Reuse and Recycling

ORS 459A.840
Conduct authorized

  • supervision by Department of Environmental Quality
  • rules


(1)

It is the intent of this section that a stewardship organization operating an architectural paint stewardship program pursuant to ORS 459A.820 (Findings) to 459A.855 (Product Stewardship Fund), approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is granted immunity from federal and state antitrust laws for the limited purpose of establishing and operating an architectural paint stewardship program. The activities of the stewardship organization that comply with the provisions of this section may not be considered to be in restraint of trade, a conspiracy or combination or any other unlawful activity in violation of any provisions of ORS 646.705 (Definitions for ORS 136.617 and 646.705 to 646.805) to 646.826 (Counsel for persons testifying) or federal antitrust laws.

(2)

The department shall actively supervise the conduct of the stewardship organization, including but not limited to conduct related to payments made by architectural paint producers to the stewardship organization for the architectural paint stewardship assessment specified in ORS 459A.827 (Plan for architectural paint stewardship program). The department may require the stewardship organization to take whatever action the department considers necessary to:

(a)

Ensure that the stewardship organization is engaging in conduct authorized under this section;

(b)

Ensure that the policies of this state are being fulfilled by an architectural paint stewardship program; and

(c)

Enjoin conduct that is not authorized by the department or conduct that the department finds does not advance the interests of this state in carrying out the architectural paint stewardship program.

(3)

The Director of the Department of Environmental Quality may designate employees of the department to carry out the responsibility of actively supervising the conduct of the stewardship organization.

(4)

The Environmental Quality Commission may adopt rules to carry out the purposes of this section. [2009 c.777 §5; 2015 c.27 §51]
Note: See note under 459A.820 (Findings).
§§ 459A.700 to 459A.740

(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)

§§ 459A.005 to 459A.085

(formerly 459.165 to 459.200)

Law Review Citations

15 EL 387 (1985)


Source

Last accessed
Jun. 26, 2021