340-090-0060 Determination of Wasteshed and Overall Statewide Recovery Rates (1) DEQ may calculate recovery rates for the wastesheds listed in OAR 340-090-0050 by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the total weight of municipal solid waste disposed that was generated in each respective wasteshed. (2) Recovery rates must include the following: (a) All materials collected for recycling, both source separated or sorted from solid waste, including yard debris; (b) Beverage containers collected under the requirements of ORS 459A.700 - 459A.740; (c) Notwithstanding the foregoing, no material shall be counted toward the recovery rate if it is disposed of. (3) As used in this rule, “viable market” means a person located within a wasteshed that will pay for the material or accept the material free of charge or a person located outside a wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material. (4) Recovery rates may include the composting or burning for energy recovery of the material collected under sections (1) and (2) of this rule when there is not a viable market for recycling that material, provided that the following conditions are met: (a) If the material is burned for energy recovery and then included in the recovery rate for Clackamas, Multnomah or Washington Counties in aggregate or for Benton, Lane, Linn, Marion, Polk or Yamhill County wastesheds, the same material, when burned as part of mixed solid waste, may be included in the recovery rate for a wasteshed that burns mixed solid waste for energy recovery. The amount of the material within the mixed solid waste that may be included in the recovery rate for energy recovery shall be determined by a waste composition study performed by the wasteshed at least every six years. (b) Mixtures of materials that are composted or burned for energy recovery shall not be included in the recovery rate if more than half of the mixed materials by weight could have been recycled if properly source-separated; and (c) A place does not exist within a wasteshed that will pay for the material or accept it for free or a place does not exist outside of the wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material to market; and (d) The appropriate county or Metropolitan Service District in the report required under OAR 340-090-0100 provides data on the weight, type of material and method of material recovery for material to be counted in the recovery rate under this section and written explanation of the basis for determining that a viable market did not exist for the wasteshed, including markets available within and outside of the wasteshed, transportation distances and costs, and market prices for the material if it were to be recycled as source separated material. (5) Recovery rates shall not include the following: (a) Industrial and manufacturing wastes such as boxboard clippings and metal trim that are recycled before becoming part of a product that has entered the wholesale or retail market, or any pre-consumer waste; (b) Metal demolition debris in which arrangements are made to sell or give the material to processors before demolition such that it does not enter the solid waste stream; (c) Discarded vehicles or parts of vehicles that do not routinely enter the solid waste stream. Except that, discarded vehicle parts that are received at recycling drop-off facilities operated as part of the general solid waste management system are included in the recovery rate calculation; (d) Commercial, industrial and demolition scrap metal, vehicles, major equipment and home or industrial appliances that are handled or processed for use in manufacturing new products and that do not routinely enter the solid waste stream through land disposal facilities, transfer stations, recycling depots or on-route collection programs; (e) Material recovered for composting or energy recovery from mixed solid waste, except as provided in subsection (2)(a) and section (4) of this rule; (f) Mixed solid waste burned for energy recovery, except as provided by subsection (4)(a) of this rule. (6) For the purposes of calculating the recovery rate DEQ may not include the following in the total solid waste disposed: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Solid waste disposed of at an industrial solid waste disposal site; (c) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin for such materials delivered and reports the weight and appropriate wasteshed in the reports required to be submitted to DEQ under OAR 340-090-0100(3); (d) Solid waste received at an ash monofill from an energy recovery facility; and (e) Any solid waste not generated within the state of Oregon. Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020 Statutes/Other Implemented: ORS 459A.010 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 8-2005, f. & cert. ef. 7-14-05 DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 10-1994, f. & cert. ef. 5-4-94 DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)