340-091-0030 Standards for Recycling Certification (1) Opportunity to recycle. For purposes of OAR 340-091-0010 to 0090, the opportunity to recycle means that: (a) For any person other than a local government unit, the opportunity to recycle is available locally or that the person has a program in place which provides the opportunity to reduce the waste disposed of by the person through waste prevention, reuse and recycling; (b) For local government units, the requirements of OAR 340-090-0020, 0030, 0040, and 0050 have been met, or the disposal site permittee on behalf of the local government unit has requested and received approval for an alternative method under OAR 340-090-0080; (c) For waste originating outside Oregon, there is a program for recycling in place which either: (A) Has achieved a recovery rate equivalent to that achieved in a comparable county in Oregon; or (B) Is equivalent to the opportunity to recycle as required in subsection (1)(a) or (b) of this rule, except that a local government unit shall not be required to meet the recovery rate in OAR 340-090-0050. (2) Except as otherwise provided in section (6) of this rule, a disposal site may not accept any solid waste unless the Department has certified that: (a) The recycling programs offered to or by the person provide an opportunity to recycle; or (b) If the person is a local government unit, the recycling program meets the requirements of ORS 459A.005 to 459A.085 and 459.250. (3) A person shall be considered certified if the person has not been decertified under OAR 340-091-0040 and if: (a) The permittee of the disposal site has submitted or caused to be submitted an initial recycling report containing the information required in OAR 340-091-0050, and the Department has approved or conditionally approved the report; or (b) The Department has approved or conditionally approved an initial recycling report submitted under OAR 340-090-0100. (4) The date of certification shall be considered to be the date that the initial recycling report was first approved, or conditionally approved, by the Department. (5) For each initial recycling report submitted to fulfill the requirements of section (3) of this rule, the Department shall respond by 60 days after receipt of a completed initial recycling report by either certifying that the opportunity to recycle is provided or by indicating what deficiencies exist in providing the opportunity to recycle. If the Department does not respond within this time limit, the local government unit shall not be considered to be certified under OAR 340-091-0030. (6) A disposal site may accept wastes for disposal without certification required under section (2) of this rule, if: (a) The person is implementing a waste reduction program under ORS 459.055 and OAR 340-091-0070 that is approved by the Department; or (b) The disposal site accepts no more than 1,000 tons per year of wastes generated within any single local government unit. This 1,000 ton per year exemption shall apply separately to each incorporated city or town or similar local government unit, and to the unincorporated area of each county or similar local government unit, but not to other smaller geographic units referred to in section (7) of this rule; or (c) The wastes are generated from a person outside the State of Oregon. (7) For the purposes of OAR 340-091-0100 to 0110, the term “local government unit” shall include smaller geographic units such as individual franchise or contract areas if a disposal site requests that the Department certify the recycling programs in the smaller geographic unit. The Department will certify the recycling programs in the smaller geographic unit if it determines that the opportunity to recycle is provided to all residents and businesses within the unit, as provided in section (1) of this rule, and that the boundaries of the unit were not drawn for the purpose of excluding potential recycling opportunities or otherwise reducing recycling requirements. Statutory/Other Authority: ORS 459A.025, 459.045, 459.305 & 468.020 Statutes/Other Implemented: ORS 459.055, 459.305, 459A.005-085 & 468.220 History: DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 9-1996, f. & cert. ef. 7-10-96 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0095 DEQ 23-1990, f. & cert. ef. 7-6-90 DEQ 1-1989, f. & cert. ef. 1-27-89