340-090-0190 Yard Debris Recycling Charges (1) The EQC’s purpose in adopting this rule governing when a fee may be charged for yard debris recycling services is to: (a) Ensure that a financial disincentive for recycling is not created for any waste generator; (b) Increase recovery of yard debris and stimulate participation in yard debris recycling programs; (c) Acknowledge the rate considerations due to the extreme variability of volumes generated; (d) Ensure that service provided to multi-family generators residing in dwellings of four or fewer units is equivalent to service provided to single family residences. (2) The purpose as stated in section (1) of this rule is to apply to those recycling programs required under ORS 459A.005, 459A.010 and 459.250. (3) As used in this rule, "residential generator" means any generator of recyclable material located in single or multi-family dwellings up to and including four units. (4) As used in this rule, a "unit of yard debris" is the equivalent of a 32-gallon can, a similar sized bag, or the standard unit of yard debris service provided, whichever is greater. (5) Residential generators of yard debris participating in a regularly scheduled yard debris collection service in the Metro wasteshed, may be charged a fee for yard debris recycling service. The cost of collection of at least the equivalent of one unit of yard debris per month must be incorporated into the base fee charged for solid waste and recycling collection and disposal. An additional fee may be charged for yard debris service which exceeds the equivalent of collection of one unit of yard debris per month. Where multi-family complexes are treated as a single customer, the local government providing the yard debris service must assure that yard debris service is provided at a level equivalent to service provided single-family dwellings. Local governments must make this determination and any related adjustment in service, no later than their next rate review process. In addition to the base fee charged for solid waste and recycling collection and disposal, which must include the first unit of yard debris, local governments may charge a fee for: (a) Collection of any volumes of yard debris over and above the first unit which is included in the base fee, where the generator is a solid waste customer; (b) Collection of any volumes of yard debris where the generator is not a solid waste customer; (c) Yard debris collected through a depot program or other alternative method including on-call service. (6) The total additional yard debris recycling fee charged to any generator of yard debris for collection of yard debris must be less than the fee that would have been charged for collection of that same volume of yard debris as mixed solid waste. (7) Yard debris recycling fees in addition to the base fee charged for solid waste collection and disposal may be charged for the collection of yard debris on-route or at a depot outside the Metro wasteshed. ( 8) Each city, county or metropolitan service district in the Metro wasteshed must individually, or jointly through intergovernmental agreement, implement a yard debris program that at a minimum meets the requirements of OAR 340-090-0030 when the option under OAR 340-090-0040(3)(e) is not chosen or request approval of an alternative program for providing the opportunity to recycle under OAR 340-090-0080. Statutory/Other Authority: ORS 459A.025, 459.045, 459A.005 - 459A.085 & 468.020 Statutes/Other Implemented: ORS 459.015, 459.250, 459A.005 & 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 9-1993, f. & cert. ef. 6-16-93 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0130 DEQ 9-1991, f. & cert. ef. 6-20-91