justicedao/ipfs_state_laws huggingface dataset:
340-083-0510 Distressed County Index (1) The Distressed County Index is calculated by multiplying together the following four composite factors using the latest data available on the date of calculation: (a) The state's unemployment rate divided by the county's unemployment rate (U.S. Department of Labor Bureau of Labor Statistics); (b) The county's per capita personal income divided by the state's per capita personal income (U.S Department of Commerce Bureau of Economic Analysis); (c) The percent change in the county’s average covered payroll per worker over a two year period (U.S. Department of Labor Bureau of Labor Statistics); and (d) The percent change in the county’s employment over a two-year period (U.S. Department of Labor Bureau of Labor Statistics). (2) The nine most distressed counties are the nine counties with the lowest distressed county index values. Statutory/Other Authority: Sec. 6a, Ch. 662 & OL 2015 Statutes/Other Implemented: Sec. 6a, Ch. 662 & OL 2015 History: DEQ 75-2018, minor correction filed 04/09/2018, effective 04/09/2018 DEQ 2-2016, f. & cert. ef. 2-4-16
340-083-0520 Tonnage Calculation (1) As used in this rule and OAR 340-083-0530, “solid waste disposed” means the total weight of solid waste received for final disposal or destruction other than the following: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Waste disposed of at an industrial waste disposal site; (c) Industrial waste, ash, rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site or demolition disposal site; (d) Waste received at an ash monofill from an energy recovery facility; (e) Solid waste not generated within this state; and (f) Solid waste not subject to the fee established in ORS 459A.110(1). (2) For Umatilla County, the “tonnage disposed” for the county is equal to the solid waste disposed in the previous calendar year that was generated in either the Umatilla or the Milton Freewater wastesheds. (3) For all other counties, the “tonnage disposed” for each county is calculated by multiplying the solid waste disposed in the previous calendar year that was generated within the wasteshed that contains the majority of the county population, multiplied by the ratio of the county population to the wasteshed population. (4) The “economically distressed tonnage disposed” is equal to the sum of “tonnage disposed” for the nine most economically-distressed counties as identified in OAR 340-083-0510. (5) The “Oregon tonnage disposed” is the sum of the tonnage disposed as calculated in sections (2) and (3) for all Oregon counties combined. (6) The “tonnage adjustment factor” is calculated as follows: (a) If the “economically-distressed tonnage disposed” is less than or equal to ten percent of the “Oregon tonnage disposed,” then the “tonnage adjustment factor” is equal to 1. (b) If the “economically-distressed tonnage disposed” is greater than ten percent of the “Oregon tonnage disposed,” then the “tonnage adjustment factor” is equal to ten percent of the “Oregon tonnage disposed” divided by the “economically-distressed tonnage disposed.” (7) For each county, the “adjusted tonnage disposed” for each year is equal to the “tonnage disposed” for that county multiplied by the “tonnage adjustment factor.” Statutory/Other Authority: Sec. 6a, Ch. 662 & OL 2015 Statutes/Other Implemented: Sec. 6a, Ch. 662 & OL 2015 History: DEQ 73-2018, minor correction filed 04/09/2018, effective 04/09/2018 DEQ 2-2016, f. & cert. ef. 2-4-16
340-083-0530 Payments to Economically-Distressed Counties (1) For the nine most economically-distressed counties identified in OAR 340-083-0510, the rebate paid to the county as specified in OAR 340-083-0500 (1) is $0.28 multiplied by the “adjusted tonnage disposed” for that county calculated under OAR 340-083-0520. (2) If a city within one of the nine most economically-distressed counties owns or operates a land disposal site, energy-recovery facility or incinerator, DEQ shall distribute to the city instead of the county the portion of the rebate based on tons of solid waste disposed that was generated in the county and disposed of at the land disposal site or energy recovery facility or incinerator owned by the city. (3) Moneys a city or county receives through the rebate program may be used only for: (a) Purposes authorized in ORS 459A.120; (b) Operating solid waste disposal facilities; or (c) Reducing disposal fees. Statutory/Other Authority: Sec. 6a, Ch. 662 & OL 2015 Statutes/Other Implemented: Sec. 6a, Ch. 662 & OL 2015 History: DEQ 2-2016, f. & cert. ef. 2-4-16
340-090-0005 Purpose OAR 340-090-0005 to 0510 establish the minimum requirements for providing the opportunity to recycle. These rules also describe the standards for waste prevention, reuse, recovery, and recycling programs in Oregon. The rules are adopted under the authority of ORS 459.045, 459A.025 and 468.020. These rules relate to the requirements of ORS 459.015, 459.250, 468.862 and Chapter 459A. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.025 & 459A.575 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0005 DEQ 26-1984, f. & cert. ef. 12-26-84
340-090-0015 Scope and Applicability (1) OAR 340-090-0005 to 0510 describes the requirements for waste reduction and recycling programs for residential and commercial solid wastes. (2) The requirements in OAR 340-090-0005 to 0510 apply to local governments generally and where specified to landfill owners/operators, solid waste collection services, and other persons. (3) OAR chapter 340, division 90 is adopted under the authorities in ORS Chapter 459 and 459A and should be used in conjunction with the laws of the State of Oregon. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.005, 459A.010, 459A.020, 459A.025, 459A.030, 459A.035, 459A.040, 459A.050, 459A.055, 459A.060, 459A.065, 459A.070, 459A.075, 459A.080, 459A.085, 459A.100, 459A.110, 459A.115 & 459A.120 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)
340-090-0020 Opportunity to Recycle The opportunity to recycle as set forth in ORS 459A.005, 459A.007, 459A.008 and 459A.010, includes at a minimum the requirements described in OAR 340-090-0030, 340-090-0040, 340-090-0042, and 340-090-0050. The appropriate city, county, or metropolitan service district, may request approval of an alternative program for meeting the requirements of the opportunity to recycle under OAR 340-090-0080. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.005 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0020 DEQ 26-1984, f. & cert. ef. 12-26-84
340-090-0120 Confidential Information This rule describes and clarifies which information submitted to DEQ under the requirements of OAR 340-090-0100 DEQ must handle as confidential and the procedures for maintaining confidentiality. (1) DEQ must maintain as confidential information collected under OAR 340-090-0100(5) and (6) as it relates to customer lists or names and specific weights and types of materials collected or processed. (2) Upon the provider’s request, DEQ must maintain as confidential information the information specifically relating to customer lists or specific types and amounts of materials marketed for materials collected on-route that a collection service provider voluntarily submits to DEQ under a survey. (3) DEQ must designate a Documents Control Officer for purposes of receiving confidential information and for secure storage and management of such information. (4) DEQ must limit access to information submitted as confidential under OAR 340-090-0100(5) and (6) to employees and representatives of DEQ involved in carrying out the requirements of ORS Chapter 459 and 459A. (5) DEQ may use and disclose the information submitted under OAR 340-090-0100(5) and (6) in aggregate form. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.010 History: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)
340-090-0130 Fair Market Value Exemption (1) To qualify for exemption under ORS 459A.075 a source-separated recyclable material must be: (a) Source-separated by the generator; and (b) Purchased from or exchanged by the generator for fair market value for recycling or reuse. (2) If, as part of the opportunity to recycle, a city or county requires by franchise that residential collection service of recyclable material be provided and identifies a group of two or more materials as the recyclable material for which the residential collection service must be provided, then: (a) "Fair market value" of any material within the identified group must include the provisions of collection service for all material in the identified group; and (b) "Recyclable material" means the group identified by the city or county. (3) Local government may designate classes of residential dwellings to which specific types or levels of collection service are to be provided. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.075 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0050 DEQ 26-1984, f. & cert. ef. 12-26-84
340-090-0140 Recyclable Material Economic Test This rule describes the factors that DEQ must consider in determining if a material can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material. (1) DEQ must calculate the cost of collection and sale of a recyclable material by considering the collector's costs from the time the material is source separated and leaves the use of the generator until it is first sold or transferred to the person who recycles it. DEQ must consider all costs and savings associated with collection of a recyclable material in the calculation. (2) DEQ must consider any measurable savings to the collector resulting from making a material available for recycling as opposed to disposal the same as income from sale. (3) DEQ must calculate the cost of collection and disposal of material as solid waste by using the total costs of collection and disposal. Costs must include fees charged, taxes levies or subsidy to collect and to dispose of solid waste. Costs must also include, but are not limited, to the costs to comply with applicable statutes, rules permit conditions and insurance requirements. (4) DEQ may use the amount and value of any source separated material that is collected or received as part of a recycling requirement of a permit or a city or county franchise determining whether remaining material meets the definition of recyclable material. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.010 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0055 DEQ 26-1984, f. & cert. ef. 12-26-84
340-090-0150 Due Consideration (1) In determining who must provide the opportunity to recycle, a city or county must first give due consideration to any person lawfully providing recycling or collection service on June 1, 1983, if the person continues to provide the service until the date the determination is made and the person has not discontinued the service for a period of 90 days or more between June 1, 1983, and the date the city or county makes the determination. (2) "Due consideration" includes at a minimum: (a) A general notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise; (b) A timely written notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise sent to persons entitled by ORS 459A.085(6)(c) to due consideration where such persons are known to the city or county or where such person has filed a timely written request for such notices with the city or county; (c) An opportunity for public comment on the proposed franchise; and (d) Consideration of, and response to, a timely application for a recycling collection franchise from a person entitled to due consideration and response. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.085 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0085 DEQ 26-1984, f. & cert. ef. 12-26-84
340-090-0180 Used Oil Recycling Signs (1) Retail sellers of more than 500 gallons of lubrication or other oil annually in containers for use off premises must post and maintain durable and legible signs. (2) Retail sellers must print and provide their own signs. The signs must contain the following information: (a) Information on the energy and environmental benefits gained by recycling used motor oil; (b) Telephone number where people can call to obtain more information on oil recycling depots and other oil recycling opportunities; (c) Information on how to recycle used oil; (d) Information on at least one conveniently located used oil recycling depot, or other oil recycling opportunity, i.e., name, location, and hours of operation; (3) The signs this rule requires must be no smaller than 11 inches in width and 14 inches in height. (4) DEQ suggests that the following appear on the sign "Conserve Energy — Recycle Used Motor Oil", in at least inch-high letters. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459A.575 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-061-0062 DEQ 7-1987, f. & cert. ef. 3-18-87 DEQ 4-1979, f. & cert. ef. 2-2-79
340-090-0310 Rigid Plastic Containers: Purpose The following administrative rules, OAR 340-090-0320 - 0430, are intended to establish the minimum requirements for implementing the Oregon Rigid Plastic Container Recycling Law, ORS 459A.650 through 680. The Commission's purposes in adopting these rules are to: (1) Reduce the amount of rigid plastic containers being disposed of in Oregon; (2) Increase the reuse or recycling of rigid plastic containers that would otherwise be disposed of; (3) Increase the use of recycled material in the manufacture of rigid plastic containers. Statutory/Other Authority: ORS 459A.025 Statutes/Other Implemented: ORS 459A.650 - 459A.665 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0330 Rigid Plastic Containers (1) A rigid plastic container is a plastic bottle, jar, cup, tub, pail, "clamshell" container, or other plastic container which meets the following criteria: (a) Is designed to hold a product for sale; (b) Has a volume of not less than eight fluid ounces and not more than five gallons. The volume of the container must be determined using one of the following methods: (A) For a container which is labeled in liquid measure, the labeled volume; or (B) The measured liquid volume of the container; and (C) For containers which have a labeled product liquid volume of five gallons or less and a measured container liquid volume of more than five gallons the labeled product volume must be used. (c) Is composed predominantly of plastic resin; (d) Is able to maintain its shape, whether empty or full, under normal usage, independent of any product which it contains or other external support. Comment: Plastic tubes and blister packs are excluded from the definition of a rigid plastic container. (2) The following containers are also rigid plastic containers if they meet the criteria set forth in section (1) of this rule: (a) Plastic boxes, baskets, crates, and flower pots that are sold containing a product; (b) Plastic trays that have sidewalls designed to contain a product in the tray. (3) The determination of whether a container meets the definition of rigid plastic container must be based solely upon the characteristics of the plastic container itself at the time of determination and not upon any material used as packaging for a rigid plastic container or for packaging of individual products within a rigid plastic container. (4) Lids and caps are not considered to be part of a rigid plastic container except when they meet one of the following criteria: (a) Are designed to be permanently attached to a rigid plastic container; or (b) Independently meet the criteria set forth in section (1) of this rule. (5) The following packaging items may not be considered part of a rigid plastic container: (a) Labels; (b) Those parts of the whole package or of the rigid plastic container for which the principal purpose is to provide a tamper resistant seal. This does not include portions of a rigid plastic container that have a principal purpose other than providing a tamper resistant seal; and (c) A bag, film, or flexible inner or outer wrap that is used to cover or contain a product or a rigid plastic container. Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020 Statutes/Other Implemented: ORS 459A.650, 459A.655 & 459A.675 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0350 Compliance Standards (1) Except as provided in OAR 340-090-0340, by January 1, 1995, any rigid plastic container sold, offered for sale, or used in association with the sale or offer for sale of products in Oregon must comply with one of the following: (a) Have at least 25 percent recycled content; (b) Be made of plastic that is being recycled in Oregon at a rate of at least 25 percent by meeting one of the following criteria: (A) It is a rigid plastic container and rigid plastic containers, in the aggregate, are being recycled in Oregon at a rate of at least 25 percent by January 1, 1995; (B) It is a specified type of rigid plastic container and that specified type of rigid plastic container, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995; or (C) It is a product-associated container and that class of containers, in the aggregate, is being recycled in Oregon at a rate of at least 25 percent by January 1, 1995. (c) Be used at least five times for the same or a substantially similar use. (2) Individual rigid plastic containers sold in Oregon after January 1, 1995 but manufactured by a container manufacturer or filled by a product manufacturer prior to January 1, 1995 are not required to meet the compliance standards listed above. A product manufacturer must be able to document that the containers were filled prior to January 1, 1995. (3) For any calendar year for which DEQ determines that the aggregate recycling rate for compliance purposes is at least 25 percent, all product and container manufacturers must be deemed to be in compliance with OAR 340-090-0340, 340-090-0350, 340-090-0400 and 340-090-0410 without any further action on their part. Statutory/Other Authority: ORS 459A.025 & 468.020 Statutes/Other Implemented: ORS 459A.655 & 459A.660 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0360 Recycled Content Compliance (1) A rigid plastic container must have at least 25% recycled content by January 1, 1995 to comply with OAR 340-090-0350(1)(a). (2)(a) A container manufacturer must determine the recycled content of an individual rigid plastic container as being the same as the calculated recycled content for all the same type of rigid plastic containers manufactured during the same time period, within a one-year period, as determined by the container manufacturer, with the same input ratio of recycled material to total plastic; (b) The recycled content of a rigid plastic container is calculated by dividing the weight of recycled material used in the production of the container by the total weight of plastic material used to produce the container. The result of that calculation is a percentage, which is the recycled content. [NOTE: View a PDF of formulas by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020 Statutes/Other Implemented: ORS 459A.655 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0370 Recycling Rate Compliance A rigid plastic container may comply with OAR 340-090-0350(1)(b) by meeting one of the following criteria: (1) The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340-090-0380(2), is at least 25%. (2) It is a specified type of rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%: (a) A manufacturer using this recycling rate option may designate the type of rigid plastic containers on which the recycling rate will be based. This becomes the specified-type. A specified-type may be designated using any one or combination of the following characteristics: (A) Type of plastic resin used to manufacture the container, for example HDPE, natural HDPE, colored HDPE, PETE, PVC; (B) Shape and design of the container, for example all bottles, all tubs, all gallon jugs, all buckets; (C) Use of the container, for example milk bottles, non-milk dairy containers, household chemical containers, or other generic product lines; (D) Other specified characteristics of the container. (b) The characteristics used to identify a specified type of rigid plastic container may not exclude or limit it to an individual product-associated container. (3)(a) It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%; (b) A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line: (A) The brand of product in the container (Example: all Brand X products or all Brand Y products); (B) The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil); (C) The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars); (D) The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers); (E) Other specific characteristics or combination of characteristics which are brand specific. (4) A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to DEQ and are verifiable. Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020 Statutes/Other Implemented: ORS 459A.655, 459A.657 & 459A.665 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 26-1994, f. & cert. ef. 11-2-94