(1) The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS § 459A.320.

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(2) Not later than 60 days after receiving a plan under ORS § 359A.320, the department shall either approve, approve with conditions or reject the plan. If the department rejects the plan, the department shall provide the reason or reasons for the rejection. An electronics producer responsibility organization must submit a revised plan to the department no later than 45 days after the date of the rejection.

(3) No later than 45 days after receiving a revised plan under subsection (2) of this section, the department shall either approve, approve with conditions or reject the revised plan.

(4) If the department rejects a revised plan, the department may:

(a) Require the electronics producer responsibility organization to further revise the plan in accordance with a timeline set forth by the department;

(b) Direct changes to the revised plan; or

(c) Direct the manufacturer or manufacturers on whose behalf the revised plan was submitted to register with an electronics producer responsibility organization with an approved plan.

(5) If the department directs changes to a revised plan under subsection (4) of this section, the electronics producer responsibility organization must implement the changes or request a hearing under ORS Chapter 183. [2023 c.259 § 6]

459A.321 becomes operative January 1, 2026, and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

See note under 459A.300.