Section 459A.875 - Producer responsibility program plan(1) A producer responsibility organization shall submit to the Department of Environmental Quality, in a form and manner prescribed by the department, a plan for the development and implementation of a producer responsibility program.(2) Using objective and measurable criteria whenever possible, a producer responsibility program plan must: (a) Describe how the producer responsibility organization will manage and administer a producer responsibility program to meet the organization's obligations under ORS 459A.860 to 459A.975, including a description of how the organization will:(A) Support the collection and recycling of covered products that are included on the uniform statewide collection list or as necessary to meet the statewide plastic recycling goal established under ORS 459A.926.(B) Provide for the collection of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b) and meet convenience and performance standards for those covered products.(C) Maximize the use of existing infrastructure.(D) Ensure the responsible management of covered products identified in ORS 459A.869 (7) and other contaminants collected with those covered products.(E) Establish, calculate and charge membership fees, including incentives, as described in ORS 459A.884.(F) Encourage producers to make continual reductions in the environmental and human health impacts of covered products through a graduated fee structure as described in ORS 459A.884.(G) Ensure that covered products identified in ORS 459A.869 (7) and collected for recycling, and contaminants collected with those covered products, are managed and disposed of consistent with the goals, standards and practices required by ORS 459A.860 to 459A.975.(H) Ensure that covered products collected for recycling will be transferred to responsible end markets, including: (i) The type and general locations of responsible end markets that may use the material collected from covered products in the manufacture of new products;(ii) Whether any of those responsible end markets are certified for environmental and social sustainability by certification programs approved by the commission under ORS 459A.955;(iii) How the organization will follow the hierarchy of materials management options described in ORS 459.015 (2);(iv) How the organization will ensure that responsible management is maintained through to final disposition of the covered product; and(v) Arrangements the producer responsibility organization has made with processors to ensure that covered products identified in ORS 459A.914 are recycled at a responsible end market, including any investment intended to be made to support processors.(I) Ensure that any material that will be marketed for use through a method other than mechanical recycling will be transferred to a responsible end market, including:(i) A description of how the proposed method will affect the ability of the material to be recycled into feedstock for the manufacture of new products;(ii) A description of how the proposed method will affect the types and amounts of plastic recycled for food and pharmaceutical-grade applications;(iii) A description of any applicable air, water and waste permitting compliance requirements; and(iv) An analysis of the environmental impacts for the proposed method compared to the environmental impacts of mechanical recycling, incineration and landfill disposal as solid waste.(J) Provide public outreach and education, including:(i) A communications program for responding to questions involving the uniform statewide collection list and recycling services provided under ORS 459A.896;(ii) Outreach to local governments to ensure information is accurate and consistent across this state; and(iii) Statewide promotional campaigns as described in ORS 459A.893.(b) Identify and provide contact information for the producer responsibility organization and identify each producer registered with the proposed program.(c) Describe the structure of the producer responsibility organization, including the management structure and roles and functions of committees.(d) Describe how the producer responsibility organization will communicate and coordinate with the department, the Oregon Recycling System Advisory Council, local governments, local governments' service providers, processors and any other producer responsibility organizations and the topics of communication or coordination.(e) Describe a process, including the process timeline, for how the producer responsibility organization will resolve any disputes involving compensation of local governments and local governments' service providers under ORS 459A.890 and disputes involving commingled recycling processing facilities under ORS 459A.920 and 459A.923.(f) Include projections on recycling rates for plastic.(g) Describe any efforts the producer responsibility organization will make to support collection, processing or responsible recycling of specifically identified materials, including: (A) Any efforts to support or provide recycling depot or mobile collection of specifically identified materials;(B) Any efforts to use education and promotion to encourage proper participation in recycling collection of specifically identified materials;(C) Any investments to support the successful processing of specifically identified materials;(D) Any efforts to develop or support responsible end markets for specifically identified materials; and(E) Any other efforts to ensure successful and responsible recycling of specifically identified materials.(h) Describe the membership fee structure of the producer responsibility organization, including a schedule of the membership fees actually charged to members.(i) Demonstrate that the membership fees collected by the producer responsibility organization will provide adequate revenue to fund all costs associated with the producer responsibility program.(j) For any program plan submitted by a producer responsibility organization following its initial program plan, describe how adjustments to membership fees offered in response to the requirements of ORS 459A.884 have been modified in order to meet the objectives described in paragraph (a)(F) of this subsection and ORS 459A.884 or in response to any evaluation conducted under ORS 459A.887 during the time period covered by the prior program plan.(k) Describe how the producer responsibility organization will provide funding to allow local governments to protect ratepayers from increased costs associated with the processing and marketing of recyclables identified in ORS 459A.914. (l) Include a process for promptly notifying the department, the Oregon Recycling System Advisory Council and producers of potential noncompliance with the requirements of ORS 459A.860 to 459A.975 by a producer or producer responsibility organization.(m) Describe reserve funds or other contingency plans for responding to changes in markets or other circumstances that could affect the effectiveness of the program, including the amount of funds in reserve and a description of what contingencies those reserve funds will be sufficient to address.(n) Include a closure plan to settle the affairs of the producer responsibility organization that ensures that producers will continue to meet their obligations in the event of dissolution of the organization and that describes a process for notifying the department, the Oregon Recycling System Advisory Council and local governments of the dissolution. The closure plan must include sufficient reserve funds to allow the producer responsibility organization to satisfy all obligations until such time as producer members have joined a different producer responsibility organization.(o) Include methods for advance funding, reimbursements and making payments to local governments or local governments' service providers under ORS 459A.890.(p) Describe how the producer responsibility organization will implement the requirements of ORS 459A.890 (6) by establishing:(A) A schedule for implementing collection program expansions and improvements throughout this state;(B) A method for determining funding or reimbursement amounts under ORS 459A.890 (6), consistent with rules adopted by the commission by rule; and(C) The total amount of funds that will be made available to local governments under ORS 459A.890 (6) each year.(q) Include any other information required by the department to determine that a producer responsibility organization is capable of meeting its obligations and ensuring the outcomes required under ORS 459A.860 to 459A.975.(3) Upon approval of the plan or a plan amendment by the department, a producer responsibility organization must implement the approved plan or plan amendment. Section 59, chapter 681, Oregon Laws 2021, provides:
Sec. 59. (1) A producer responsibility organization shall first submit a producer responsibility program plan to the Department of Environmental Quality under section 6 of this 2021 Act [459A.875] no later than March 31, 2024.
(2) A producer responsibility organization shall first implement an approved producer responsibility program plan no later than July 1, 2025. [2021 c. 681, § 59]