thermal or digital sublimation. (b) Printer does not include a device used to make reproductions that: (A) Is floor-standing; (B) Is a point of sale receipt printer; (C) Is also a calculator; (D) Can also make labels; or (E) Is embedded in something other than a covered electronic device. (14)(a) Recycling means: (A) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity; or (B) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules. (b) Recycling does not include: (A) Landfill disposal or incineration of covered electronic devices; or (B) Energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste. (15) Recycling credit means a credit granted to a manufacturer program or a state contractor program for the collection, transport and recycling of covered electronic devices in an amount that exceeds the program s return share by weight for a calendar year. (16) Retailer means a person that offers new covered electronic devices for sale at retail through any means, including but not limited to remote offerings such as sales outlets, catalogs or the Internet. (17) Return share means the minimum percentage of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling. (18) Return share by weight means the minimum total weight of covered electronic devices that an individual manufacturer is responsible for collecting, transporting and recycling. (19)(a) Sell or sale means any transfer of title for consideration, including but not limited to remote sales conducted through sales outlets, catalogs or the Internet, or any other similar electronic means. (b) Sell or sale does not include leases. (20) State contractor program means a statewide program for collecting, transporting and recycling covered electronic devices that is provided by the Department of Environmental Quality for manufacturers who pay a recycling fee to the department pursuant to ORS 459A.325.
- Note: See note under 459A.300.
- 459A.310 Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers.
- Note: The amendments to 459A.310 by section 9, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459A.310. (1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (7) before, on or after June 7, 2007. (2) ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices. (3) A manufacturer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery in this state unless: (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; and (b) The brand is included in the plan that is filed with the Department of Environmental Quality pursuant to ORS 459A.320.
- Note: See note under 459A.300.
- 459A.315 Registration by manufacturer; fees.
- Note: See note under 459A.300.
- 459A.320 Manufacturer program plan; state contractor program.
- Note: The amendments to 459A.320 by section 6, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459A.320. (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, in accordance with the approved sampling methodology or as directed by the department, no later than March 1 of the following calendar year. The report must include: (A) A list of all brands identified during the sampling or count by the manufacturer; (B) The weight of covered electronic devices identified for each brand during the sampling or count; and (C) The total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in the state by the manufacturer during the previous calendar year. (e) By March 1 of each year, provide a report to the department that 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.
- Note: See note under 459A.300.
- 459A.322 Recycling credits; reporting; rules.
- Note: See note under 459A.300.
- 459A.325 Recycling fee for manufacturer participating in state contractor program.
- Note: See note under 459A.300.
- 459A.330 Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception.
- Note: See note under 459A.300.
- 459A.335 Requirements for sale of covered electronic devices by retailers; retailer s duty to consumers regarding information about recycling covered electronic devices.
- Note: The amendments to 459A.335 by section 7, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459A.335. (1) A retailer may not sell or offer for sale any covered electronic device, except for computer peripherals, in or for delivery into this state unless: (a) The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; (b) The brand is included on the list posted by the Department of Environmental Quality pursuant to ORS 459A.340 (1); and (c) The list posted by the department pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance with the requirements of ORS 459A.305 to 459A.355. (2) A retailer shall provide to a consumer at the time of the sale of a covered electronic device information from the department s website that provides details about where and how a consumer can recycle covered electronic devices in Oregon. The information shall be provided in printed form for in-store sales and in printable form for Internet sales and other sales where the Internet is involved.
- Note: See note under 459A.300.
- 459A.340 Duties of department; surcharge.
- Note: The amendments to 459A.340 by section 8, chapter 548, Oregon Laws 2011, become operative January 1, 2015. See section 11, chapter 548, Oregon Laws 2011. The text that is operative on and after January 1, 2015, is set forth for the user s convenience.
- 459A.340. The Department of Environmental Quality shall: (1) Maintain and make available on its website the following lists, which must be updated by the first day of each month: (a) A list of registered manufacturers and their brands; (b) A list of brands for which no manufacturer has registered; and (c) A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355. (2) Review and approve manufacturer plans that comply with ORS 459A.320 and are submitted annually by manufacturers choosing to implement a manufacturer program for recycling covered electronic devices. (3)(a) Determine the return share and return share by weight for each calendar year for each manufacturer. The return share shall be determined by dividing the total weight of covered electronic devices of that manufacturer s brands by the total weight of covered electronic devices for all manufacturers brands. The return share by weight shall be determined by multiplying the return share for each such manufacturer by the total weight in pounds of covered electronic devices, including orphan devices and computer peripherals, as determined by the department. (b) For each manufacturer except those specified in paragraph (c) of this subsection, determine the return share and return share by weight for calendar years through 2011 based on the best available public return share data and public weight data from within the United States for covered electronic devices from covered entities. For subsequent years, the return share of covered electronic devices for each manufacturer shall be based on the most recent annual sampling or count of covered electronic devices. For subsequent years, the total weight in pounds of covered electronic devices shall be based on the total weight of covered electronic devices, including orphan devices and computer peripherals, as determined by the department. (c) For each manufacturer whose manufacture of covered electronic devices as defined in ORS 459A.305 (4)(a)(C) exceeds its manufacture of covered electronic devices as defined in ORS 459A.305 (4)(a)(A) and (B), determine the return share and return share by weight based on the total return share and return share by weight determined under paragraph (a) of this subsection for all manufacturers described in this paragraph, allocated according to each manufacturer s percentage of the total number of covered electronic devices described in ORS 459A.305 (4)(a)(C) sold in this state the previous calendar year. The department: (A) May use national market data, retail and manufacturer data, consumer research and other data to determine the percentages described in this paragraph. The department may also require that manufacturers submit sales or other data regarding the number of the manufacturer s covered electronic devices sold in Oregon. Manufacturers must submit any data required by the department in the format requested by the department. (B) May assess a surcharge to the annual registration fee for manufacturers described in this paragraph if the department determines that the surcharge is necessary to cover any additional costs to the department in making the determinations described in this paragraph. The department must allocate any assessed surcharge to the manufacturer as a percentage of the manufacturer s return share determined pursuant to this paragraph. (d) By May 1 of each year, provide to each manufacturer that had a return share determined under this section its return share and its return share by weight for the following year. (4) Establish a state contractor program for the collection, transportation and recycling of covered electronic devices from covered entities in this state. The state contractor program shall: (a) To the extent practicable, use existing local collection, transportation and recycling infrastructure; (b) Utilize environmentally sound management practices to collect, transport and recycle covered electronic devices; (c) Provide for covered entities, free of charge, convenient and available collection services and sites for covered electronic devices in both rural and urban areas; (d) Advertise and promote collection opportunities statewide and on a regular basis; and (e) Conduct a statistically significant sampling or actual count of the covered electronic devices, except for computer peripherals, collected and recycled by the state contractor program during each calendar year using a methodology approved by the department and prepare a report no later than March 1 of the following calendar year that includes: (A) A list of all brands identified during the sampling or count; (B) The weight of covered electronic devices identified for each brand during the sampling or count; and (C) The total weight of covered electronic devices, including orphan devices and computer peripherals, collected from covered entities in the state by the state contractor program during the previous calendar year. (5) Determine a manufacturer s annual registration fee for purposes of ORS 459A.315 (2) using national market data prorated for Oregon based on statewide population. (6) Determine the recycling fee to be paid under ORS 459A.325 by each manufacturer that participates in the state contractor program established pursuant to subsection (4) of this section. The department shall determine the recycling fees based on the manufacturer s annual return share and return share by weight as determined under subsection (3) of this section. (7) Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers. (8) Report biennially to the Legislative Assembly on the operation of the statewide system for collection, transportation and recycling of covered electronic devices.
- Note: See note under 459A.300.
- 459A.345 Rules.
- Note: See note under 459A.300.
- 459A.350 Disposition of fees.
- Note: See note under 459A.300.
- 459A.355 Covered Electronic Devices Account; interest; uses.
- Note: See note under 459A.300.
- 459A.360 Evaluation by department of certain federal laws.
- Note: See note under 459A.300.
- 459A.365 City and county regulation of collection of solid waste.
- Note: See note under 459A.300. (State Agencies)
- 459A.475 Legislative findings; policy.
- Note: 459A.475 to 459A.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459A.480 State agency recycling program; requirements; training.
- Note: See note under 459A.475.
- 459A.485 System and procedures for separation and collection of solid waste; rules; exemption.
- Note: See note under 459A.475.
- 459A.490 Paper conservation.
- Note: See note under 459A.475. (Newsprint and Directories)
- 459A.500 Definitions for ORS 459A.500 to 459A.520.
- 459A.505 Minimum recycled content for newsprint.
- 459A.510 Report to consumer of amount of post-consumer waste in shipment.
- 459A.515 Annual report to department; content.
- 459A.520 Minimum recycled content for directories.
- 459A.550 Report on use of new and recycled glass; minimum percentage of recycled glass required.
- 459A.552 Recycling and recovery of used oil; goal.
- Note: 459A.552 to 459A.599 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459A.554 Reduction, reuse and recovery of used oil.
- Note: See note under 459A.552.
- 459A.555 Definitions for ORS 459A.552 to 459A.599.
- Note: See note under 459A.552.
- 459A.560 Legislative findings.
- Note: See note under 459A.552.
- 459A.565 Used oil to be collected and recycled.
- Note: See note under 459A.552.
- 459A.570 Used oil information center; public education.
- Note: See note under 459A.552.
- 459A.575 Oil recycling information to be posted; rules.
- Note: See note under 459A.552.
- 459A.580 Prohibited disposal of used oil.
- Note: See note under 459A.552.
- 459A.585 Enforcement powers of commission.
- Note: See note under 459A.552.
- 459A.590 Use, management, disposal and resource recovery; rules.
- Note: See note under 459A.552.
- 459A.595 Use for dust suppression or as herbicide.
- Note: See note under 459A.552.
- 459A.599 Short title.
- Note: See note under 459A.552. (Compost)
- 459A.600 Compost defined.
- 459A.605 Rules for purchase of compost and sewage sludge by state.
- 459A.610 [1991 c.385 22; repealed by 1993 c.560 107]
- 459A.615 Programs to use compost and sewage sludge.
- 459A.620 Use of compost or sewage sludge by state agencies given priority.
- 459A.630 Motor vehicle mercury light switches.
- Note: 459A.630 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Plastics)
- 459A.650 Definitions for ORS 459A.650 to 459A.665.
- 459A.655 Minimum reuse, recycled material or recycled content for rigid plastic containers.
- 459A.657 Recycling rate; hearings on decreased rate.
- 459A.660 Manufacturer records; certification by package manufacturer; exempt containers.
- 459A.665 Opportunity to recycle rigid plastic containers.
- 459A.675 Definitions for ORS 459A.675 to 459A.685.
- Note: 459A.675 to 459A.695 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459A.680 Labeling requirements for rigid plastic bottles and containers.
- Note: See note under 459A.675.
- 459A.685 Prohibition on manufacture of rigid plastic bottles or containers without label.
- Note: See note under 459A.675.
- 459A.695 Requirement for retail establishment supplying plastic bags for customer use.
- Note: See note under 459A.675. (Architectural Paint Stewardship Pilot Program)
- Note: Sections 1 to 11, 13 and 14, chapter 777, Oregon Laws 2009, provide:
- Sec. 1. Findings.
- Sec. 2. Definitions.
- Sec. 3. Participation in architectural paint stewardship pilot program.
- Sec. 4. Architectural paint stewardship pilot program.
- Sec. 5. Conduct authorized.
- Sec. 6. Reports.
- Sec. 7. Data disclosure.
- Sec. 8. Orders and actions.
- Sec. 9. Administrative fees.
- Sec. 10. Product Stewardship Fund.
- Sec. 11. Report to Legislative Assembly.
- Sec. 13. Repeal.
- Sec. 14. Transfer.
- 459A.700 Definitions for ORS 459A.700 to 459A.740.
- 459A.702 Applicability of ORS 459A.700 to 459A.740.
- 459A.705 Refund value.
- 459A.710 Practices required of dealers and distributors.
- 459A.712 Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers.
- 459A.715 Refusal of dealer or distributor to accept or pay refund in certain cases; notice.
- 459A.720 Indication of refund value; exception; prohibition of certain metal containers and plastic container holders.
- 459A.725 Certification of containers as reusable by more than one manufacturer; rules.
- 459A.730 Decision upon certification applications; review and withdrawal of certifications.
- 459A.735 Redemption centers.
- 459A.737 Redemption center pilot project; convenience zones; rules.
- 459A.740 Certification and withdrawal procedures.
- 459A.750 Recycling and waste reduction component of curriculum; teacher s guide; informational materials.
- Note: 459A.750 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. FOOD PACKAGING REGULATION
- 459A.775 State agency defined.
- Note: 459A.775 to 459A.785 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 459A.780 Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions.
- Note: See note under 459A.775.
- 459A.785 Effective recycling program; standards for determining.
- Note: See note under 459A.775. _______________
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