Oregon Law Allows Post-Consumer Paint Pilot Program to Begin;
California County Adopts Paint “Take-Back” Ordinance
On July 23, Oregon Governor Ted
Kulongoski signed into law NPCA/
FSCT-sponsored legislation that will
allow the industry to embark on a pilot
program for post-consumer paint management. Passage of the law is the culmination of five years’ work
by NPCA/FSCT in promoting
a model national effort to
reduce the amount of leftover paint going to landfills.
The legislation outlines a
paint stewardship pilot program to develop a structure
for collecting, transporting,
and processing post-consumer paint in an environmentally sound fashion.
Now that the legislation has
passed into law, NPCA/FSCT
is working with Oregon’s
Department of Environmental Quality
(DEQ) on program implementation,
which will require paint manufacturers
to develop, operate, and provide funding for the paint product stewardship
organization. The model is patterned
after a similar program that has been
operating successfully in British Columbia, Canada.
The four-year pilot project is
intended to make post-consumer paint
collection more convenient throughout
the state, particularly in areas without
existing programs. Nearly one-third of
Oregon’s counties do not collect leftover paint, which is, by volume, the
number-one “household hazardous
waste” in Oregon.
NPCA/FSCT introduced its post-consumer paint management bill earlier
this year and, working with its members
in Oregon, was able to gain the support
of the state’s DEQ, which was necessary
for passage of the industry-supported
bill. NPCA/FSCT’s Board of Directors
was actively involved in the process and
gave its approval for the final version of
the bill in April 2009. Of note, before
focusing on Oregon, in 2008 and in
2009, NPCA sponsored similar legislation to establish a pilot project in Minnesota. Although the legislation was
approved by the Minnesota legislature
both years, it was twice vetoed by Minnesota Governor Pawlenty.
In related news, the San Luis Obispo
County Integrated Waste Management
Authority (IWMA) adopted an ordinance (Ordinance 2009–1) on May
13, requiring retail stores that sell paint
in the California county to establish a
latex paint “take-back” program.
Three months after the effective date,
retail stores that sell paint are required
to accept, collect, and dispose of latex
paint from consumers and provide
appropriate signage indicating
that the retail establishment
accepts and collects leftover
latex paints. At press time,
WMA was expected to enforce
the ordinance in late August or
September.
It appears that the ordinance was executed with very
little, if any, real public notice
or input. NPCA/FSCT is in the
process of determining which,
if any, local retail stores are or
were aware that the ordinance
was going into effect. The asso-
ciation is also gathering additional
information about the program, and is
reaching out to other organizations and
member companies to help determine
the proper steps forward.
NPCA/FSCT’s position is that, at the
very least, the county should temporarily
postpone the effective date for enforcement, while retailers and others work to
ensure compliance. NPCA/FSCT will also
petition the county and ask that the ordinance be revoked, pending adoption of
legislation at the state level establishing a
state-wide, industry-run, post-consumer
paint management system.
The following provides a summary
of the ordinance:
• Every retailer of regulated paint
(latex paint) sold in San Luis Obispo
County, CA, shall establish, within the
retail outlet, a system for the acceptance
and collection of used latex paint in
containers of one quart or more (no oil-based paints are included). The paint
shall be collected for recycling and/or
proper disposal. All retailers who sell
latex paint will be required to accept,
collect, and dispose of used latex paint.
• Retailers are to provide a convenient location within the retail establishment for the “take-back” of used latex
paints at no cost to the consumer. The
ordinance prohibits the retailer from
charging the consumer to take back
used latex paint. However, the retailer
can increase the sales price or add a
recycling surcharge to any new paint
sold, in order to fund the cost of taking
back used latex paint.
• Retailers must provide appropriate signage, prominently within five feet
of any entrance to the retail establishment and easily visible to the consumer.
(Continued on page 8.)
NPCA/FSCT Partners with Earth911.com
NPCA/FSCT has recently embarked
on a renewed partnership with
Earth911.com, the largest national
database for recycling and proper
disposal of household materials.
Through this new program, NPCA/ FSCT member companies may take
advantage of options such
as customized labeling
solutions, advertising, and
sponsorship opportunities.
NPCA/FSCT originally partnered
with Earth911.com several years ago
in the development of a paint website, which hosts educational information such as the association’s
5-Point Plan for Managing Leftover
Paint; general information on reuse,
recycling, and disposal; and locations
of disposal and recycling sites based
on users’ zip codes.
Established in 1991, Earth.911.com
boasts a database of more than
100,000 locations for recycling and
proper disposal of household materials and is recommended by the U.S.
EPA and the Department
of Energy as the only consumer labeling solution
for recycling and proper
disposal information for
these products.
For more than a decade, NPCA/
FSCT has been proactively involved in
efforts to create solutions for managing post-consumer paint, through its
5-point Program for Dealing with
Leftover Paint, its involvement as a
part of the Paint Product Stewardship
Initiative (PPSI)(see the June 2009
issue of Coatings Tech for more on
PPSI) and, most recently, through
advocating for legislation (see related
article on this page).
