2017 ORS 459A.340¹
Duties of department
  • surcharge

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 (Definitions for ORS 459A.305 to 459A.355) to 459A.355 (Covered Electronic Devices Account).

(2) Review and approve manufacturer plans that comply with ORS 459A.320 (Manufacturer program plan) 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 (Definitions for ORS 459A.305 to 459A.355) (4)(a)(C) exceeds its manufacture of covered electronic devices as defined in ORS 459A.305 (Definitions for ORS 459A.305 to 459A.355) (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 (Definitions for ORS 459A.305 to 459A.355) (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 (Registration by manufacturer) (2) using national market data prorated for Oregon based on statewide population.

(6) Determine the recycling fee to be paid under ORS 459A.325 (Recycling fee for manufacturer participating in state contractor program) 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. [2007 c.302 §10; 2010 c.38 §1; 2011 c.548 §8]

Note: See note under 459A.300 (Legislative findings).

(formerly 459.810 to 459.890)

Notes of Decisions

The “bottle bill” is a valid exercise of Oregon’s police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.