ORS 459A.830
Collection system for post-consumer architectural paint
- requirements
- exemptions
(1)
The convenient system for the collection of post-consumer architectural paint required under ORS 459A.827 (Plan for architectural paint stewardship program) (2) must ensure that:(a)
One permanent collection site exists for every 30,000 residents in this state.(b)
Ninety-five percent of the residents in this state are within 15 miles of a permanent collection site.(c)
For those geographically underserved areas where the population is not within 15 miles of a permanent collection site, at least one but no more than two collection events are held per year in each geographically underserved area.(2)
A stewardship organization is not required to comply with subsection (1)(b) of this section for a given geographic area if the stewardship organization is able to demonstrate that, after a good faith effort:(a)
The stewardship organization has been unable to identify an appropriate local government as defined in ORS 174.116 (“Local government” and “local service district” defined), collection service franchise holder under ORS 459A.085 (City, county authority to issue collection service franchises), person who provides collection service as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665) (3), or a retailer, in the geographic area to coordinate with to establish a permanent collection site; or(b)
The stewardship organization cannot reach feasible, reasonable and mutually agreeable terms with the appropriate local government, collection service franchise holder, person who provides collection service, or a retailer, in the geographic area for participation in the program as a permanent collection site.(3)
A stewardship organization shall make a good faith effort to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service for the promotion of and payment for a collection event under subsection (1)(c) of this section. If, after a good faith effort, the stewardship organization is unable to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service, the stewardship organization shall promote and pay for the collection event.(4)
A stewardship organization is not required to comply with subsection (1)(c) of this section for a given geographic area if the Director of the Department of Environmental Quality agrees with the stewardship organization that holding a collection event in that area will not be practicable or effective.(5)
For purposes of this section, a stewardship organization shall renegotiate a contract for the establishment of a permanent collection site once every two years unless another time frame is agreed to by the contracting parties. [2013 c.677 §4]
Source:
Section 459A.830 — Collection system for post-consumer architectural paint; requirements; exemptions, https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html.
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