74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2626
Sponsored by Representatives DINGFELDER, BRUUN; Representatives
BEYER, BONAMICI, BOONE, BUCKLEY, CANNON, CLEM, COWAN, C
EDWARDS, GELSER, HOLVEY, HUNT, KOMP, MACPHERSON, MERKLEY,
NOLAN, READ, RILEY, ROSENBAUM, SCHAUFLER, SHIELDS, P SMITH,
TOMEI, WITT, Senators DEVLIN, MORSE, WALKER
CHAPTER ................
AN ACT
Relating to recycling of electronic devices; creating new
provisions; amending ORS 459.247 and 459.995; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
FINDINGS + }
SECTION 1. { + The Legislative Assembly finds that:
(1) It is necessary to encourage the design of electronic
devices that are more resource-efficient, more recyclable and
less environmentally toxic;
(2) The development and availability of a statewide system that
conveniently serves both urban and rural areas of Oregon for the
collection, transportation and recycling of electronic devices is
in the best interest of the state; and
(3) A statewide collection, transportation and recycling system
should be financed by the manufacturers of those electronic
devices. + }
{ +
DEFINITIONS + }
SECTION 2. { + As used in sections 2 to 13 of this 2007 Act:
(1) 'Brand' means a name, symbols, words or marks that identify
a covered electronic device, rather than any of its components,
and attribute the device to the owner of the brand as the
manufacturer.
(2) 'Collector' means an entity that collects covered
electronic devices as part of a manufacturer program or the state
contractor program.
(3)(a) 'Covered electronic device' means:
(A) A computer monitor of any type having a viewable area
greater than four inches measured diagonally;
(B) A desktop computer or portable computer; or
(C) A television of any type having a viewable area greater
than four inches measured diagonally.
(b) 'Covered electronic device' does not include:
Enrolled House Bill 2626 (HB 2626-A) Page 1
(A) Any part of a motor vehicle;
(B) Any part of a larger piece of equipment designed and
intended for use in an industrial, commercial or medical setting,
such as diagnostic, monitoring or control equipment;
(C) Telephones or personal digital assistants of any type
unless the telephone or personal digital assistant contains a
viewable area greater than four inches measured diagonally; or
(D) Any part of a clothes washer, clothes dryer, refrigerator,
freezer, microwave oven, conventional oven or range, dishwasher,
room air conditioner, dehumidifier or air purifier.
(4) 'Covered entity' means any Oregon household, a business
that employs 10 or fewer individuals, a not-for-profit
organization exempt from taxation under section 501(c)(3) of the
Internal Revenue Code that employs 10 or fewer individuals, or
any person giving seven or fewer covered electronic devices to a
collector at any one time.
(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.
(6)(a) 'Manufacturer' means any person, irrespective of the
selling technique used, including by means of remote sale:
(A) That manufactures covered electronic devices under a brand
that it owns or is licensed to use;
(B) That sells covered electronic devices manufactured by
others under a brand that the seller owns;
(C) That manufactures covered electronic devices without
affixing a brand;
(D) That manufactures covered electronic devices to which it
affixes a brand that it does not own; or
(E) On whose account covered electronic devices manufactured
outside the United States are imported into the United States.
This subparagraph does not apply if, at the time the covered
electronic devices are imported into the United States, another
person is registered as the manufacturer of the brand of the
covered electronic devices.
(b) 'Manufacturer' does not include a person with a license to
manufacture covered electronic devices for delivery exclusively
to or at the order of the licenser.
(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.
(8) 'Orphan device' means a covered electronic device for which
no manufacturer can be identified.
(9) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm, trust, estate or
other legal entity.
(10) 'Portable computer' means any of the following that has a
viewable area greater than four inches measured diagonally and
that can be carried as one unit by an individual:
(a) A laptop computer;
(b) A notebook computer; or
(c) A notepad computer.
Enrolled House Bill 2626 (HB 2626-A) Page 2
(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.
(13) 'Retailer' means a person that offers new covered
electronic devices for sale at retail through any means,
including but not limited to remote offerings such as sales
outlets, catalogs or the Internet.
(14) 'Return share' means the minimum percentage of covered
electronic devices that an individual manufacturer is responsible
for collecting, transporting and recycling.
(15) 'Return share by weight' means the minimum total weight of
covered electronic devices that an individual manufacturer is
responsible for collecting, transporting and recycling.
(16)(a) 'Sell' or 'sale' means any transfer of title for
consideration, including but not limited to remote sales
conducted through sales outlets, catalogs or the Internet, or any
other similar electronic means.
(b) 'Sell' or 'sale' does not include leases.
(17) 'State contractor program' means a statewide program for
collecting, transporting and recycling covered electronic devices
that is provided by the Department of Environmental Quality for
manufacturers who pay a recycling fee to the department pursuant
to section 7 of this 2007 Act. + }
{ +
MANUFACTURERS + }
SECTION 3. { + (1) Sections 2 to 13 of this 2007 Act apply to
all manufacturers engaging in the activities set forth in section
2 (6) of this 2007 Act before, on or after the effective date of
this 2007 Act.
(2) Sections 2 to 13 of this 2007 Act do not apply to reused or
refurbished covered electronic devices.
(3) A manufacturer may not sell or offer for sale any covered
electronic device in or for delivery in this state unless:
(a) The covered electronic device is labeled with a brand and
the label is permanently affixed and readily visible; and
(b) The brand is included in the plan that is filed with the
Department of Environmental Quality pursuant to section 5 of this
2007 Act. + }
SECTION 4. { + (1) Before January 1 of each year, a
manufacturer of covered electronic devices sold or offered for
sale in this state shall register with the Department of
Environmental Quality, for a period to cover the upcoming
Enrolled House Bill 2626 (HB 2626-A) Page 3
calendar year, on a form provided by the department. The
registration shall include:
(a) A list of all the brands manufactured, sold or imported by
the manufacturer, including those brands being offered for sale
in this state by the manufacturer.
(b) A statement of whether the manufacturer will be
implementing a manufacturer program or utilizing the state
contractor program for recycling covered electronic devices.
(c) Any other information required by the department to
implement sections 2 to 13 of this 2007 Act.
(2)(a) Not later than July 1 of each year, a manufacturer of
covered electronic devices sold or offered for sale in this state
shall pay an annual registration fee to the department.
(b) For calendar years 2008 through 2011, the manufacturer
registration fee shall be:
(A) $15,000 for manufacturers selling more than one percent of
the total number of units of covered electronic devices sold in
this state the previous calendar year.
(B) $5,000 for manufacturers selling at least 0.1 percent but
not more than one percent of the total number of units of covered
electronic devices sold in this state the previous calendar year.
(C) $200 for manufacturers selling at least 0.01 percent but
less than 0.1 percent of the total number of units of covered
electronic devices sold in this state the previous calendar year.
(D) $40 for manufacturers selling less than 0.01 percent of the
total number of units of covered electronic devices sold in this
state the previous calendar year.
(c) For calendar years 2012 and beyond, the Environmental
Quality Commission may modify the registration fees under this
section so that the total of registration fees collected
approximately matches the department's costs in implementing
sections 2 to 13 of this 2007 Act, excluding costs incurred under
section 10 (4) of this 2007 Act.
(3)(a) If a manufacturer ceases to manufacture, sell or import
covered electronic devices and covered electronic devices
manufactured, sold or imported by the manufacturer are collected
for recycling under a manufacturer program or the state
contractor program, the manufacturer shall register with the
department and pay a registration fee of $250.
(b) Any manufacturer described in paragraph (a) of this
subsection to which the department provides notification of a
return share and return share by weight and that has not
previously filed a registration shall, within 30 days of
receiving the notification, file a registration with the
department and pay to the department a registration fee of
$250. + }
SECTION 5. { + (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
Enrolled House Bill 2626 (HB 2626-A) Page 4
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.
(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 6. Section 5 of this 2007 Act is amended to read:
{ + Sec. 5. + } (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
Enrolled House Bill 2626 (HB 2626-A) Page 5
covered entity may charge for the additional cost of that premium
service.
(c) Implement the plan required under this section.
{ + (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 7. { + By September 1 of each year, a manufacturer
that participates in the state contractor program shall pay a
recycling fee to the Department of Environmental Quality in an
amount determined by the department under section 10 (6) of this
2007 Act to cover the costs of collecting, transporting and
recycling the manufacturer's annual return share of covered
electronic devices for the following year. + }
SECTION 8. { + (1) Except as authorized in subsection (2) of
this section, a manufacturer program, the state contractor
program or a collector participating in a manufacturer program or
the state contractor program may not charge a fee to covered
entities for the collection, transportation or recycling of
covered electronic devices.
(2) A collector that provides a premium service to a covered
entity may charge for the additional cost of providing the
premium service. + }
{ +
RETAILERS + }
Enrolled House Bill 2626 (HB 2626-A) Page 6
SECTION 9. { + (1) A retailer may not sell or offer for sale
any covered electronic device in or for delivery into this state
unless:
(a) The covered electronic device is labeled with a brand and
the label is permanently affixed and readily visible;
(b) The brand is included on the list posted by the Department
of Environmental Quality pursuant to section 10 (1) of this 2007
Act; and
(c) The list posted by the department pursuant to section 10
(1) of this 2007 Act specifies that the manufacturer is in
compliance with the requirements of sections 2 to 13 of this 2007
Act.
(2) A retailer shall provide to a consumer at the time of the
sale of a covered electronic device information from the
department's website that provides details about where and how a
consumer can recycle covered electronic devices in Oregon. The
information shall be provided in printed form for in-store sales
and in printable form for Internet sales and other sales where
the Internet is involved. + }
{ +
DEPARTMENT OF ENVIRONMENTAL QUALITY AND + }
{ +
ENVIRONMENTAL QUALITY COMMISSION + }
SECTION 10. { + The Department of Environmental Quality shall:
(1) Maintain and make available on its website the following
lists, which must be updated by the first day of each month:
(a) A list of registered manufacturers and their brands;
(b) A list of brands for which no manufacturer has registered;
and
(c) A list that identifies which manufacturers are in
compliance with sections 2 to 13 of this 2007 Act.
(2) Review and approve manufacturer plans that comply with
section 5 of this 2007 Act and are submitted annually by
manufacturers choosing to implement a manufacturer program for
recycling covered electronic devices.
(3)(a) Determine the return share and return share by weight
for each calendar year for each manufacturer. The return share
shall be determined by dividing the total weight of covered
electronic devices of that manufacturer's brands by the total
weight of covered electronic devices for all manufacturers'
brands. The return share by weight shall be determined by
multiplying the return share for each such manufacturer by the
total weight in pounds of covered electronic devices, including
orphan devices, collected from covered entities the previous
calendar year.
(b) For 2008 and 2009, determine the return share and return
share by weight for each manufacturer based on the best available
public return share data and public weight data from within the
United States for covered electronic devices from covered
entities. For subsequent years, the return share of covered
electronic devices for each manufacturer shall be based on the
most recent annual sampling or count of covered electronic
devices. For subsequent years, the total weight in pounds of
covered electronic devices shall be based on the total weight of
covered electronic devices, including orphan devices, determined
by the department.
Enrolled House Bill 2626 (HB 2626-A) Page 7
(c) By May 1 of each year, provide to each manufacturer that
had a return share determined under this section its return share
and its return share by weight for the following year.
(4) Establish a state contractor program for the collection,
transportation and recycling of covered electronic devices from
covered entities in this state. The state contractor program
shall:
(a) To the extent practicable, use existing local collection,
transportation and recycling infrastructure;
(b) Utilize environmentally sound management practices to
collect, transport and recycle covered electronic devices;
(c) Provide for covered entities, free of charge, convenient
and available collection services and sites for covered
electronic devices in both rural and urban areas;
(d) Advertise and promote collection opportunities statewide
and on a regular basis; and
(e) Conduct a statistically significant sampling or actual
count of the covered electronic devices collected and recycled by
the state contractor program during each calendar year using a
methodology approved by the department and prepare a report no
later than March 1 of the following calendar year that includes:
(A) A list of all brands identified during the sampling or
count;
(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 state contractor program during the previous calendar year.
(5) Determine a manufacturer's annual registration fee for
purposes of section 4 (2) of this 2007 Act using national market
data prorated for Oregon based on statewide population.
(6) Determine the recycling fee to be paid under section 7 of
this 2007 Act by each manufacturer that participates in the state
contractor program established pursuant to subsection (4) of this
section. The department shall determine the recycling fees as
follows:
(a) For each manufacturer except those described in paragraph
(b) of this subsection, the department shall determine the
recycling fee based on the manufacturer's annual return share and
return share by weight as determined under subsection (3) of this
section.
(b) For each manufacturer whose manufacture of covered
electronic devices as defined in section 2 (3)(a)(C) of this 2007
Act exceeds its manufacture of covered electronic devices as
defined in section 2 (3)(a)(A) and (B) of this 2007 Act, the
department shall determine the recycling fee based on the total
return share and return share by weight determined under
subsection (3) of this section of all manufacturers described in
this paragraph, allocated according to each manufacturer's
percentage of the total number of covered electronic devices
described in section 2 (3)(a)(C) of this 2007 Act sold in this
state the previous calendar year. The department may use national
sales data to determine the percentages. The department may
assess a surcharge on the annual registration fee for
manufacturers described in this paragraph to pay any added costs
to the department in making the determinations.
(7) Maintain on its website information on collection
opportunities for covered electronic devices, including
collection site locations and hours. The information must be made
available in a printable format for retailers.
Enrolled House Bill 2626 (HB 2626-A) Page 8
(8) Report biennially to the Legislative Assembly on the
operation of the statewide system for collection, transportation
and recycling of covered electronic devices. + }
SECTION 11. { + The Environmental Quality Commission may adopt
rules as necessary to implement sections 2 to 13 of this 2007
Act. + }
SECTION 12. { + Fees collected by the Department of
Environmental Quality under sections 2 to 13 of this 2007 Act
shall be deposited in the State Treasury to the credit of the
Covered Electronic Devices Account established under section 13
of this 2007 Act. + }
SECTION 13. { + The Covered Electronic Devices Account is
established separate and distinct from the General Fund. Interest
earned by the account shall be credited to the account. Moneys in
the account are continuously appropriated to the Department of
Environmental Quality and may be used only to pay the costs of
implementing sections 2 to 13 of this 2007 Act and enforcing the
prohibition in ORS 459.247 relating to disposal of covered
electronic devices. + }
SECTION 14. { + (1) The Department of Environmental Quality
shall evaluate any federal law that establishes a national
program for the collection and recycling of electronic devices.
(2) If the department determines that the federal law
substantially meets or exceeds the requirements and intent of
sections 2 to 13 of this 2007 Act, the department shall include
information on the federal law in the next biennial report to the
Legislative Assembly pursuant to section 10 of this 2007 Act. + }
SECTION 14a. { + Sections 2 to 13 of this 2007 Act do not
supersede any authority under ORS chapter 459 or 459A for cities
and counties to regulate the collection of solid waste. + }
{ +
DISPOSAL PROHIBITION + }
SECTION 15. ORS 459.247 is amended to read:
459.247. (1) No person shall dispose of and no disposal site
operator shall knowingly accept for disposal the following types
of solid waste at a solid waste disposal site:
(a) Discarded or abandoned vehicles;
(b) Discarded large home or industrial appliances;
(c) Used oil;
(d) Tires; { - or - }
(e) Lead-acid batteries { - . - } { + ; or
(f) Covered electronic devices. + }
(2) As used in this section { - , - } { + :
(a) 'Covered electronic device' has the meaning given that term
in section 2 of this 2007 Act; and
(b) + } 'Used oil' has the meaning given that term in ORS
459A.555.
(3) Nothing in this section shall prohibit a disposal site
operator from accepting and storing, for purposes of recycling or
recovering, any of the types of solid waste listed in subsection
(1) of this section.
{ + (4) The Environmental Quality Commission may postpone the
prohibition under subsection (1)(f) of this section in any area
of this state where the commission determines there is an
inadequate system for the collection, transportation and
recycling of covered electronic devices.
(5)(a) Each disposal site operator shall establish and
implement, in accordance with any permit requirements established
Enrolled House Bill 2626 (HB 2626-A) Page 9
by the Department of Environmental Quality, a program reasonably
designed to prevent acceptance of covered electronic devices for
disposal. If an operator operates the disposal site in conformity
with the program, the operator is presumed to have complied with
the provisions of this section that prohibit knowingly accepting
covered electronic devices for disposal.
(b) This section does not prevent the disposal site operator
from accepting and storing, for purposes of recycling, reusing or
refurbishing, covered electronic devices. + }
{ +
PENALTIES + }
SECTION 16. ORS 459.995 is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 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 or order of the Environmental Quality
Commission pertaining to the disposal, collection, storage or
reuse or recycling of solid wastes, as defined by ORS 459.005, or
any rule or order pertaining to the disposal, storage or
transportation of waste tires, as defined by ORS 459.705, or any
rule or order pertaining to the sale of novelty items that
contain encapsulated liquid mercury, shall incur a civil penalty
not to exceed $10,000 a day for each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 shall incur a civil penalty not to exceed $500 for each
violation. Each battery that is disposed of improperly shall be a
separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district shall incur a civil penalty not to exceed $500 for each
violation.
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 shall incur a civil penalty not to exceed
$1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties
under subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
SECTION 17. ORS 459.995, as amended by section 16 of this 2007
Act, is amended to read:
459.995. (1) Except as provided in subsection (2) of this
section, in addition to any other penalty provided by law:
(a) Any person who violates ORS 459.205, 459.270, 459.272,
459.386 to 459.405, 459.705 to 459.790, 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 or order of the Environmental Quality Commission
pertaining to the disposal, collection, storage or reuse or
recycling of solid wastes, as defined by ORS 459.005, or any rule
or order pertaining to the disposal, storage or transportation of
waste tires, as defined by ORS 459.705, or any rule or order
pertaining to the sale of novelty items that contain encapsulated
Enrolled House Bill 2626 (HB 2626-A) Page 10
liquid mercury, shall incur a civil penalty not to exceed $10,000
a day for each day of the violation.
(b) Any person who violates the provisions of ORS 459.420 to
459.426 shall incur a civil penalty not to exceed $500 for each
violation. Each battery that is disposed of improperly shall be a
separate violation. Each day an establishment fails to post the
notice required under ORS 459.426 shall be a separate violation.
(c) For each day a city, county or metropolitan service
district fails to provide the opportunity to recycle as required
under ORS 459A.005, the city, county or metropolitan service
district shall incur a civil penalty not to exceed $500 for each
violation.
{ + (d) Any person who violates the provisions of ORS 459.247
(1)(f) shall incur a civil penalty not to exceed $500 for each
violation. Each covered electronic device that is disposed of
improperly shall be a separate violation. + }
(2) Any product manufacturer or package manufacturer who
violates ORS 459A.650 to 459A.665 or any rule adopted under ORS
459A.650 to 459A.665 shall incur a civil penalty not to exceed
$1,000 per day for each day of the violation. A violation of ORS
459A.650 to 459A.665 shall not be subject to additional penalties
under subsection (1) of this section.
(3) Any civil penalty authorized by subsection (1) or (2) of
this section shall be imposed in the manner provided by ORS
468.135.
{ +
MISCELLANEOUS + }
SECTION 18. { + The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2007 Act. + }
SECTION 19. { + (1) Section 9 (1) of this 2007 Act applies to
covered electronic devices sold by a retailer on or after January
1, 2009.
(2) The amendments to ORS 459.995 by section 16 of this 2007
Act apply to violations of section 9 (1) of this 2007 Act
occurring on or after January 1, 2009.
(3) The amendments to ORS 459.247 and 459.995 by sections 15
and 17 of this 2007 Act become operative on January 1, 2010. + }
SECTION 20. { + The amendments to section 5 of this 2007 Act
by section 6 of this 2007 Act become operative on January 1,
2010. + }
SECTION 21. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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Enrolled House Bill 2626 (HB 2626-A) Page 11
Passed by House May 15, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 29, 2007
...........................................................
President of Senate
Enrolled House Bill 2626 (HB 2626-A) Page 12
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2626 (HB 2626-A) Page 13