ORS 459A.878
Approval of producer responsibility program plan
(1)
Intentionally left blank —Ed.(a)
The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 (Producer responsibility program plan) or an amendment to a plan submitted under ORS 459A.881 (Producer responsibility program plan amendments) no later than 120 days after the date on which the department receives the plan or plan amendment from the producer responsibility organization. The department shall approve a plan or a plan amendment if the department determines to the satisfaction of the department that the plan or plan amendment complies with the requirements of ORS 459A.875 (Producer responsibility program plan). If the department rejects the plan or plan amendment, the department shall provide in writing the reason for the rejection.(b)
If the department rejects a plan or plan amendment under paragraph (a) of this subsection, the producer responsibility organization must submit a revised plan or revised plan amendment to the department no later than 60 days from the date of the rejection. The department shall either approve, approve with conditions or reject the revised plan or revised plan amendment no later than 90 days after receiving the revised plan or revised plan amendment. The department shall approve the revised plan or plan amendment if the department determines that the revised plan or plan amendment complies with the requirements of ORS 459A.875 (Producer responsibility program plan). If the department rejects the revised plan or revised plan amendment, the department shall provide in writing the reason for the rejection and:(A)
Direct changes to the revised plan or plan amendment; or(B)
Require the producer responsibility organization to submit a second revision no later than 60 days from the date of the rejection.(c)
If the department directs changes to a revised plan or plan amendment pursuant to paragraph (b)(A) of this subsection, the producer responsibility organization must implement the changes or request a hearing under ORS chapter 183.(d)
The department may bring an enforcement action if the department requires a second revision pursuant to paragraph (b)(B) of this subsection and:(A)
The second revision is not timely submitted; or(B)
The second revision does not, to the satisfaction of the department, comply with the requirements of ORS 459A.875 (Producer responsibility program plan).(e)
If a producer responsibility organization requests a hearing or is subject to enforcement pursuant to paragraph (c) or (d) of this subsection, the producer responsibility organization shall continue to implement a previously approved plan or, if there is no previously approved plan in place, implement a plan at the direction of the department until a plan is approved under this section.(2)
Before approving, approving with conditions or rejecting a plan or plan amendment under this section, the department shall solicit feedback on the plan or plan amendment from the Oregon Recycling System Advisory Council. The department must make the plan or plan amendment available for public comment for a period of not less than 30 days before approving, approving with conditions or rejecting the plan or plan amendment. The department must respond to the council’s written recommendations if received within 75 days of the date the department transmitted the plan or plan amendment to the council.(3)
A plan approved by the department under this section is valid for three years. The department’s rejection of a plan or plan amendment submitted for approval under this section does not relieve the producer responsibility organization from continuing to implement the producer responsibility program in compliance with the approved plan pending a final action by the department on the plan amendment.(4)
No less than 180 days before a plan approved under this section expires, a producer responsibility organization shall submit a plan to be approved under this section for an additional four years. A plan submitted for approval under this subsection must satisfy the requirements of ORS 459A.875 (Producer responsibility program plan) and describe any substantive changes from the previously approved plan. Until a plan submitted under this subsection is approved, the previously approved plan remains in effect. [2021 c.681 §7](b)
If the department rejects a plan or plan amendment under paragraph (a) of this subsection, the producer responsibility organization must submit a revised plan or revised plan amendment to the department no later than 60 days from the date of the rejection. The department shall either approve, approve with conditions or reject the revised plan or revised plan amendment no later than 90 days after receiving the revised plan or revised plan amendment. The department shall approve the revised plan or plan amendment if the department determines that the revised plan or plan amendment complies with the requirements of ORS 459A.875 (Producer responsibility program plan). If the department rejects the revised plan or revised plan amendment, the department shall provide in writing the reason for the rejection and:(A)
Direct changes to the revised plan or plan amendment; or(B)
Require the producer responsibility organization to submit a second revision no later than 60 days from the date of the rejection.(c)
If the department directs changes to a revised plan or plan amendment pursuant to paragraph (b)(A) of this subsection, the producer responsibility organization must implement the changes or request a hearing under ORS chapter 183.(d)
The department may bring an enforcement action if the department requires a second revision pursuant to paragraph (b)(B) of this subsection and:(A)
The second revision is not timely submitted; or(B)
The second revision does not, to the satisfaction of the department, comply with the requirements of ORS 459A.875 (Producer responsibility program plan).(e)
If a producer responsibility organization requests a hearing or is subject to enforcement pursuant to paragraph (c) or (d) of this subsection, the producer responsibility organization shall continue to implement a previously approved plan or, if there is no previously approved plan in place, implement a plan at the direction of the department until a plan is approved under this section.(2)
Before approving, approving with conditions or rejecting a plan or plan amendment under this section, the department shall solicit feedback on the plan or plan amendment from the Oregon Recycling System Advisory Council. The department must make the plan or plan amendment available for public comment for a period of not less than 30 days before approving, approving with conditions or rejecting the plan or plan amendment. The department must respond to the council’s written recommendations if received within 75 days of the date the department transmitted the plan or plan amendment to the council.(3)
A plan approved by the department under this section is valid for five years. The department’s rejection of a plan or plan amendment submitted for approval under this section does not relieve the producer responsibility organization from continuing to implement the producer responsibility program in compliance with the approved plan pending a final action by the department on the plan amendment.(4)
No less than 180 days before a plan approved under this section expires, a producer responsibility organization shall submit a plan to be approved under this section for an additional five years. A plan submitted for approval under this subsection must satisfy the requirements of ORS 459A.875 (Producer responsibility program plan) and describe any substantive changes from the previously approved plan. Until a plan submitted under this subsection is approved, the previously approved plan remains in effect.
Source:
Section 459A.878 — Approval of producer responsibility program plan, https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html.
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