Or. Admin. Code § 340-098-0240 - Program Plans

(1) DEQ may require a prospective electronics producer responsibility organization to submit a letter of intent to DEQ declaring the electronics producer responsibility organization's intention to submit a program plan for the implementation of an electronics producer responsibility program.

(2) Unless directed otherwise by DEQ, an electronics producer responsibility organization must submit a program plan by July 1 in a given year for the implementation of an electronics producer responsibility program in the following calendar year. DEQ may reject a program plan if the program plan is not timely submitted.

(3) An electronics producer responsibility organization must provide in its electronics producer responsibility program plan information required by DEQ to evaluate how the electronics producer responsibility organization will implement an electronics producer responsibility program that complies with ORS 459A.305 to 459A.355. Such information can include information on coordination if multiple program plans are approved, public awareness, program financing, the provision of convenient and equitable service throughout the state, environmentally sound management practices, fair financial compensation to collection sites, and measurement and achievement of goals. Information that DEQ can require in a program plan includes but is not limited to:

(a) A single point of contact for the electronics producer responsibility organization for Oregon;

(b) The names of any electronics producer responsibility organizations that the prospective electronics producer responsibility organization will share collection sites with;

(c) How the electronics producer responsibility organization will comply with OAR 340-098-0250 and will provide fair financial compensation to collection sites calculated to cover the costs of collecting, storing, managing and transporting covered electronic devices, such as by offering:

(A) Compensation rates necessary to ensure that a collection site can operate in an area where a collection site is required to meet convenient service under statute, with consideration for how the collection site can support the area being served and provide environmentally sound management practices;

(B) Comparable compensation rates for collection sites that operate in similar geographic areas;

(C) Compensation to cover costs for conducting sorting according to the product categories in OAR 340-098-0265 and to provide for environmentally sound management practices, although an electronics producer responsibility organization may offer incentives to conduct additional sorting or to improve program efficiency; and

(D) Compensation informed by recommendations or results of collection site compensation studies conducted under OAR 340-098-0250.

(d) How the electronics producer responsibility organization will measure public awareness across the state and in minority, lower-income, rural and other historically underserved communities, such as through statistically significant surveys that oversample for underserved communities;

(e) Milestones, timelines, and deliverables on implementation;

(f) What steps or any changes the electronics producer responsibility organization will take that ensure the electronics producer responsibility organization meets plan requirements and program goals;

(g) How the electronics producer responsibility organization will provide convenient and equitable service throughout the state, including:

(A) the list of collection sites that have committed in writing to collect covered electronic devices under the electronics producer responsibility program and

(B) if the electronics producer responsibility organization will share a collection site with another electronics producer responsibility organization, which collection site will be shared with another electronics producer responsibility organization and which electronics producer responsibility organization will be primarily responsible for servicing, managing, and compensating the collection site;

(h) Information on how collection sites and other collection services will offer convenient and equitable service throughout Oregon, such as whether collectors offer consistent business hours, the hours of operation for such collectors, and language and physical accessibility considerations;

(i) How the electronics producer responsibility organization will address any issues of noncompliance or nonperformance to ensure the electronics producer responsibility organization implements the electronics producer responsibility program according to the electronics producer responsibility organization's approved plan; and

(j) The entity that the electronics producer responsibility organization will designate as a coordinating body if multiple plans are approved.

(4) DEQ may reject an electronics producer responsibility program plan if a prospective electronics producer responsibility organization did not represent at least five percent of all manufacturer obligations in a previous year and cannot demonstrate to DEQ's satisfaction that the prospective electronics producer responsibility organization can represent at least five percent of manufacturer obligations for the upcoming year.

Notes

Or. Admin. Code § 340-098-0240

DEQ 1-2025, adopt filed 01/09/2025, effective 1/9/2025

Statutory/Other Authority: ORS 468.020, 468.065 & 459A.345

Statutes/Other Implemented: ORS 459A.320