ORS 459A.835 Approval for amendment or update to plan for architectural paint stewardship program

A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 if, at any time:

The stewardship organization makes a change to the architectural paint stewardship assessment that was approved by the director as part of the plan;

The stewardship organization makes a change to the types of post-consumer architectural paint that will be collected by the stewardship organization under the plan;

The stewardship organization makes a change to the goals that were approved by the director as part of the plan; or

The director requests an amendment to the plan in order to address a specific finding by the director that:

The administrative costs to the stewardship organization for the architectural paint stewardship program equaled 20 percent or more of the organization’s total annual budget for the program during the prior calendar year;

The cost per gallon of the program during the prior calendar year was 10 or more percent higher than the preceding calendar year;

The unallocated reserve funds held by the stewardship organization for the program during the prior calendar year equaled 35 percent or more of the total annual budget for the program during the year;

The total volume, in gallons, of post-consumer architectural paint collected as part of the program during the prior calendar year was 10 or more percent lower than the preceding calendar year; or

The recycling rate for the program during the prior calendar year was 10 or more percent lower than the preceding calendar year.

A stewardship organization must submit an amendment under subsection (1) of this section within 120 days after the date of the change by the stewardship organization or the date of the request by the director.