OAR 340-012-0098: Classification of Violations for ORS 459A.860 to 459A.975 and related rules

(1) Class I: (a) Failing to register or become a member of a producer responsibility organization; (b) Failing to establish a required producer responsibility organization coordination body if needed; (c) Failing to substantially implement a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ; (d) Delivering, or allowing to be delivered, commingled recyclables to a commingled recycling processing facility that does not hold a valid permit issued by DEQ, hold a valid certificate, or meet the requirements of a permit or certificate for a commingled recycling facility; or (e) Failing to update a producer responsibility program plan or to take actions specified in a producer responsibility program plan to meet plastic recycling goals. (2) Class II: (a) Failing to submit a plan, study, notification, report, or other required information to DEQ, unless otherwise classified; (b) Failing to implement one or more elements of a producer responsibility program plan, plan amendment, or coordination plan as approved, directed, or ordered by DEQ; (c) Accepting or promoting for acceptance into a commingled recycling program a material that is not identified on the uniform statewide collection list for collection as part of the commingled recycling program or as part of a trial or research program; (d) Failing to provide the opportunity to recycle as required by OAR chapter 340, division 90; (e) Accepting or promoting for acceptance into a collection program for yard debris or food waste or a compost facility, by a person that operates or controls a collection program for yard debris of food waste or that operates or controls a compost facility, a material that cannot or will not be effectively composted; or (f) Violating any otherwise unclassified requirement related to ORS 459A.860 to 459A.975 or related rules.