Current through Register Vol. 63, No. 3, March 1, 2024
(1)
(a) A
container manufacturer must be able to document that a rigid plastic container
or containers comply with the requirements of OAR 340-090-0350(1)(a),
(1)(b)(A), or (1)(b)(B);
(b) For
any calendar year for which DEQ determines that the aggregate recycling rate
for compliance purposes is at least 25 percent, a container manufacturer is not
required to keep the records otherwise required by this
rule.
(2) A container
manufacturer's documentation that a rigid plastic container or containers
comply with the provisions of OAR 340-090-0350(1)(a), (1)(b)(A) or (1)(b)(B)
must include, at a minimum, the following information:
(a) Recycled content. For each container that
complies with OAR 340-090-0350(1)(a):
(A) A
description of the container including its resin type;
(B) Documentation of the recycled content of
the type of container including:
(i) The
total weight of plastic used to manufacture that type of rigid plastic
container during the time period when the container was made; and
(ii) The weight of recycled material used to
manufacture that type of rigid plastic container during the same time period,
within a one-year period, as determined by the container
manufacturer.
(b) Aggregate recycling rate. The aggregate
recycling rate for compliance purposes DEQ establishes serves as the only
acceptable documentation that a container manufacturer's containers comply with
OAR 340-090-0350(1)(b)(A);
(c)
Specified-type recycling rate. For containers that comply with the
specified-type recycling rate requirement, OAR 340-090-0350(1)(b)(B):
(A) A description of the container;
(B) Identification of the specified
type;
(C) Documentation of the
recycling rate for the type of container pursuant to OAR 340-090-0380(4);
and
(D) Where DEQ has calculated a
recycling rate for a specified type of container, the container manufacturer
may rely upon DEQ's rate to show that the container complies with the rate
requirements.
(3) Container manufacturer's Certificate of
Compliance:
(a) A container manufacturer must
make a Certificate of Compliance available to:
(A) Any product manufacturer who uses
containers from that container manufacturer and makes products in those
containers available for sale in Oregon; and
(B) DEQ, upon request, only if not otherwise
available from the product manufacturer.
(b) A container manufacturer's Certificate of
Compliance must contain the following information:
(A) The container manufacturer's:
(i) Name;
(ii) Address; and
(iii) Name, title, address and phone number
of an official representative.
(B) A description of the container or
containers for which compliance or exemption is claimed; and
(C) A description of the container
manufacturer's records documenting compliance.
(c) If, after review of the container
manufacturer's Certificate of Compliance, DEQ determines that the information
provided in the Certificate is not adequate to document that a container or
containers comply with OAR 340-090-0350 through 0370, DEQ may:
(A) Request that the product manufacturer
provide all or part of the documentation described in a Certificate of
Compliance, other records, or additional information the container manufacturer
keeps that is the basis for those records and any other information deemed
necessary to determine compliance with the law. Within 15 days of this request,
the product manufacturer must notify DEQ whether it will provide the requested
information or if DEQ must request it directly from the container manufacturer.
If the product manufacturer notifies DEQ it will satisfy the request, the
manufacturer must provide the records or other material requested to DEQ within
45 days of the date of the product manufacturer's notification;
(B) If the product manufacturer cannot
provide adequate documentation or other information DEQ requests within the
time frame in (A) above, then DEQ may request such information directly from
the container manufacturer.
(d) A container manufacturer must comply with
the following procedure and time schedule when it provides information DEQ
requests:
(A) The container manufacturer must
provide a Certificate of Compliance to DEQ within 60 days of the date of
receipt of a DEQ request for the Certificate;
(B) If DEQ finds the Certificate to be
incomplete, DEQ may request the missing materials from the official company
representative. The container manufacturer must provide missing materials from
a Certificate of Compliance to DEQ within 30 days of the date of receipt of a
DEQ request for the Certificate;
(C) After it has reviewed the Certificate of
Compliance, DEQ may request that the container manufacturer provide all or part
of the documentation described in a Certificate of Compliance, other records,
or additional information kept by the container manufacturer that is the basis
for those records and any other information deemed necessary to determine
compliance with the law. The container manufacturer must provide the records or
other material requested to DEQ within 45 days of the date of receipt of a
request for the records.
(4)
(a) A
container manufacturer may request an extension of the time period to submit
materials DEQ requests. Such a request for extension must be in writing and be
received by DEQ before the due date of DEQ's original request. The request for
extension must:
(A) Provide the container
manufacturer's name and address;
(B) Provide the name, title, address, and
phone number of an official company representative;
(C) State a specific length for the requested
extension, not to exceed 60 days; and
(D) Show good reason for the
extension.
(b) Based upon
the information provided in the request for extension, DEQ may grant the
extension, deny the extension, or grant an extension for a lesser period of
time.
(5) Records that
document compliance with the requirements of OAR 340-090-0350 or exemption
under the provisions of OAR 340-090-0340 must be maintained and available for
audit by DEQ for a period of at least three years after the year for which
compliance is documented.
(6) DEQ
will consider a container manufacturer's failure to provide the following a
violation of these rules:
(a) A Certificate
of Compliance to a product manufacturer; or
(b) A Certificate of Compliance or additional
materials to DEQ as requested and within the schedule set out in this
rule.
(7) DEQ, at its
discretion, may audit the container manufacturer directly to determine
compliance with these rules.
Statutory/Other Authority: ORS
459A.025 & 468.020
Statutes/Other Implemented: ORS
459A.655 &
459A.660