2013 Oregon Revised Statutes
Volume : 11 - Public Health, Housing, Environment
Chapter 459A - Reuse and Recycling
Section 459A.840 - Conduct authorized; supervision by Department of Environmental Quality; rules.
(1) It is the intent of this section that a stewardship organization operating an architectural paint stewardship pilot program pursuant to ORS 459A.820 to 459A.855, approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is granted immunity from federal and state antitrust laws for the limited purpose of establishing and operating an architectural paint stewardship pilot program. The activities of the stewardship organization that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provisions of ORS 646.705 to 646.826 or federal antitrust laws.
(2) The department shall actively supervise the conduct of the stewardship organization, including but not limited to conduct related to payments made by architectural paint producers to the stewardship organization for the architectural paint stewardship assessment specified in ORS 459A.827. The department may require the stewardship organization to take whatever action the department considers necessary to:
(a) Ensure that the stewardship organization is engaging in conduct authorized under this section;
(b) Ensure that the policies of this state are being fulfilled by an architectural paint stewardship pilot program; and
(c) Enjoin conduct that is not authorized by the department or conduct that the department finds does not advance the interests of this state in carrying out the architectural paint stewardship pilot program.
(3) The Director of the Department of Environmental Quality may designate employees of the department to carry out the responsibility of actively supervising the conduct of the stewardship organization.
(4) The Environmental Quality Commission may adopt rules to carry out the purposes of this section. [2009 c.777 §5]
Note: See note under 459A.820.
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