1. (1) For purposes of OAR Chapter 340, Division 98:

   1. (a) “DEQ” means the Department of Environmental Quality.
   2. (b) “Fiscal year” means the period beginning on July 1 of any year and ending on June 30 of the next year.
2. (2) Terms used in OAR 340-098-0100 through 340-098-0200 have the meaning provided in ORS 459A.305. Definitions for additional terms used in OAR 340-098-0100 through 340-098-0200 are in sections (3) and (4).

3. (3) As used in OAR 340-098-0100 to OAR 340-098-0200:

   1. (a) “Market share” means the percentage of the total number of units of covered electronic devices sold in or into Oregon the previous calendar year or most recent four quarters for which data is available, as determined by DEQ.
   2. (b) “Revenue need” means the total amount of revenue DEQ must collect in registration fees in order for the registration fees to approximately match DEQ’s projected costs for implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340(4).

4. (4) As used in OAR 340-098-0230 to OAR 340-098-0270:

   1. (a) “Collection site” means a collector that, notwithstanding any premium services offered, accepts all categories, types and brands of covered electronic devices at no charge to covered entities.

   2. (b) “Computer monitor” includes:

      1. (A) A cathode-ray tube monitor;
      2. (B) A flatscreen monitor; or
      3. (C) A touchscreen monitor.

   3. (c) “Desktop computer” includes:

      1. (A) A thin client;
      2. (B) A mini, single-board, or small form factor personal computer; or
      3. (C) An all-in-one computer.
   4. (d) “Covered electronic device materials” means a covered electronic device, a component of a covered electronic device, or a material from a covered electronic device.
   5. (e) “Final disposition” means the point beyond which no further processing or refurbishing occurs and covered electronic device materials have been sold as whole units of covered electronic devices for reuse; disposed of; or processed into recycled materials for a market.
   6. (f) “Market share” means a manufacturer’s percentage of all registered covered electronic devices by weight sold within a product category during a specified time period.

   7. (g) “Peripheral” means:

      1. (A) A keyboard, mouse or other device sold exclusively for external use with a covered electronic device as a wireless or corded device that provides input into, or output from, a covered electronic device, including:

         1. (i) A controller for a covered electronic device, such as a game controller, a joystick, or a flight simulation controller;
         2. (ii) A docking station;
         3. (iii) Headphones or ear buds;
         4. (iv) A standalone speaker intended for use with covered electronic devices, but not a speaker intended for amplifiers or sound systems;
         5. (v) An external drive;
         6. (vi) A digital or media streaming device;
         7. (vii) A web camera;
         8. (viii) A headset; or
         9. (ix) A power adapter charger.
      2. (B) Cords used with a keyboard, mouse or other device described in subparagraph 4(g)(A) of this rule.

   8. (h) “Portable computer” includes:

      1. (A) A laptop;
      2. (B) A tablet; or

      3. (C) An e-reader.

         1. (i) “Processor” means a person who recycles or otherwise processes covered electronic device materials derived from collected covered electronic devices.
   9. (j) “Refurbish” means to repair a used covered electronic device in order to restore or improve the covered electronic device so that the device may be used for the same purpose for which it was originally designed.
   10. (k) “Service provider or downstream vendor” means a person, including a collector, processor, refurbisher, or broker, receiving a covered electronic device or covered electronic device materials from the time the covered electronic device is collected by an electronics producer responsibility program through final disposition of the covered electronic device materials in that covered electronic device.
5. (5) Terms used in OAR 340-098-0300 to OAR 340-098-0390 have the meanings provided in ORS 459A.200 and ORS 459A.209.

Statutory/Other Authority

ORS 468.020, 468.065 & 459A.345

Statutes/Other Implemented

ORS 459A.305 & 459A.315

History

DEQ 1-2025, amend filed 01/09/2025, effective 01/09/2025
DEQ 18-2020, amend filed 09/21/2020, effective 09/21/2020
DEQ 4-2012, f. & cert. ef. 6-26-12