1. (1) Class I:

   1. (a) Failing to register or become a member of a producer responsibility organization;
   2. (b) Failing to establish a required producer responsibility organization coordination body if needed;
   3. (c) Failing to substantially implement a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ;
   4. (d) Delivering, or allowing to be delivered, commingled recyclables to a commingled recycling processing facility that does not hold a valid permit issued by DEQ, hold a valid certificate, or meet the requirements of a permit or certificate for a commingled recycling facility; or
   5. (e) Failing to update a producer responsibility program plan or to take actions specified in a producer responsibility program plan to meet plastic recycling goals.

2. (2) Class II:

   1. (a) Failing to submit a plan, study, notification, report, or other required information to DEQ, unless otherwise classified;
   2. (b) Failing to implement one or more elements of a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ;
   3. (c) Accepting or promoting for acceptance into a commingled recycling program a material that is not identified on the uniform statewide collection list for collection as part of the commingled recycling program or as part of a trial or research program;
   4. (d) Failing to provide the opportunity to recycle as required by OAR chapter 340, division 90;
   5. (e) Accepting or promoting for acceptance into a collection program for yard debris or food waste or a compost facility, by a person that operates or controls a collection program for yard debris of food waste or that operates or controls a compost facility, a material that cannot or will not be effectively composted; or
   6. (f) Violating any otherwise unclassified requirement related to ORS 459A.860 to 459A.975 or related rules.

Statutory/Other Authority

ORS 459A.860 - 459A.975

Statutes/Other Implemented

ORS 459A.860 - 459A.975

History

DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024