(1)(a) The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS § 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation.

(b) If, 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the covered manufacturer continues to sell drugs within this state without participating in a drug take-back program, the commission may impose a civil penalty against the covered manufacturer for an amount that does not exceed $10,000 for each day, beginning on the 31st day, that the covered manufacturer commits the violation.

(2)(a) The commission shall send notice to a program operator, and any covered manufacturers that participate in the program operator’s drug take-back program, if the commission determines that the program operator’s drug take-back program is not in compliance with ORS § 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the program operator for committing the violation.

(b) If a drug take-back program continues to be out of compliance with ORS § 459A.200 to 459A.266 30 days after the date on which the commission sent notice under paragraph (a) of this subsection, the commission may:

(A) Impose a civil penalty against the program operator, and each covered manufacturer described in paragraph (a) of this subsection, for an amount that does not exceed $1,000 for each entity per day, beginning on the 31st day, that the program operator commits the violation; and

(B) If the commission determines that the violation presents a risk to public health and safety, suspend, in whole or in part, operation of the drug take-back program.

(3) Civil penalties imposed under this section are joint and several obligations of the program operator and each covered manufacturer that participates in the program operator’s drug take-back program.

(4) The commission shall deposit moneys collected through the imposition of civil penalties under this section into the Secure Drug Take-Back Account established under ORS § 459A.245. [2019 c.659 § 14]

See note under 459A.200.