74th OREGON LEGISLATIVE ASSEMBLY-…

                                 74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session



                                                       A-Engrossed
                                              House Bill 2626
                                                   Ordered by the House April 12
                                            Including House Amendments dated April 12

     Sponsored by Representatives DINGFELDER, BRUUN; Representative READ


                                                             SUMMARY
     The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
     to consideration by the Legislative Assembly. It is an editors brief statement of the essential features of the
     measure.

          Establishes statewide system administered by Department of Environmental Quality for col-
     lection, transportation and recycling of certain electronic devices. Requires manufacturers of cov-
     ered electronic devices to register for participation in manufacturer program or contractor program.
     Requires manufacturer or group of manufacturers to provide collection sites. Directs department to
     provide consumer information explaining system for recycling covered electronic devices. Requires
     retailers to display and provide consumers with information on system for recycling covered elec-
     tronic devices.
          Prohibits charging of fee for collection of covered electronic devices, with exception for collec-
     tors who provide premium service.
          Authorizes Environmental Quality Commission to adopt rules to implement system for recycling
     covered electronic devices.
          Establishes Covered Electronic Devices Account. Continuously appropriates moneys in
     account to Department of Environmental Quality to pay costs of implementing recycling
     system and enforcing disposal prohibitions.
          Imposes civil penalty for disposal of, or knowingly accepting for disposal, covered electronic
     devices at solid waste disposal site. Imposes civil penalties for other violations of provisions related
     to collection and recycling of electronic devices.
          Declares emergency, effective on passage.

 1                                                   A BILL FOR AN ACT
 2   Relating to recycling of electronic devices; creating new provisions; amending ORS 459.247 and
 3        459.995; appropriating money; and declaring an emergency.
 4   Be It Enacted by the People of the State of Oregon:
 5
 6                                                           FINDINGS
 7
 8        SECTION 1. The Legislative Assembly finds that:
 9        (1) It is necessary to encourage the design of electronic devices that are more resource-
10   efficient, more recyclable and less environmentally toxic;
11        (2) The development and availability of a statewide system that conveniently serves both
12   urban and rural areas of Oregon for the collection, transportation and recycling of electronic
13   devices is in the best interest of the state; and
14        (3) A statewide collection, transportation and recycling system should be financed by the
15   manufacturers of those electronic devices.
16
17                                                         DEFINITIONS
18
19        SECTION 2. As used in sections 2 to 13 of this 2007 Act:


     NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
     New sections are in boldfaced type.

     LC 3054
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 1      (1) "Brand" means a name, symbols, words or marks that identify a covered electronic
 2   device, rather than any of its components, and attribute the device to the owner of the brand
 3   as the manufacturer.
 4      (2) "Collector" means an entity that collects covered electronic devices as part of a
 5   manufacturer program or the state contractor program.
 6      (3)(a) "Covered electronic device" means:
 7      (A) A computer monitor of any type having a viewable area greater than four inches
 8   measured diagonally;
 9      (B) A desktop computer or portable computer; or
10      (C) A television of any type having a viewable area greater than four inches measured
11   diagonally.
12      (b) "Covered electronic device" does not include:
13      (A) Any part of a motor vehicle;
14      (B) Any part of a larger piece of equipment designed and intended for use in an indus-
15   trial, commercial or medical setting, such as diagnostic, monitoring or control equipment;
16      (C) Telephones or personal digital assistants of any type unless the telephone or personal
17   digital assistant contains a viewable area greater than four inches measured diagonally; or
18      (D) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven,
19   conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.
20      (4) "Covered entity" means any Oregon household, a business that employs 10 or fewer
21   individuals, a not-for-profit organization exempt from taxation under section 501(c)(3) of the
22   Internal Revenue Code that employs 10 or fewer individuals, or any person giving seven or
23   fewer covered electronic devices to a collector at any one time.
24      (5) "Environmentally sound management practices" means practices that comply with
25   all applicable laws, including but not limited to adequate record keeping, tracking the fate
26   of recycled materials, performance audits and inspections, provisions for reuse and
27   refurbishment, compliance with worker health and safety requirements, maintaining liability
28   insurance and financial assurances and practices that may be adopted by rule by the Envi-
29   ronmental Quality Commission.
30      (6)(a) "Manufacturer" means any person, irrespective of the selling technique used, in-
31   cluding by means of remote sale:
32      (A) That manufactures covered electronic devices under a brand that it owns or is li-
33   censed to use;
34      (B) That sells covered electronic devices manufactured by others under a brand that the
35   seller owns;
36      (C) That manufactures covered electronic devices without affixing a brand;
37      (D) That manufactures covered electronic devices to which it affixes a brand that it does
38   not own; or
39      (E) On whose account covered electronic devices manufactured outside the United States
40   are imported into the United States. This subparagraph does not apply if, at the time the
41   covered electronic devices are imported into the United States, another person is registered
42   as the manufacturer of the brand of the covered electronic devices.
43      (b) "Manufacturer" does not include a person with a license to manufacture covered
44   electronic devices for delivery exclusively to or at the order of the licenser.
45      (7) "Manufacturer program" means a statewide plan for collecting, transporting and re-


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 1   cycling covered electronic devices that is provided by a single manufacturer or group of
 2   manufacturers pursuant to section 5 of this 2007 Act.
 3       (8) "Orphan device" means a covered electronic device for which no manufacturer can
 4   be identified.
 5       (9) "Person" means the United States, the state or a public or private corporation, local
 6   government unit, public agency, individual, partnership, association, firm, trust, estate or
 7   other legal entity.
 8       (10) "Portable computer" means any of the following that has a viewable area greater
 9   than four inches measured diagonally and that can be carried as one unit by an individual:
10       (a) A laptop computer;
11       (b) A notebook computer; or
12       (c) A notepad computer.
13       (11) "Premium service" means services such as at-location system upgrade services and
14   at-home pickup services, including curbside pickup service.
15       (12)(a) "Recycling" means:
16       (A) Processing through disassembling, dismantling, shredding, transforming or remanu-
17   facturing covered electronic devices, components and by-products into usable or marketable
18   raw materials or products in a manner such that the original products may lose their iden-
19   tity; or
20       (B) Smelting materials from components removed from covered electronic devices to re-
21   cover metals for reuse in conformance with applicable laws and rules.
22       (b) "Recycling" does not include:
23       (A) Landfill disposal or incineration of covered electronic devices; or
24       (B) Energy recovery or energy generation by means of combusting covered electronic
25   devices, components and by-products with or without other waste.
26       (13) "Retailer" means a person that offers new covered electronic devices for sale at re-
27   tail through any means, including but not limited to remote offerings such as sales outlets,
28   catalogs or the Internet.
29       (14) "Return share" means the minimum percentage of covered electronic devices that
30   an individual manufacturer is responsible for collecting, transporting and recycling.
31       (15) "Return share by weight" means the minimum total weight of covered electronic
32   devices that an individual manufacturer is responsible for collecting, transporting and recy-
33   cling.
34       (16)(a) "Sell" or "sale" means any transfer of title for consideration, including but not
35   limited to remote sales conducted through sales outlets, catalogs or the Internet, or any
36   other similar electronic means.
37       (b) "Sell" or "sale" does not include leases.
38       (17) "State contractor program" means a statewide program for collecting, transporting
39   and recycling covered electronic devices that is provided by the Department of Environ-
40   mental Quality for manufacturers who pay a recycling fee to the department pursuant to
41   section 7 of this 2007 Act.
42
43                                           MANUFACTURERS
44
45       SECTION 3. (1) Sections 2 to 13 of this 2007 Act apply to all manufacturers engaging in


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 1   the activities set forth in section 2 (6) of this 2007 Act before, on or after the effective date
 2   of this 2007 Act.
 3      (2) Sections 2 to 13 of this 2007 Act do not apply to reused or refurbished covered elec-
 4   tronic devices.
 5      (3) A manufacturer may not sell or offer for sale any covered electronic device in or for
 6   delivery in this state unless:
 7      (a) The covered electronic device is labeled with a brand and the label is permanently
 8   affixed and readily visible; and
 9      (b) The brand is included in the plan that is filed with the Department of Environmental
10   Quality pursuant to section 5 of this 2007 Act.
11      SECTION 4. (1) Before January 1 of each year, a manufacturer of covered electronic de-
12   vices sold or offered for sale in this state shall register with the Department of Environ-
13   mental Quality, for a period to cover the upcoming calendar year, on a form provided by the
14   department. The registration shall include:
15      (a) A list of all the brands manufactured, sold or imported by the manufacturer, includ-
16   ing those brands being offered for sale in this state by the manufacturer.
17      (b) A statement of whether the manufacturer will be implementing a manufacturer pro-
18   gram or utilizing the state contractor program for recycling covered electronic devices.
19      (c) Any other information required by the department to implement sections 2 to 13 of
20   this 2007 Act.
21      (2)(a) Not later than July 1 of each year, a manufacturer of covered electronic devices
22   sold or offered for sale in this state shall pay an annual registration fee to the department.
23      (b) For calendar years 2008 through 2011, the manufacturer registration fee shall be:
24      (A) $15,000 for manufacturers selling more than one percent of the total number of units
25   of covered electronic devices sold in this state the previous calendar year.
26      (B) $5,000 for manufacturers selling at least 0.1 percent but not more than one percent
27   of the total number of units of covered electronic devices sold in this state the previous
28   calendar year.
29      (C) $200 for manufacturers selling at least 0.01 percent but less than 0.1 percent of the
30   total number of units of covered electronic devices sold in this state the previous calendar
31   year.
32      (D) $40 for manufacturers selling less than 0.01 percent of the total number of units of
33   covered electronic devices sold in this state the previous calendar year.
34      (c) For calendar years 2012 and beyond, the Environmental Quality Commission may
35   modify the registration fees under this section so that the total of registration fees collected
36   approximately matches the departments costs in implementing sections 2 to 13 of this 2007
37   Act, excluding costs incurred under section 10 (4) of this 2007 Act.
38      (3)(a) If a manufacturer ceases to manufacture, sell or import covered electronic devices
39   and covered electronic devices manufactured, sold or imported by the manufacturer are
40   collected for recycling under a manufacturer program or the state contractor program, the
41   manufacturer shall register with the department and pay a registration fee of $250.
42      (b) Any manufacturer described in paragraph (a) of this subsection to which the depart-
43   ment provides notification of a return share and return share by weight and that has not
44   previously filed a registration shall, within 30 days of receiving the notification, file a regis-
45   tration with the department and pay to the department a registration fee of $250.


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 1       SECTION 5. (1) A manufacturer choosing to implement a manufacturer program shall
 2   submit a plan to the Department of Environmental Quality at the time of payment of the
 3   annual registration fee required under section 4 of this 2007 Act.
 4       (2) The manufacturers plan must describe how the manufacturer will:
 5       (a) Finance, manage and conduct a statewide program to collect covered electronic de-
 6   vices from covered entities in this state.
 7       (b) Provide for environmentally sound management practices to collect, transport and
 8   recycle covered electronic devices.
 9       (c) Provide for advertising and promotion of collection opportunities statewide and on a
10   regular basis.
11       (d) Include convenient service in every county in this state and at least one collection
12   site for any city with a population of at least 10,000. A collection site for a county may be
13   the same as a collection site for a city in the county. Collection sites shall be staffed and
14   open to the public at a frequency adequate to meet the needs of the area being served. A
15   program may provide collection service jointly with another program.
16       (3) A manufacturer choosing to implement a manufacturer program shall:
17       (a) Meet or exceed the requirements for collection sites described in subsection (2) of this
18   section.
19       (b) Provide for collection, transportation and recycling of covered electronic devices for
20   covered entities free of charge, except that a manufacturer that provides premium service
21   for a covered entity may charge for the additional cost of that premium service.
22       (c) Implement the plan required under this section.
23       (4) A group of manufacturers may choose to implement a manufacturer program as one
24   entity, if in doing so the manufacturers meet the sum of their individual return shares by
25   weight under section 10 (3) of this 2007 Act and that sum is at least five percent.
26       (5) By July 1 of each year, a manufacturer that does not meet its return share by weight
27   for the previous calendar year shall pay the department for the amount not achieved at a
28   rate determined by the department to be equivalent to the amount the manufacturer would
29   have paid, plus 10 percent, to be part of the state contractor program under section 10 of this
30   2007 Act.
31       (6) A manufacturer participating in the state contractor program under section 10 of this
32   2007 Act shall notify the department at the time of its registration each year.
33       (7) Except as provided in subsection (4) of this section, a manufacturer with less than a
34   five percent return share is required to participate in the state contractor program under
35   section 10 of this 2007 Act.
36       SECTION 6. Section 5 of this 2007 Act is amended to read:
37       Sec. 5. (1) A manufacturer choosing to implement a manufacturer program shall submit a plan
38   to the Department of Environmental Quality at the time of payment of the annual registration fee
39   required under section 4 of this 2007 Act.
40       (2) The manufacturers plan must describe how the manufacturer will:
41       (a) Finance, manage and conduct a statewide program to collect covered electronic devices from
42   covered entities in this state.
43       (b) Provide for environmentally sound management practices to collect, transport and recycle
44   covered electronic devices.
45       (c) Provide for advertising and promotion of collection opportunities statewide and on a regular


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                                          A-Eng. HB 2626


 1   basis.
 2       (d) Include convenient service in every county in this state and at least one collection site for
 3   any city with a population of at least 10,000. A collection site for a county may be the same as a
 4   collection site for a city in the county. Collection sites shall be staffed and open to the public at a
 5   frequency adequate to meet the needs of the area being served. A program may provide collection
 6   service jointly with another program.
 7       (3) A manufacturer choosing to implement a manufacturer program shall:
 8       (a) Meet or exceed the requirements for collection sites described in subsection (2) of this sec-
 9   tion.
10       (b) Provide for collection, transportation and recycling of covered electronic devices for covered
11   entities free of charge, except that a manufacturer that provides premium service for a covered en-
12   tity may charge for the additional cost of that premium service.
13       (c) Implement the plan required under this section.
14       (d) Conduct a statistically significant sampling or actual count of the covered electronic
15   devices collected and recycled by the manufacturer each calendar year using a methodology
16   approved by the department. The manufacturer shall report the results of the sampling or
17   count to the department no later than March 1 of the following calendar year. The report
18   must include:
19       (A) A list of all brands identified during the sampling or count by the manufacturer;
20       (B) The weight of covered electronic devices identified for each brand during the sampl-
21   ing or count; and
22       (C) The total weight of covered electronic devices, including orphan devices, collected
23   from covered entities in the state by the manufacturer during the previous calendar year.
24       (e) By March 1 of each year, provide a report to the department that details how the plan
25   required under this section was implemented during the previous calendar year.
26       (4) A group of manufacturers may choose to implement a manufacturer program as one entity,
27   if in doing so the manufacturers meet the sum of their individual return shares by weight under
28   section 10 (3) of this 2007 Act and that sum is at least five percent.
29       (5) By July 1 of each year, a manufacturer that does not meet its return share by weight for the
30   previous calendar year shall pay the department for the amount not achieved at a rate determined
31   by the department to be equivalent to the amount the manufacturer would have paid, plus 10 per-
32   cent, to be part of the state contractor program under section 10 of this 2007 Act.
33       (6) A manufacturer participating in the state contractor program under section 10 of this 2007
34   Act shall notify the department at the time of its registration each year.
35       (7) Except as provided in subsection (4) of this section, a manufacturer with less than a five
36   percent return share is required to participate in the state contractor program under section 10 of
37   this 2007 Act.
38       SECTION 7. By September 1 of each year, a manufacturer that participates in the state
39   contractor program shall pay a recycling fee to the Department of Environmental Quality in
40   an amount determined by the department under section 10 (6) of this 2007 Act to cover the
41   costs of collecting, transporting and recycling the manufacturers annual return share of
42   covered electronic devices for the following year.
43       SECTION 8. (1) Except as authorized in subsection (2) of this section, a manufacturer
44   program, the state contractor program or a collector participating in a manufacturer pro-
45   gram or the state contractor program may not charge a fee to covered entities for the col-


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 1   lection, transportation or recycling of covered electronic devices.
 2       (2) A collector that provides a premium service to a covered entity may charge for the
 3   additional cost of providing the premium service.
 4
 5                                             RETAILERS
 6
 7       SECTION 9. (1) A retailer may not sell or offer for sale any covered electronic device in
 8   or for delivery into this state unless:
 9       (a) The covered electronic device is labeled with a brand and the label is permanently
10   affixed and readily visible;
11       (b) The brand is included on the list posted by the Department of Environmental Quality
12   pursuant to section 10 (1) of this 2007 Act; and
13       (c) The list posted by the department pursuant to section 10 (1) of this 2007 Act specifies
14   that the manufacturer is in compliance with the requirements of sections 2 to 13 of this 2007
15   Act.
16       (2) A retailer shall provide to a consumer at the time of the sale of a covered electronic
17   device information from the departments website that provides details about where and how
18   a consumer can recycle covered electronic devices in Oregon. The information shall be pro-
19   vided in printed form for in-store sales and in printable form for Internet sales and other
20   sales where the Internet is involved.
21
22                       DEPARTMENT OF ENVIRONMENTAL QUALITY AND
23                            ENVIRONMENTAL QUALITY COMMISSION
24
25       SECTION 10. The Department of Environmental Quality shall:
26       (1) Maintain and make available on its website the following lists, which must be updated
27   by the first day of each month:
28       (a) A list of registered manufacturers and their brands;
29       (b) A list of brands for which no manufacturer has registered; and
30       (c) A list that identifies which manufacturers are in compliance with sections 2 to 13 of
31   this 2007 Act.
32       (2) Review and approve manufacturer plans that comply with section 5 of this 2007 Act
33   and are submitted annually by manufacturers choosing to implement a manufacturer pro-
34   gram for recycling covered electronic devices.
35       (3)(a) Determine the return share and return share by weight for each calendar year for
36   each manufacturer. The return share shall be determined by dividing the total weight of
37   covered electronic devices of that manufacturers brands by the total weight of covered
38   electronic devices for all manufacturers brands. The return share by weight shall be deter-
39   mined by multiplying the return share for each such manufacturer by the total weight in
40   pounds of covered electronic devices, including orphan devices, collected from covered enti-
41   ties the previous calendar year.
42       (b) For 2008 and 2009, determine the return share and return share by weight for each
43   manufacturer based on the best available public return share data and public weight data
44   from within the United States for covered electronic devices from covered entities. For
45   subsequent years, the return share of covered electronic devices for each manufacturer shall


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 1   be based on the most recent annual sampling or count of covered electronic devices. For
 2   subsequent years, the total weight in pounds of covered electronic devices shall be based on
 3   the total weight of covered electronic devices, including orphan devices, determined by the
 4   department.
 5      (c) By May 1 of each year, provide to each manufacturer that had a return share deter-
 6   mined under this section its return share and its return share by weight for the following
 7   year.
 8      (4) Establish a state contractor program for the collection, transportation and recycling
 9   of covered electronic devices from covered entities in this state. The state contractor pro-
10   gram shall:
11      (a) To the extent practicable, use existing local collection, transportation and recycling
12   infrastructure;
13      (b) Utilize environmentally sound management practices to collect, transport and recycle
14   covered electronic devices;
15      (c) Provide for covered entities, free of charge, convenient and available collection ser-
16   vices and sites for covered electronic devices in both rural and urban areas;
17      (d) Advertise and promote collection opportunities statewide and on a regular basis; and
18      (e) Conduct a statistically significant sampling or actual count of the covered electronic
19   devices collected and recycled by the state contractor program during each calendar year
20   using a methodology approved by the department and prepare a report no later than March
21   1 of the following calendar year that includes:
22      (A) A list of all brands identified during the sampling or count;
23      (B) The weight of covered electronic devices identified for each brand during the sampl-
24   ing or count; and
25      (C) The total weight of covered electronic devices, including orphan devices, collected
26   from covered entities in the state by the state contractor program during the previous cal-
27   endar year.
28      (5) Determine a manufacturers annual registration fee for purposes of section 4 (2) of
29   this 2007 Act using national market data prorated for Oregon based on statewide population.
30      (6) Determine the recycling fee to be paid under section 7 of this 2007 Act by each man-
31   ufacturer that participates in the state contractor program established pursuant to sub-
32   section (4) of this section. The department shall determine the recycling fees as follows:
33      (a) For each manufacturer except those described in paragraph (b) of this subsection, the
34   department shall determine the recycling fee based on the manufacturers annual return
35   share and return share by weight as determined under subsection (3) of this section.
36      (b) For each manufacturer whose manufacture of covered electronic devices as defined
37   in section 2 (3)(a)(C) of this 2007 Act exceeds its manufacture of covered electronic devices
38   as defined in section 2 (3)(a)(A) and (B) of this 2007 Act, the department shall determine the
39   recycling fee based on the total return share and return share by weight determined under
40   subsection (3) of this section of all manufacturers described in this paragraph, allocated ac-
41   cording to each manufacturer s percentage of the total number of covered electronic devices
42   described in section 2 (3)(a)(C) of this 2007 Act sold in this state the previous calendar year.
43   The department may use national sales data to determine the percentages. The department
44   may assess a surcharge on the annual registration fee for manufacturers described in this
45   paragraph to pay any added costs to the department in making the determinations.


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 1       (7) Maintain on its website information on collection opportunities for covered electronic
 2   devices, including collection site locations and hours. The information must be made avail-
 3   able in a printable format for retailers.
 4       (8) Report biennially to the Legislative Assembly on the operation of the statewide sys-
 5   tem for collection, transportation and recycling of covered electronic devices.
 6       SECTION 11. The Environmental Quality Commission may adopt rules as necessary to
 7   implement sections 2 to 13 of this 2007 Act.
 8       SECTION 12. Fees collected by the Department of Environmental Quality under sections
 9   2 to 13 of this 2007 Act shall be deposited in the State Treasury to the credit of the Covered
10   Electronic Devices Account established under section 13 of this 2007 Act.
11       SECTION 13. The Covered Electronic Devices Account is established separate and dis-
12   tinct from the General Fund. Interest earned by the account shall be credited to the account.
13   Moneys in the account are continuously appropriated to the Department of Environmental
14   Quality and may be used only to pay the costs of implementing sections 2 to 13 of this 2007
15   Act and enforcing the prohibition in ORS 459.247 relating to disposal of covered electronic
16   devices.
17       SECTION 14. (1) The Department of Environmental Quality shall evaluate any federal law
18   that establishes a national program for the collection and recycling of electronic devices.
19       (2) If the department determines that the federal law substantially meets or exceeds the
20   requirements and intent of sections 2 to 13 of this 2007 Act, the department shall include
21   information on the federal law in the next biennial report to the Legislative Assembly pur-
22   suant to section 10 of this 2007 Act.
23       SECTION 14a. Sections 2 to 13 of this 2007 Act do not supersede any authority under ORS
24   chapter 459 or 459A for cities and counties to regulate the collection of solid waste.
25
26                                         DISPOSAL PROHIBITION
27
28       SECTION 15. ORS 459.247 is amended to read:
29       459.247. (1) No person shall dispose of and no disposal site operator shall knowingly accept for
30   disposal the following types of solid waste at a solid waste disposal site:
31       (a) Discarded or abandoned vehicles;
32       (b) Discarded large home or industrial appliances;
33       (c) Used oil;
34       (d) Tires; [or]
35       (e) Lead-acid batteries[.]; or
36       (f) Covered electronic devices.
37       (2) As used in this section[,]:
38       (a) "Covered electronic device" has the meaning given that term in section 2 of this 2007
39   Act; and
40       (b) "Used oil" has the meaning given that term in ORS 459A.555.
41       (3) Nothing in this section shall prohibit a disposal site operator from accepting and storing, for
42   purposes of recycling or recovering, any of the types of solid waste listed in subsection (1) of this
43   section.
44       (4) The Environmental Quality Commission may postpone the prohibition under sub-
45   section (1)(f) of this section in any area of this state where the commission determines there


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 1   is an inadequate system for the collection, transportation and recycling of covered electronic
 2   devices.
 3       (5)(a) Each disposal site operator shall establish and implement, in accordance with any
 4   permit requirements established by the Department of Environmental Quality, a program
 5   reasonably designed to prevent acceptance of covered electronic devices for disposal. If an
 6   operator operates the disposal site in conformity with the program, the operator is presumed
 7   to have complied with the provisions of this section that prohibit knowingly accepting cov-
 8   ered electronic devices for disposal.
 9       (b) This section does not prevent the disposal site operator from accepting and storing,
10   for purposes of recycling, reusing or refurbishing, covered electronic devices.
11
12                                               PENALTIES
13
14       SECTION 16. ORS 459.995 is amended to read:
15       459.995. (1) Except as provided in subsection (2) of this section, in addition to any other penalty
16   provided by law:
17       (a) Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.705 to 459.790,
18   459A.005 to 459A.620, 459A.675 to 459A.685 or 646.845 or sections 3 to 9 of this 2007 Act, or any
19   rule or order of the Environmental Quality Commission pertaining to the disposal, collection, stor-
20   age or reuse or recycling of solid wastes, as defined by ORS 459.005, or any rule or order pertaining
21   to the disposal, storage or transportation of waste tires, as defined by ORS 459.705, or any rule or
22   order pertaining to the sale of novelty items that contain encapsulated liquid mercury, shall incur
23   a civil penalty not to exceed $10,000 a day for each day of the violation.
24       (b) Any person who violates the provisions of ORS 459.420 to 459.426 shall incur a civil penalty
25   not to exceed $500 for each violation. Each battery that is disposed of improperly shall be a separate
26   violation. Each day an establishment fails to post the notice required under ORS 459.426 shall be a
27   separate violation.
28       (c) For each day a city, county or metropolitan service district fails to provide the opportunity
29   to recycle as required under ORS 459A.005, the city, county or metropolitan service district shall
30   incur a civil penalty not to exceed $500 for each violation.
31       (2) Any product manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665
32   or any rule adopted under ORS 459A.650 to 459A.665 shall incur a civil penalty not to exceed $1,000
33   per day for each day of the violation. A violation of ORS 459A.650 to 459A.665 shall not be subject
34   to additional penalties under subsection (1) of this section.
35       (3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the
36   manner provided by ORS 468.135.
37       SECTION 17. ORS 459.995, as amended by section 16 of this 2007 Act, is amended to read:
38       459.995. (1) Except as provided in subsection (2) of this section, in addition to any other penalty
39   provided by law:
40       (a) Any person who violates ORS 459.205, 459.270, 459.272, 459.386 to 459.405, 459.705 to 459.790,
41   459A.005 to 459A.620, 459A.675 to 459A.685 or 646.845 or sections 3 to 9 of this 2007 Act, or any rule
42   or order of the Environmental Quality Commission pertaining to the disposal, collection, storage or
43   reuse or recycling of solid wastes, as defined by ORS 459.005, or any rule or order pertaining to the
44   disposal, storage or transportation of waste tires, as defined by ORS 459.705, or any rule or order
45   pertaining to the sale of novelty items that contain encapsulated liquid mercury, shall incur a civil


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                                           A-Eng. HB 2626


 1   penalty not to exceed $10,000 a day for each day of the violation.
 2       (b) Any person who violates the provisions of ORS 459.420 to 459.426 shall incur a civil penalty
 3   not to exceed $500 for each violation. Each battery that is disposed of improperly shall be a separate
 4   violation. Each day an establishment fails to post the notice required under ORS 459.426 shall be a
 5   separate violation.
 6       (c) For each day a city, county or metropolitan service district fails to provide the opportunity
 7   to recycle as required under ORS 459A.005, the city, county or metropolitan service district shall
 8   incur a civil penalty not to exceed $500 for each violation.
 9       (d) Any person who violates the provisions of ORS 459.247 (1)(f) shall incur a civil penalty
10   not to exceed $500 for each violation. Each covered electronic device that is disposed of im-
11   properly shall be a separate violation.
12       (2) Any product manufacturer or package manufacturer who violates ORS 459A.650 to 459A.665
13   or any rule adopted under ORS 459A.650 to 459A.665 shall incur a civil penalty not to exceed $1,000
14   per day for each day of the violation. A violation of ORS 459A.650 to 459A.665 shall not be subject
15   to additional penalties under subsection (1) of this section.
16       (3) Any civil penalty authorized by subsection (1) or (2) of this section shall be imposed in the
17   manner provided by ORS 468.135.
18
19                                            MISCELLANEOUS
20
21       SECTION 18. The unit captions used in this 2007 Act are provided only for the conven-
22   ience of the reader and do not become part of the statutory law of this state or express any
23   legislative intent in the enactment of this 2007 Act.
24       SECTION 19. (1) Section 9 (1) of this 2007 Act applies to covered electronic devices sold
25   by a retailer on or after January 1, 2009.
26       (2) The amendments to ORS 459.995 by section 16 of this 2007 Act apply to violations of
27   section 9 (1) of this 2007 Act occurring on or after January 1, 2009.
28       (3) The amendments to ORS 459.247 and 459.995 by sections 15 and 17 of this 2007 Act
29   become operative on January 1, 2010.
30       SECTION 20. The amendments to section 5 of this 2007 Act by section 6 of this 2007 Act
31   become operative on January 1, 2010.
32       SECTION 21. This 2007 Act being necessary for the immediate preservation of the public
33   peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
34   on its passage.
35




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