Oregon Statutes 459A.830 – Collection system for post-consumer architectural paint; requirements; exemptions
(1) The convenient system for the collection of post-consumer architectural paint required under ORS § 459A.827 (2) must ensure that:
Terms Used In Oregon Statutes 459A.830
- Contract: A legal written agreement that becomes binding when signed.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) One permanent collection site exists for every 30,000 residents in this state.
(b) Ninety-five percent of the residents in this state are within 15 miles of a permanent collection site.
(c) For those geographically underserved areas where the population is not within 15 miles of a permanent collection site, at least one but no more than two collection events are held per year in each geographically underserved area.
(2) A stewardship organization is not required to comply with subsection (1)(b) of this section for a given geographic area if the stewardship organization is able to demonstrate that, after a good faith effort:
(a) The stewardship organization has been unable to identify an appropriate local government as defined in ORS § 174.116, collection service franchise holder under ORS § 459A.085, person who provides collection service as defined in ORS § 459.005 (3), or a retailer, in the geographic area to coordinate with to establish a permanent collection site; or
(b) The stewardship organization cannot reach feasible, reasonable and mutually agreeable terms with the appropriate local government, collection service franchise holder, person who provides collection service, or a retailer, in the geographic area for participation in the program as a permanent collection site.
(3) A stewardship organization shall make a good faith effort to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service for the promotion of and payment for a collection event under subsection (1)(c) of this section. If, after a good faith effort, the stewardship organization is unable to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service, the stewardship organization shall promote and pay for the collection event.
(4) A stewardship organization is not required to comply with subsection (1)(c) of this section for a given geographic area if the Director of the Department of Environmental Quality agrees with the stewardship organization that holding a collection event in that area will not be practicable or effective.
(5) For purposes of this section, a stewardship organization shall renegotiate a contract for the establishment of a permanent collection site once every two years unless another time frame is agreed to by the contracting parties. [2013 c.677 § 4]
See note under 459A.820.