Section 459A.168 - Amendments to mattress stewardship program plan; notice of changes to plan(1) A stewardship organization shall submit to the Department of Environmental Quality for approval an amendment to a plan that has been approved by the department under ORS 459A.165 if, at any time: (a) There is a substantial or material change, as provided for under ORS 459A.159 (1)(n), to the system for collecting discarded mattresses;(b) The stewardship organization proposes a change to the mattress stewardship assessment; or(c) The department requests an amendment to the plan in order to address a specific finding by the department that:(A) The administrative costs of the stewardship organization for the mattress stewardship program equaled 20 percent or more of the organization's total annual operating budget for the program during the prior calendar year; or(B) The unallocated reserve funds held by the stewardship organization for the mattress stewardship program during the prior calendar year equaled 75 percent or more of the organization's total annual operating budget for the program during the year.(2) The department may not request an amendment under subsection (1)(c) of this section until two years after the implementation of a mattress stewardship program by the stewardship organization.(3) Not less than once per month, a stewardship organization shall provide written notice to the department of any changes made during the previous month to a plan approved by the department under ORS 459A.165 that are changes for which an amendment is not required under subsection (1) of this section. Changes subject to notice under this subsection include, but are not limited to: (a) A change in the location or the number of permanent collection sites identified in the plan;(b) A change in the producers or renovators that are registered with the stewardship organization; or(c) A change in the recyclers or renovators that manage the discarded mattresses collected by the stewardship organization under the program.(4) If the department determines that a change for which notice was given under subsection (3) of this section has a material impact on a previously approved plan, the department may require the stewardship organization to submit an amendment under subsection (1) of this section, regardless of whether the change has been implemented.Added by 2022 Ch. 102, § 7