Oregon Statutes 459A.962 – Enforcement and record keeping
(1) The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of ORS § 459A.860 to 459A.975 or rules adopted under ORS § 459A.860 to 459A.975.
Terms Used In Oregon Statutes 459A.962
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(2) A producer responsibility organization shall retain all records related to the implementation and administration of a producer responsibility program for not less than five years from the time the record was created and make the records available for inspection by the department upon request.
(3) In accordance with the applicable provisions of ORS Chapter 183 relating to contested case proceedings, the department may issue an order requiring compliance with the provisions of ORS § 459A.860 to 459A.975.
(4) In accordance with the applicable provisions of ORS Chapter 183 relating to contested case proceedings, and in accordance with ORS § 468.130 and rules adopted pursuant to ORS § 468.130, the department may issue civil penalties for violations of the provisions of ORS § 459A.860 to 459A.975. All penalties recovered for violations of ORS § 459A.860 to 459A.975 shall be paid into the State Treasury and credited to the Waste Prevention and Reuse Fund established under ORS § 459A.950.
(5) The department may issue an order under subsection (3) of this section to suspend or revoke a producer responsibility program plan if the department determines that:
(a) A violation or repeated violations of ORS § 459A.860 to 459A.975 present a risk to the environment or public health;
(b) A violation has had a material impact on the implementation and administration of the organization’s producer responsibility program plan; or
(c) A producer responsibility organization is in violation of ORS § 459A.869 (12).
(6) The Department of Justice, at the request of the Department of Environmental Quality, may bring an action seeking to prohibit the sale of a covered product in or into this state against any producer that sells, offers to sell or distributes a covered product in or into this state in violation of ORS § 459A.869.
(7) Any person with control of materials collected under ORS § 459A.860 to 459A.975 shall retain all records related to the person’s responsibilities under ORS § 459A.860 to 459A.975 for not less than five years from the time the record was created and make the records available for inspection by the department upon request.
(8) A person required to retain records under subsection (7) of this section shall make the records available to the department upon request of a producer responsibility organization if necessary to allow the organization to meet its obligations under ORS § 459A.860 to 459A.975.
(9) Proprietary information furnished to the department relating to subsections (7) and (8) of this section may be designated confidential. Information designated confidential is not subject to public disclosure under ORS § 192.311 to 192.478, except that the department may disclose summarized information or aggregated data if the information or data do not directly or indirectly identify the proprietary information of a specific person. [2021 c.681 § 40]