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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 98
SOLID WASTE: ELECTRONICS RECYCLING
340-098-0000
Applicability
These rules apply to manufacturers
of covered electronic devices sold or offered for sale in the State of Oregon for
calendar years 2012 and beyond.
Stat Auth: ORS 468.020, 468.065
& 459A.345

Stats. Implemented: ORS 459A.315

Hist.: DEQ 4-2012, f. &
cert. ef. 6-26-12
340-098-0010
Definitions
Terms used in OAR 340-098-0000
through 340-098-0200 have the meaning provided in ORS 459A.305. Definitions for
additional terms used in OAR 340-098-0000 through 340-098-0200 are:
(1) “DEQ” means
the Department of Environmental Quality.
(2) “Market share”
means the percentage of the total number of units of covered electronic devices
sold in or into Oregon the previous calendar year or most recent four quarters for
which data is available, as determined by DEQ.
(3) “Revenue need”
means the total amount of revenue DEQ must collect in registration fees in order
for the registration fees to approximately match DEQ’s projected costs for
implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340(4).
Stat Auth: ORS 468.020, 468.065
& 459A.345

Stats. Implemented: ORS 459A.305
& 459A.315

Hist.: DEQ 4-2012, f. &
cert. ef. 6-26-12
340-098-0100
Revenue Need
(1) Revenue need. The revenue
need for the fiscal year beginning:
(a) July 1, 2012 is $415,000;
(b) July 1, 2013 is $435,000;
(c) July 1, 2014 is $435,000;
and
(d) July 1, 2015 and for subsequent
fiscal years is $465,000.
(2) Revenue need adjustments.
(a) If the revenue collected
from registration fees under OAR 340-098-0150 exceeds DEQ’s actual costs for
the program, DEQ will reduce the revenue need by the excess amount in a subsequent
year. DEQ will also evaluate whether to revise the revenue need for future years
to ensure that revenue need approximately matches DEQ’s projected costs for
implementing ORS 459A.305 to 459A.355, excluding costs incurred under ORS 459A.340(4).
(b) If DEQ has been unable to
collect revenue from registration fees owed for a prior year, DEQ may add the amount
of uncollected revenue to the revenue need in a subsequent year as necessary to
ensure that revenue approximately matches DEQ’s projected costs as described
in subsection (a). DEQ will make good faith efforts to collect registration fees
owed.
(3) Reporting. Each fiscal year
DEQ will report its current and projected program expenditures and revenue.
Stat Auth: ORS 468.020, 468.065
& 459A.345

Stats. Implemented: ORS 459A.315

Hist.: DEQ 4-2012, f. &
cert. ef. 6-26-12
340-098-0150
Registration Fees
Section (1) describes generally
how DEQ determines registration fees, and sections (2) through (4) provide the specific
process for determining registration fees.
(1) Overview. Each year manufacturer
registration fees total the revenue need for that year. DEQ assigns manufacturers
to registration fee Tiers 1-7 based on their market share. All manufacturers within
a tier pay the same registration fee in any given year. Manufacturers in Tier 6
pay a fee of $200. Manufacturers in Tier 7, with the smallest market share, pay
$40. Fees for manufacturers in Tiers 1-5 are calculated each year to total the revenue
need remaining after subtracting the revenue expected from Tiers 6 and 7. To determine
the manufacturer fee for each of Tiers 1-5, the total market share for all manufacturers
in a tier is multiplied by the remaining revenue need. That revenue share for the
tier is then divided by the number of manufacturers in the tier to determine the
fee for those manufacturers. DEQ then adjusts the fees for Tiers 1-5 so that no
fee is more than $35,000 or less than $200. If the fee for any tier is over $35,000,
DEQ caps the fee at $35,000, and distributes the amount of unallocated revenue from
that tier to lower tiers in proportion with their market share (excluding Tiers
6 and 7). If the resulting fee for any tier is below $200, DEQ raises the fee to
$200 for that tier and recalculates the fees for the higher tiers as described above
for Tiers 1-5.
(2) Total registration fees.
Each year the total registration fees of manufacturers required to pay a registration
fee under ORS 459A.315 and OAR 340-098-0000 through 340-098-0200 will equal the
revenue need for the fiscal year beginning July 1 of that year.
(3) Registration fees. For each
year after 2012, each manufacturer will pay a registration fee described in this
section:
(a) Registration fees will be
based on the following fee tiers:
(A) Tier 1 includes all manufacturers
with a market share greater than or equal to 5%;
(B) Tier 2 includes all manufacturers
with a market share greater than or equal to 1% but less than 5%;
(C) Tier 3 includes all manufacturers
with a market share greater than or equal to 0.1% but less than 1%;
(D) Tier 4 includes all manufacturers
with a market share greater than or equal to 0.03% but less than 0.1%;
(E) Tier 5 includes all manufacturers
with a market share greater than or equal to 0.01% but less than 0.03%;
(F) Tier 6 includes all manufacturers
with a market share less than 0.01% that equates to 50 or more units.
(G) Tier 7 includes all manufacturers
with a market share that equates to less than 50 units.
(b) The registration fee for
each manufacturer in Tier 6 will be $200. The registration fee for each manufacturer
in Tier 7 will be $40.
(c) The registrations fees for
manufacturers in Tiers 1-5 will equal the revenue need remaining after subtracting
the revenue expected from Tier 6 and 7 fees.
(d) For Tiers 1-5, except as
adjusted by subsections (3)(f) through (3)(i), the total registration fees for each
tier will be a percentage of the remaining revenue need that is equal to the total
market share of the manufacturers in that tier.
(e) For Tiers 1-5, except as
adjusted by subsections (3)(f) through (3)(i), the registration fee of each manufacturer
in a given tier will be the amount of the remaining revenue need that the manufacturer’s
tier is responsible for, as stated subsection (3)(d), divided by the number of manufacturers
in that tier.
(f) For Tiers 1-5, the registration
fee for manufacturers in any tier will not be more than $35,000. The registration
fee for manufacturers in a tier in which the registration fee is calculated to be
more than $35,000 will be adjusted to $35,000.
(g) For Tiers 1-5, after the
registration fee adjustments described in subsection(3)(f), the registration fees
of each manufacturer in a tier with registration fees below $35,000 will also be
adjusted so that total registration fees still equal the remaining revenue need,
as follows:
(A) Fee adjustment = (W ? (X
÷ Y)) ÷ Z.
(B) “W”
is the net amount of registration fees above $35,000.
(C) “X” is the total market
share of all the manufacturers in the manufacturer’s tier.
(D) “Y” is the total
market share for all manufacturers in tiers 1-5 with registration fees below $35,000,
excluding manufacturers whose fees have been adjusted to $200 in accordance with
subsection (3)(i).
(E) “Z” is the total
number of manufacturer’s in the manufacturer’s tier.
(h) If any manufacturer in Tiers
1-5 would pay a registration fee greater than $35,000 after the process described
in subsection (3)(g), the process described in subsections (3)(f) and (3)(g) will
be repeated until no manufacturer pays a registration fee greater than $35,000.
(i) After the process described
in subsections (3)(f) through (3)(h) has been completed, the registration fee for
any manufacturer in Tiers 1-5 in which the registration fee is calculated to be
less than $200 will be adjusted to $200. The total revenue from all fees in tiers
for which fees are raised to $200 will be subtracted from the remaining revenue
need and the fees for all higher tiers will be recalculated to meet that adjusted
revenue need as described in subsections (3)(d) through (3)(i). The process described
in subsections (3)(d) through (3)(i) will be repeated until no manufacturer pays
a registration fee less than $200.
(4) 2012 fees. Manufacturers
will pay registration fees in ORS 459A.315(2)(b) for calendar year 2012, except:
(a) If the total revenue to
be collected under the method described in ORS 459A.315(2)(b) is less than the revenue
need for 2012, DEQ will calculate each manufacturer’s registration fee according
to OAR 340-098-0150(3);
(b) The registration fees of
manufacturers whose registration fees would be at least $250 higher calculated under
OAR 340-098-0150(3) than under ORS 459A.315(2)(b) will be adjusted so that the total
registration fees for 2012 equal revenue need; and
(c) Each manufacturer described
in subsection (4)(b) will pay the following registration fee adjustment: Fee adjustment
= (A ? (B ÷ C)) ÷ D where:
(A) “A” is the difference
between the revenue need and the amount to be collected under the method described
in ORS 459A.315(2)(b);
(B) “B” is the total
market share of all manufacturers in the manufacturer’s tier;
(C) “C” is the total
market share of all manufacturers described in subsection (4)(b); and
(D) “D” is the total
number of manufacturers in the same tier as the manufacturer.
Stat Auth: ORS 468.020, 468.065
& 459A.345

Stats. Implemented: ORS 459A.315

Hist.: DEQ 4-2012, f. &
cert. ef. 6-26-12
340-098-0200
Notifications
(1) Preliminary determination.
Beginning in 2013 and each year thereafter, DEQ will make a preliminary determination
of each manufacturer’s market share and fee tier for that fiscal year and
notify each manufacturer of that determination.
(2) Change requests. Each manufacturer
will have 30 days to request changes to the preliminary market share and fee tier
determination. A manufacturer requesting a change must provide DEQ the relevant
information the manufacturer believes supports the change and any other information
requested by DEQ to evaluate the requested change.
(3) Final determination. After
the 30-day period described in section (2), DEQ will make a final determination
of each manufacturer’s market share and fee tier and notify each manufacturer
of that determination. In making the final market share and fee tier determinations,
DEQ will use the best available information as determined by DEQ including any relevant
information provided by manufacturers under section (2).
Stat Auth: ORS 468.020, 468.065
& 459A.345

Stats. Implemented: ORS 459A.315

Hist.: DEQ 4-2012, f. &
cert. ef. 6-26-12

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