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Oregon Electronics Recycling Program (OERP) …
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Created: Mon Jun 9 11:09:41 2008
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Oregon Electronics Recycling Program (OERP)
Guide for Manufacturer Programs
Manufacturers must provide a program for collection, transportation, and recycling of
covered electronic devices for covered entities free of charge.
1. Program Options
There are three types of programs a manufacturer may be able to participate in:
a) State contractor program. A manufacturer with less than a five percent return
share is required to participate in the state contractor program. All manufacturers
are participants in the state contractor program unless they can meet the
qualifications for the individual or group manufacturer program.
Land Quality Division
b) Individual manufacturer program. A manufacturer with a minimum of five Oregon Electronics
percent return share is allowed to submit a plan and, when approved, implement Recycling Program
a program. A representative for the manufacturer (an authorized party) would be 811 SW 6th Avenue
Portland, OR 97204
identified for the plan. Phone: (503) 229-6103
c) Group manufacturer program. A group of manufacturers may choose to (800) 452-4011
Fax: (503) 229-6977
implement a manufacturer program as one entity, if in doing so the Contact: Kathy Kiwala
manufacturers meet the sum of their individual return shares by weight and that www.oregon.gov/DEQ
sum is at least five percent. This qroup could submit a plan and, when approved, Last Updated: 6/9/08
08-LQ-081
implement a program. A representative for the group plan (an authorized party)
would be identified for the plan.
2. Date to Indicate Program Intention
A manufacturer must notify DEQ of its program choice by July 1 in 2008 and 2009, and at the time of its
registration for every year thereafter.
3. Program Plan Dates
a) A manufacturer choosing to implement a manufacturer program shall submit a plan to the Department
of Environmental Quality (DEQ) at the time of payment of the annual registration fee, by July 1 of each
year.
b) Plans are to be developed based on a calendar year, submitted and approved annually. See Section 6
of this document for approval schedule.
c) Programs are to be fully operational starting on January 1 of each year.
4. What Must Be Included in the Plan
The plan must address how it will conduct a statewide program for collection, transportation, and recycling of
covered electronic devices for covered entities free of charge.
a) The plan should ensure that:
1) The requirements for collection sites (Collection System Standards) must be met or exceeded; and
2) Collection from covered entities must be free of charge, except that a manufacturer that provides
premium service (as described in the Collection System Standards) for a covered entity may charge for
the additional cost of that premium service.
b) The manufacturer's plan must describe how the manufacturer will address the following:
1. Financing. Provide sufficient information to show that either a legal obligation to pay has been
established or that adequate budgeting and planning has been developed to provide payment of
contractors and subcontractors, provide for other program functions (e.g. sampling, management,
recordkeeping, promotion, etc.), and assess charges to manufacturers in a group plan (if applicable).
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2. Management. Describe how the overall day-to-day management of the program will be handled,
including the functions of oversight, management of contracts, record keeping, reporting, and
inspection/audit functions. Identify key persons and structure (contractual or other).
3. Operation. Describe the statewide program/system to collect covered electronic devices from
covered entities in this state. Be sure to address:
i) Collection sites and services. Describe how the plan will meet the requirements of ORS
459A.320 (2)b and (2)c:
a. How those will be chosen for each area (e.g. use of local infrastructure, businesses, and
services);
b. Location and contact information for sites per county/city;
c. Description and contact information for services per county/city;
d. Days and hours of operation for each site/service; and
e. Types of CEDs collected at each site/service. If site or service does not collect all products,
describe need and request approval.
ii) Reuse opportunities.
a. Describe how reuse will be addressed in promotion and outreach plans;
b. Describe any reuse opportunities which may be provided by the plan, if applicable. Provide
name, contact info, physical location for each reuse operation used, and types of CEDs reused
at each facility; and
c. Describe any reuse opportunities which may be planned for future years, if applicable.
iii) Transportation. Provide the name and contact information for logistics manager; a listing of
transporters to be used; counties and cities where the transporter provides service for the plan; and
types of CEDs transported.
iv) Recyclers. Provide the name, contact info, physical location for each recycler used, term of
contact (start/end dates), types of CEDs recycled at each facility, and a description of processes
and methods that each recycler will use to recycle the CEDs. If consolidation points will be utilized,
list the same information.
4. Environmentally-sound management practices. Describe how you will ensure the collectors,
transporters, and recyclers will meet Environmentally-Sound Management Practices (EMPs) or similar
standards. If another set of standards will be used, please describe in sufficient detail to show that the
standards are equal or better than the EMPs.
5. Education & outreach. Describe how the plan will advertise and promote collection for recycling
and reuse opportunities statewide and on a regular basis. Include specifics for any toll-free numbers or
Web sites or other planned methods that provide information about the manufacturer's program in
sufficient detail to allow covered entities to learn how to return their CEDs for recycling or reuse.
6. Coordination. Describe steps which will be taken to ensure coordination, correct allocation of return
share weight, promotion, etc. if providing a collection service jointly with another program.
7. Return share by weight obligations. Describe how the manufacturer intends to meet their return
share by weight. Address how collecting more or less than the obligated return share will be handled.
8. Recordkeeping. Describe the data tracking and accounting system that will be established and
maintained to track the CED returns for recycling that go through the manufacturer program from each
collection point and to each recycler for processing into raw materials that are to be recovered into
separate "streams" as appropriate to generate value, minimize waste, and enable safe management
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through to final disposition. Recordkeeping includes accounting and reporting systems that will be used
to track progress toward the program's return share.
9. Sampling. The manufacturer, its authorized subcontractor, or an independent third-party designated
by DEQ must conduct an auditable, statistically significant sampling of CEDs entering the recycling
system using a methodology provided by DEQ. The sampling will typically occur at recycling or
consolidation points, but may occur at collection points (only if needed). The contractor shall assure
reasonable access to CEDs for the purpose of sampling or examining materials.
10. Implementation timeline. Provide a timeline which includes start-up, implementation, and progress
towards milestones and anticipated results.
11. For group programs only, provide:
i) Contact information for the authorized representative of the program, including name, address,
phone number and email;
ii) A list of all manufacturers participating in the plan and the contact information for their
responsible official;
iii) A signed letter from each participating manufacturer designating the plan as their program; and
iv) A proposal for assessing charges and apportioning costs for manufacturers participating in the
plan. Include what data or information will be used.
12. For individual and group manufacturer programs, provide:
a. A written statement, signed by the authorized representative, binding the manufacturer(s):
i) To use the program with the intention of the manufacturer to fulfill its return share by weight
through operation of its own plan, either individually or with other manufacturers;
ii) To complying with the terms and conditions of the DEQ approved plan,
iii) That in the event the plan fails to meet manufacturers' obligations for return share etc., the
manufacturer retains responsibility and financial liability for the collection, transportation,
processing, and recycling of the return share.
b. Contact information for the authorized representative of the program, including name, address,
phone number, and email.
5. Additional Requirements of Manufacturer Programs
In addition to developing and implementing the plan, sampling must be conducted, an annual report must be
filed, and collection site and service information must be provided to DEQ.
a) Sampling. Manufacturer plans must conduct a statistically significant sampling or actual count of the
covered electronic devices collected and recycled each calendar year, beginning in 2010. The
methodology will be provided by or approved by DEQ. The manufacturer shall report the results of the
sampling or count to the department no later than March 1 of the following calendar year. The report
must include:
i) A list of all brands identified during the sampling or count by the manufacturer;
ii) The weight of covered electronic devices identified for each brand during the sampling or count;
and
iii) The total weight of covered electronic devices, including orphan devices, collected from covered
entities in the state by the manufacturer during the previous calendar year.
b) Annual report. By March 1 of each year, provide a report to DEQ that details how the plan required
under this section was implemented during the previous calendar year. See Section 15 of this
document on Annual Reports.
c) Collection service and site information. Provide collection service and site details, including location,
hours and dates, and types of CEDs collected to DEQ for posting on its Web site or other promotional
uses.
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6. Manufacturer Plan Submittal and Approval Process
a) Use any plan templates, lists, letters, or forms which are provided.
b) Submit two paper copies and a writable electronic file.
c) Submit to DEQ by July 1 of each year.
d) Within 30 days, DEQ will determine if the plan complies with the law. DEQ may ask for additional
information or clarification during the review of a plan. DEQ will determine if the plan is:
A) Approved. If approved, DEQ will send a letter of approval to the authorized party via certified
mail. The approval letter will include an expiration date for the plan.
B) Disapproved. If disapproved, DEQ will send a letter of disapproval to the authorized party via
certified mail. The disapproval letter will provide DEQ's reasons for not approving the plan.
(i) The authorized party must submit a new or revised plan within 30 days after receipt of the
disapproval letter.
(ii) DEQ then has an additional 30 days to review the new or revised plan.
e) Plans are approved on an annual basis.
f) Plans must be approved by October 1 in order for an individual or group manufacturer plan to be
implemented in the following year.
7. Approval Criteria
DEQ will consider the following when reviewing a plan for approval:
a) The plan submittal dates were met;
b) The plan meets the requirements in the law, including representing five percent return share;
c) The plan contains all of the information required by the law and as detailed in Section 4 of this
document, and provides descriptive information sufficient to allow DEQ to determine that the
implementation of the plan will be in compliance with the law;
d) Prior year(s)' performance, when applicable; and
e) The plan, when implemented, would meet or exceed required Collection System Standards and
Environmentally-Sound Management Practices.
8. Implementation
a) The authorized party of each plan approved for a program year must implement the plan no later than
January 1 of that year.
b) All manufacturers registered as of January 1, 2009, and every year thereafter, must be participating in a
fully operational, DEQ-approved plan as of January 1 of that year.
c) The authorized party must notify DEQ if any of the manufacturers listed as a participant in a group plan
are not meeting their requirements as described in the approved plan. DEQ may or may not consider
that information if the individual manufacturer or the group plan become liable for enforcement or
penalties.
9. Updates and Revisions to Manufacturer Plans
The authorized party must update or revise the plan in the following situations:
a) For annual renewal;
b) The plan has failed to provide services; or
c) Plan updates or revisions are required.
10. Failure to Provide Service
a) Failure to provide service means implementation of the plan fails to do any of the following:
i) Provide service in each county in the state;
ii) Provide service in each city or town with a population of 10,000 or greater; or
iii) Meet other plan requirements.
b) If the authorized party of a plan, through implementation of the plan, fails to provide service in each
Oregon county, provide a site in each city with a population of 10,000 or greater, or meet other plan
requirements, the authorized party must submit an updated plan to DEQ within 60 days of failing to
provide service.
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i) The updated plan must address how the program will be adjusted to meet the program
geographic coverage and collection service requirements established in the law.
ii) When determining if the authorized party fails to provide service, DEQ will consider the
collection services requirements in the law as described in the Collection System Standards,
with covered parties' reports of satisfaction or by comparing return weights or counts from
different yet comparable sites or services.
11. Updates and Revisions Process
The authorized party must submit a plan revision for certain significant/non-significant plan revisions to DEQ
within 60 days of any changes to the plan or receiving notice from DEQ that an update is required.
a) When submitting a plan revision, the authorized party may submit only the sections or chapters related
to the revision.
b) Non-significant revisions that must be submitted but DEQ approval is not required are: management
structure or contact person change, transporter change, collection site or service change,
recycler/consolidation point change, EMP standard change (as long as the standards do not drop below
the minimum requirements), and promotion plan changes. DEQ does not need to approve non-
significant revisions prior to implementation.
c) Significant revisions that must be submitted and DEQ approval is required are: any changes to the
EMPs, collection site or service change, promotion plan which causes a drop below the minimum
requirements, or member change in group program. DEQ must approve the significant revisions prior to
implementation.
12. Approval Process for Revisions and Updates
Within 30 days after receipt of a plan revision or update requiring approval, DEQ will determine whether the
plan complies with the law. DEQ will apply the same approval criteria used to approve plans (see Section 7 of
this document). DEQ will determine if the revision or update is:
a) Approved. If approved, DEQ will send a letter of approval to the authorized party via certified mail. The
approval letter will include an expiration date for the plan.
b) Disapproved. If disapproved, DEQ will send a letter of disapproval to the authorized party via certified
mail. The disapproval letter will provide DEQ's reasons for not approving the plan.
i) The authorized party must submit a plan revision or plan update within 30 days after receipt of the
letter of disapproval.
(ii) DEQ then has an additional 30 days to review the revised revision or plan update.
13. Changing Plan Participation
a) After July 1, no manufacturer may change plans for the upcoming program year.
b) If DEQ does not approve the submitted plan or plan update by October 1, for the upcoming program
year the manufacturer(s) will be a participant in the state contractor program and pay recycling fees
within 30 days.
14. Plan Compliance
a) By July 1 of each year, a manufacturer that does not meet its return share by weight for the previous
calendar year shall pay DEQ for the amount not achieved at a rate determined by DEQ to be equivalent
to the amount the manufacturer would have paid, plus 10 percent, to be part of the state contractor
program.
b) If an individual or group manufacturer program fails to meet its return share by weight obligations by a
significant amount and fails to perform significant plan responsibilities for two consecutive years or
program financial obligations for one year, plan member(s) will become participants in the state
contractor program.
c) Manufacturers who do not meet their program financial obligations or plan responsibilities in their
approved plan are in violation with the law. Enforcement and penalties will be as described in ORS
459.995 and in Section 16 of this document.
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15. Annual Reports
By March 1 of each year, beginning in 2010, manufacturers must provide a report to DEQ that details how the
plan was implemented during the previous calendar year. DEQ will review the report and notify the authorized
party of any deficiencies that need to be addressed.
1) Annual Report Content. The annual report must include the following information:
a) The total weight in pounds of CEDs, including orphans, for the preceding program year including
documentation verifying collection and recycling of that material for:
(i) CEDs collected, reported by county and collection site or service, not including CEDs screened off
for reuse and refurbishment;
(ii) CEDs recycled, reported by each recycler;
(iii) Weight, number of truckloads, and size of truckloads of CEDs transported from each collection
site to consolidation points (if used) and to each recycler; and
(iv) Final destination at which CEDs and materials of concern become raw materials that are to be
recovered into separate "streams" as appropriate to generate value, minimize waste, and enable safe
management through to final disposition.
b) The total weight in pounds or count by type of CEDs sent for reuse or refurbishment.
c) The collection services provided in each county and for each city with a population of 10,000 or greater
including a list of all collection sites and services operating in the state in the prior program year and the
parties who operated them.
d) Recycler information:
(i) A list of all direct recyclers used;
(ii) The weight of CEDs processed by each direct recycler;
(iii) A description of the processes and methods used by each direct recycler to process the CEDs
including a description of the processing and facility locations; and
(iv) A report of compliance audits for all direct recyclers listed in the authorized party's approved plan,
including copies of compliance audit reports or other documentation to demonstrate or certify that the
direct recyclers meet either the Environmentally Sound Management Practices or another standard
that is as good or better.
e) A description of educational and promotional efforts that were undertaken to inform covered entities
about where and how to reuse and recycle their CEDs;
f) The results of the previous year's sampling;
g) For group plans: the list of manufacturers that are participating in the plan;
h) Signature of the authority or the authorized party; and
i) Any other clarifying information deemed necessary by DEQ to determine compliance with the plan.
(2) Submittal. The authorized party must submit:
(a) One electronic copy in a format usable by DEQ that allows electronic editing and commenting;
(b) Two paper copies mailed or delivered to the following address: E-Waste Program, Department of
Environmental Quality, Land Quality Division (E-Waste), 811 SW 6th Ave, Portland, OR 97204, and
(c) All reports must use any reporting templates provided by DEQ.
(3) Review and approval. DEQ will review each report within 60 days of receipt and will notify the authorized
party of any need for additional information or documentation, or any deficiency in its report.
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(a) Within five business days of receipt of the report, DEQ will notify the authorized party that the report has
been received and it is under review.
(b) If DEQ determines that there are no deficiencies in the report, a written notice of approval will be sent via
certified mail.
(c) If DEQ determines that additional information is needed or deficiencies need correction, the authorized
party must submit the additional information DEQ within 30 days of receipt of the notice.
16. Violations and Penalties
Manufacturers who do not meet their program financial obligations or plan responsibilities in their approved
plan are in violation with the law. Enforcement and penalties will be a civil penalty not to exceed $10,000 a day
for each day of the violation.
17. Schedule
Oct 15-Dec 31, 2007: Manufacturers indicate intent of recycling program choice for 2009 on registration
form.
May 1, 2008: DEQ notifies each manufacturer of return share and return share by weight obligation for
2009.
July 1, 2008: 2009 recycling program plans due to DEQ with registration fee.
Manufacturers confirm choice of recycling program option for 2009.
Aug 1, 2008: DEQ 30-day plan review period ends.
Manufacturers notified of approval or need for clarification or changes.
Sept 1, 2008: Manufacturer 30-day reply period for clarification or changes ends.
DEQ begins final plan review.
Sept 1, 2008: Manufacturers in state contractor program pay recycling fees.
Oct 1, 2008: DEQ issues plan approvals.
Oct 15-Dec 31, 2008: Manufacturers indicate intent of recycling program choice for 2010 on registration form.
January 1, 2009-December 31, 2009: 2009 programs fully operational.
July 1, 2009: 2010 recycling program plans due to DEQ with registration fee.
Manufacturers confirm choice of recycling program option for 2010 (last time for delayed
selection; subsequent years selection is made by Dec 31).
(Cycle repeats)
March 1, 2010: Provide report to DEQ on 2009 plan implementation. (Annually)
July 1, 2010: Pay penalty to DEQ if manufacturer program did not meet return share by weight obligation for
2009. (Annually)
March 1, 2011: Provide report to DEQ on 2010 sampling or count. (Annually)
NOTE: Bold indicates statutory deadline
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Related sections from ORS 459A.300-365
459A.320 Manufacturers
(1) A manufacturer choosing to implement a manufacturer program shall submit a plan to the Department of
Environmental Quality at the time of payment of the annual registration fee required under section 4 of this
2007 Act.
(2) The manufacturer's plan must describe how the manufacturer will:
(a) Finance, manage and conduct a statewide program to collect covered electronic devices from covered
entities in this state.
(b) Provide for environmentally sound management practices to collect, transport and recycle covered
electronic devices.
(c) Provide for advertising and promotion of collection opportunities statewide and on a regular basis.
(d) Include convenient service in every county in this state and at least one collection site for any city with a
population of at least 10,000. A collection site for a county may be the same as a collection site for a city in the
county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of
the area being served. A program may provide collection service jointly with another program.
(3) A manufacturer choosing to implement a manufacturer program shall:
(a) Meet or exceed the requirements for collection sites described in subsection (2) of this section.
(b) Provide for collection, transportation and recycling of covered electronic devices for covered entities free of
charge, except that a manufacturer that provides premium service for a covered entity may charge for the
additional cost of that premium service.
(c) Implement the plan required under this section.
Amended by Section 6 with the following:
(d) Conduct a statistically significant sampling or actual count of the covered electronic
devices collected and recycled by the manufacturer each calendar year using a methodology approved by the
department. The manufacturer shall report the results of the sampling or count to the department no later than
March 1 of the following calendar year. The report must include:
(A) A list of all brands identified during the sampling or count by the manufacturer;
(B) The weight of covered electronic devices identified for each brand during the sampling or count; and
(C) The total weight of covered electronic devices, including orphan devices, collected
from covered entities in the state by the manufacturer during the previous calendar year.
(e) By March 1 of each year, provide a report to the department that details how the plan
required under this section was implemented during the previous calendar year.
(4) A group of manufacturers may choose to implement a manufacturer program as one entity, if in doing so
the manufacturers meet the sum of their individual return shares by weight under section 10 (3) of this 2007
Act and that sum is at least five percent.
(5) By July 1 of each year, a manufacturer that does not meet its return share by weight for the previous
calendar year shall pay the department for the amount not achieved at a rate determined by the department to
be equivalent to the amount the manufacturer would have paid, plus 10 percent, to be part of the state
contractor program under section 10 of this 2007 Act.
(6) A manufacturer participating in the state contractor program under section 10 of this 2007 Act shall notify
the department at the time of its registration each year.
(7) Except as provided in subsection (4) of this section, a manufacturer with less than a five percent return
share is required to participate in the state contractor program under section 10 of this 2007 Act.
SECTION 459A.305 Definitions
(2) "Collector" means an entity that collects covered electronic devices as part of a
manufacturer program or the state contractor program.
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(5) "Environmentally sound management practices" means practices that comply with
all applicable laws, including but not limited to adequate record keeping, tracking the fate
of recycled materials, performance audits and inspections, provisions for reuse and
refurbishment, compliance with worker health and safety requirements, maintaining liability insurance and
financial assurances and practices that may be adopted by rule by the Environmental Quality Commission.
(7) "Manufacturer program" means a statewide plan for collecting, transporting and recycling covered
electronic devices that is provided by a single manufacturer or group of manufacturers pursuant to section 5 of
this 2007 Act.
(11) "Premium service" means services such as at-location system upgrade services and at-home pickup
services, including curbside pickup service.
(12)(a) "Recycling" means:
(A) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered
electronic devices, components and by-products into usable or marketable raw materials or products in a
manner such that the original products may lose their identity; or
(B) Smelting materials from components removed from covered electronic devices to
recover metals for reuse in conformance with applicable laws and rules.
(b) "Recycling" does not include:
(A) Landfill disposal or incineration of covered electronic devices; or
(B) Energy recovery or energy generation by means of combusting covered electronic
devices, components and by-products with or without other waste.
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