(1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS § 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation.

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(b) If, 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the covered manufacturer continues to sell drugs within this state without participating in a drug take-back program, the commission may impose a civil penalty against the covered manufacturer for an amount that does not exceed $10,000 for each day, beginning on the 31st day, that the covered manufacturer commits the violation.

(2)(a) The commission shall send notice to a program operator, and any covered manufacturers that participate in the program operator’s drug take-back program, if the commission determines that the program operator’s drug take-back program is not in compliance with ORS § 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the program operator for committing the violation.

(b) If a drug take-back program continues to be out of compliance with ORS § 459A.200 to 459A.266 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the commission may:

(A) Impose a civil penalty against the program operator, and each covered manufacturer described in paragraph (a) of this subsection, for an amount that does not exceed $1,000 for each entity per day, beginning on the 31st day, that the program operator commits the violation; and

(B) If the commission determines that the violation presents a risk to public health and safety, suspend, in whole or in part, operation of the drug take-back program.

(3) Civil penalties imposed under this section are joint and several obligations of the program operator and each covered manufacturer that participates in the program operator’s drug take-back program.

(4) The commission shall deposit moneys collected through the imposition of civil penalties under this section into the Secure Drug Take-Back Account established under ORS § 459A.245. [2019 c.659 § 14]

See note under 459A.200.