ORS 459A.920
Contamination management fee
- rules
(1)
The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposing covered products that are contaminants. The amount of the fee shall be based on the result of the study conducted under subsection (2) of this section. Rules adopted under this section must:(a)
Provide that payment of the fee may not be required more frequently than once per month and must be paid within 45 days of a request for payment;(b)
Provide that the fee may not be based on commingled recycling originating outside of Oregon; and(c)
Establish a review process to ensure that the fee is appropriately charged.(2)
The Department of Environmental Quality shall contract with an independent organization to conduct the study under this subsection. The study must:(a)
Estimate the cost to commingled recycling processing facilities of removing and disposing of covered products that are contaminants, reported as the cost per ton of covered products; and(b)
Estimate the costs to commingled recycling processing facilities of removing and disposing of all contaminants, reported as the cost per ton of all contaminants.(3)
A commingled recycling processing facility that does not participate in the review process described in subsection (1) of this section or the study described in subsection (2) of this section is not eligible to receive a contamination management fee.(4)
Any proprietary information provided to the department under subsection (1) of this section or to a person conducting a study under subsection (2) of this section may be designated confidential by a commingled recycling processing facility. Information designated confidential is not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), except that information may be disclosed as summarized or aggregated data if doing so does not directly or indirectly disclose the proprietary information of any specific facility.(5)
The department shall review the contamination management fee at least once every five years. The department may not review the contamination management fee more frequently than once per year. [2021 c.681 §24]
Source:
Section 459A.920 — Contamination management fee; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html.
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