justicedao/ipfs_state_laws huggingface dataset:
340-090-0390 Waste Composition (1) A waste composition study DEQ undertakes must consist of a representative, statistically valid sampling of Oregon's municipal solid waste. DEQ must design a protocol of standards and procedures which relate to: (a) Developing a representative sampling plan; (b) Applying the definition of a rigid plastic container in OAR 340-090-0330 when identifying and categorizing rigid plastic containers in the field; (c) Maintaining quality control, including training and auditing; (d) Performing sampling, including but not limited to sample selection, sorting, weighing; and (e) Field data adjustments for contamination including moisture, food and other non-plastic materials. (2) DEQ must report the findings of the waste composition study, the methodologies used and information regarding potential error. Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020 Statutes/Other Implemented: ORS 459A.035 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0420 Confidential Information Procedure (1) DEQ may not disclose to the public records provided to DEQ if: (a) The records contain trade secrets as defined in ORS 192.501(2) or 646.461(2); (b) The records, or the applicable portions thereof, are clearly identified as trade secrets; and (c) The person claiming trade secret status for specific information has provided substantiation as to why the material is a trade secret. (2)(a) DEQ must notify the person who requests confidentiality if a request is received to disclose those records. The notice must: (A) Be delivered at least 15 days before DEQ discloses any of the records; (B) Include a copy of any written request or a summary of any oral request for disclosure; and (C) State how DEQ intends to respond to the request. (b) If a product or container manufacturer wishes to defend their trade secret claim, the manufacturer must respond with a written justification for the basis of their trade secrets claim. Such justification must be delivered to DEQ within 15 days of DEQ’s notice of a request to disclose those records. (3)(a) DEQ will notify the product manufacturer of any information requested directly from the container manufacturer; (b) Upon request from the product manufacturer, DEQ will make available to the product manufacturer copies of records received from the container manufacturer concerning that product manufacturer, except as provided in section (2) of this rule, so that the product manufacturer may identify which of the records, if any, contain trade secrets of the product manufacturer; (c) If the product manufacturer complies with section (1) of this rule with respect to the records of a container manufacturer, DEQ must follow the provisions in section (2) of this rule if it receives any request to disclose those records. Statutory/Other Authority: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020 Statutes/Other Implemented: ORS 459A.010 History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 26-1994, f. & cert. ef. 11-2-94
340-090-0430 Violations (1) Violations of these rules are punishable as provided in ORS Chapter 459.995 and pursuant to OAR 340-012-0042 and 0065. (2) DEQ may not enforce the provisions of ORS 459A.650 to 459A.660 during the first full calendar year after DEQ determines for the first time that the aggregate recycling rate for compliance purposes is less than 25 percent. (3) DEQ may not enforce the provisions of ORS 459A.650 to 459A.660 until January 1, 1998. After that time DEQ must take enforcement action for violations of ORS 459A.650 to 459A.660 occurring on or after January 1, 1998. Statutory/Other Authority: ORS 459A.025 & 468.020 Statutes/Other Implemented: ORS 459A.660 & Ch. 584 OL 1995 History: DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023 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
340-090-0510 Mercury Thermostat Labeling The following administrative rule establishes standards for labeling mercury-containing thermostats as ORS 459.045(3)(b) requires relating to the implementation of ORS 646.608(1)(y). The purpose of this rule is to provide sufficient information to purchasers of thermostats to ensure that the mercury contained in the thermostats does not become part of the solid waste stream or wastewater. (1) As used in this rule, "thermostat" and "mercury-containing thermostat" mean a device commonly used to sense and, through electrical communication with heating, cooling, or ventilation equipment, control room temperature. (2) All mercury-containing thermostats sold in Oregon must meet the following labeling requirements: (a) The mercury-containing thermostat must have a label that contains the following information: (A) The wording "Contains Mercury. Manage Properly." (B) An icon containing the symbol of a person dropping an object into a trashcan with a circle and slash overprinted on the image, indicating "Do not dispose in trash". (b) The label must be affixed to the product so that the label is clearly visible and legible. The font size for print on the label must be no smaller than 10 point. (c) The label affixed to the product must be printed, mounted, molded, engraved or otherwise affixed, using materials that are sufficiently durable to remain legible for the useful life of the product. (d) If the product is sold in packaging that obscures the label on the product, then the packaging also must have a label meeting the same standards as the product label. If, prior to the sale, a retailer re-packages the product, then the retailer must label the new packaging in accordance with this rule. (3) Failure to meet the provisions of this rule may result in enforcement under the provisions of the Unlawful Trade Practices Act, ORS 646.605 to 625. Statutory/Other Authority: 459.045 Statutes/Other Implemented: 646.608(1)(y) History: DEQ 3-2017, f. & cert. ef. 1-19-17 DEQ 7-2002, f. & cert. ef. 6-11-02
340-090-0600 Purpose and Applicability OAR 340-090-0610 to 0810 implement the Plastic Pollution and Recycling Modernization Act, ORS 459A.860 to 459A.975. These rules also describe Producer Responsibility Organization obligations, standards and methods for local government compensation, and the recycling acceptance lists. The rules relate to the requirements of ORS 459A.869, 459A.872, 459A.875, 459A.878, 459A.881, 459A.884, 459A.890, 459A.896, 459A.914, and 459A.926. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0610 Definitions Unless the context requires otherwise, terms used in OAR 340-090-0610 to 0810 have the meanings provided by 459A.863. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0620 Effective Date (1) The following rules which relate to requirements of a producer responsibility organization plan are effective upon filing with the Secretary of State: (a) OAR 340-090-0640(2)(e)(F), (2)(h) and (6). (b) OAR 340-090-0650(1)(a), (1)(e) and (2)(b). (c) OAR 340-090-0660(2)(b). (d) OAR 340-090-0670(2)(d), (3)(b) and (3)(e). (e) OAR 340-090-0720. (f) OAR 340-090-0750. (g) OAR 340-090-0780. (h) OAR 340-090-0790. (i) OAR 340-090-0810(1)(a). (2) The following rules which relate to producer responsibility organization fees, interim coordination, modified market share, producer definition, producer pre-registration, covered products and local government identification of service providers are effective upon filing with the Secretary of State: (a) OAR 340-090-0680. (b) OAR 340-090-0690. (c) OAR 340-090-0700(2). (d) OAR 340-090-0800(3). (e) OAR 340-090-0840. (f) OAR 340-090-0860. (g) OAR 340-090-0870. (3) All other rules in OAR 340-090-0630 to 0830, OAR-340-090-0850, OAR 340-090-0900 to 0940 and the amendments to OAR 340-090-0005 to 0430 are effective on July 1, 2025. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024 DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0710 Proprietary Information (1) For purposes of ORS 459A.860 to 975 “proprietary information” is information protected as a trade secret under the Uniform Trade Secrets Act. (2) A party providing information to DEQ that it considers proprietary or otherwise confidential must, at the time it provides the information, specify that the information is proprietary or otherwise not subject to disclosure. The claim must be assigned to specific information and not a generalized statement. (3) DEQ may require at any time that a claimant substantiate its claim that information is proprietary or confidential. (4) Notwithstanding section 1 of this rule, the following information is not proprietary for purposes of ORS 459A.860 to 975: (a) Information that is already publicly available and where any potential economic value is derived solely from compilation; (b) The market shares of producer responsibility organizations; (c) The list of the top 25 producers in Oregon by market share in alphabetical order, and (d) The list of end markets of Oregon’s waste including the business or person name; city, state, region, and country; identity of the material received by each business or person; and amount received aggregated by destination country, excluding the names of the commingled recycling processing facilities where the waste originated. This data in its disaggregated form is proprietary information per ORS 459A.955(2)(h)(B), but is not proprietary information at the level of aggregation indicated here. (5) If necessary for the implementation or enforcement of ORS 459A.860 to 975, DEQ may bring proprietary information to the attention of a producer responsibility organization, provided that the producer responsibility organization agrees to treat the information in accordance with the limitations in statute and rule. (6) If DEQ has made a decision to bring proprietary information to the attention of a producer responsibility organization, DEQ will notify the disclosing party at least seven days prior to sharing the information. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0720 Program Calendar (1) The first three-year producer responsibility program plan period will include the 2025, 2026, and 2027 calendar years. It will run from July 1, 2025 (or earlier in 2025, if stipulated in approved program plan) to December 31, 2027. (2) Subsequent producer responsibility program plan periods will run for five-year increments beginning on January 1 and ending on December 31 (the first set of updated plans will be valid from a start date of January 1, 2028 through to an end date of December 31, 2032). (3) Prospective new producer responsibility organizations may submit program plans on the same calendar as renewal applicants (180 days before the end of a program period) and may also submit plans at other times (for example, midstream in a program period) upon petitioning DEQ and receiving advance approval. (4) Any program plan submitted under OAR 340-090-0720(3) must include evidence that the prospective producer responsibility organization is capable of meeting the 10% minimum market share threshold per ORS 459A.869(12). Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0730 Producer responsibility organizations with less than 10 percent market share (1) If DEQ determines that a producer responsibility organization’s market share has fallen below the 10 percent threshold provided by ORS 459A.869(12), DEQ shall: (a) Issue notification to the producer responsibility organization of the intent to revoke plan; (b) Begin a 60-day review process, during which the producer responsibility organization may describe any actions it will undertake to exceed the 10 percent threshold; (c) After the conclusion of the 60-day review period, issue either an order revoking the producer responsibility organization’s program plan or a notification that the plan will not be revoked; and (2) If DEQ revokes a plan under this rule the producer responsibility organization must notify its producer members. Producer responsibility organization members will have 60 days to transition to another producer responsibility organization. (3) If DEQ notifies a producer responsibility organization that a plan will not be revoked, pursuant to subsection 1(c) of this rule, DEQ may include any of the actions described by the producer responsibility organization pursuant to subsection 1(b) of this rule as conditions on its decision not to revoke the plan. (4) An order revoking a plan under this rule may be appealed as provided in ORS chapter 183. (5) DEQ will provide all other producer responsibility organizations with a copy of the following notifications and decisions described in this section: (a). A notification of intent to revoke a plan pursuant to subsection (1)(a); (b) An order revoking a plan or notification that the plan will not be revoked pursuant to subsection (1)(c); (c) Conditions applied to a producer responsibility plan on its decision to not revoke the plan provided pursuant to section (3); and (d) A decision by the producer responsibility organization to appeal the DEQ order to revoke the plan pursuant to section (4). Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0740 Reporting for plastic goal To enable DEQ to assess progress toward the statewide plastic recycling goal, a producer responsibility organization’s annual reporting of the weight of plastic packaging and food serviceware sold in Oregon by member producers, required under ORS 459A.887(2)(c), must use a product categorization that aligns with the uniform statewide collection list and PRO recycling acceptance list categorizations of products. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0750 Program plan amendments and producer responsibility organization fees (1) A producer responsibility organization's routine, annual updating of base fee rate amounts to align with the most recent supply information received from member producers or updated material cost allocations from related studies does not constitute a method change and will not require a program plan amendment. (2) Alternate approaches to determining membership fees, including changes to the overall criteria for and magnitude of graduated fee adjustments, require a program plan amendment. Changes to the fee adjustments granted to individual producers will not require a program plan amendment. (3) A producer responsibility organization may request provisional approval of a plan amendment if it needs to implement a fee structure method change rapidly due to financial urgency. If such a request is made, DEQ will respond within 30 days. If provisional approval is granted, the producer responsibility organization may implement the fee schedule method change on a provisional basis while the process for final approval, pursuant to ORS 459A.878, is ongoing. If the plan amendment is ultimately not approved, the producer responsibility organization must correct its member accounts to reverse the provisional change. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0760 Producer responsibility organization membership fees A material is accepted by recycling collection programs in this state, for the purpose of ORS 459A.884(3), only if it is designated by rule on the Local Government Recycling Acceptance List, pursuant to OAR 340-090-0630(2), or the Producer Responsibility Organization Recycling Acceptance List, pursuant to OAR 340-090-0630(3), or otherwise has been added to the Uniform Statewide Collection List by the mechanism provided for in ORS 459A.914(4)(b). Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0780 Method for Determining Payment of Transportation Costs (1) A producer responsibility organization must include in a program plan submitted under ORS 459A.875 methods for calculating transportation costs. (a) Methods may include rate schedules or zonal maps specific to locations and materials, periodic adjustments for fuel prices or other variable factors. (b) Methods must account for proximity to an appropriate commingled recycling processing facility or responsible end market that has capacity to process or recycle the material and other factors that could affect transportation costs. (c) Methods must include a voluntary option that allows local governments or service providers and a producer responsibility organization to agree to transfer some or all transportation responsibilities to the producer responsibility organization or coordinating body. (d) A producer responsibility organization must share a draft approach and seek feedback from local governments and local government service providers to develop the proposed methods. (e) DEQ will consider feedback from local governments and local government service providers on the method proposed by the producer responsibility organization in determining whether to approve the method as part of the producer responsibility plan under ORS 459A.878. DEQ may require a producer responsibility organization to amend an approved program plan at any time if the department determines that the approved methods are not adequate. (f) A producer responsibility organization must implement the method for paying transportation costs approved as part of its program plan. (2) A producer responsibility organization, or a coordinating body, a local government or designated local government’s service provider and DEQ may agree in writing to use an alternative method of calculating transportation costs that is not approved as part of the program plan, provided that the alternative method complies with ORS 459A.890(2)(c) and any other applicable requirements. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023
340-090-0850 2024 Producer Responsibility Organization Annual Reporting A producer responsibility organization must include in its annual report for 2025 an addendum that provides a complete accounting of costs incurred in 2024 relating to activities described in ORS 459A.887(2)(e) to (i). The addendum should contribute to demonstrating that fees are adequate to cover the costs of the program, including start-up costs incurred prior to the start date. Statutory/Other Authority: ORS 459A.887 Statutes/Other Implemented: ORS 459A.887 History: DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024
340-090-0870 Producer Pre-Registration A producer that intends to sell, offer for sale or distribute covered products in or into this state on or after July 1, 2025 must pre-register with and submit data on covered products sold in or into the state in 2024 to a producer responsibility organization no later than March 31, 2025. Failure to pre-register does not prevent a producer from registering with a producer responsibility organization and beginning to pay member fees on or after July 1, 2025. This requirement does not apply to small producers, nor to producers that did not sell, offer for sale, or distribute covered products in or into the state in 2024. Statutory/Other Authority: ORS 459A.866 Statutes/Other Implemented: ORS 459A.866 History: DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024
340-091-0010 Purpose for Waste Reduction Programs and Recycling Certification (1) The Commission’s purpose in adopting rules OAR 340-091-0010 through 340-091-0090 for waste reduction programs pursuant to ORS 459.055 and 468.220 and for certifying that a sufficient opportunity to recycle is provided pursuant to ORS 459.305 is to: (a) Conserve valuable landfill space by insuring that the persons who generate the garbage going to a disposal site have the opportunity to recycle, and that the amount of recyclable material being disposed of is reduced as much as is practical; (b) Protect groundwater resources and the environment and preserve public health by reducing the waste going to landfills; and (c) Conserve energy and natural resources by promoting the reuse and recycling of materials as a preferred alternative to disposal. (2) The purpose as stated in section (1) of this rule is to apply regardless of the state or jurisdiction in which the waste was generated. (3) The Department shall not have enforcement authority regarding the requirements of ORS 459A.005 to 459A.085 and 459.250, or rules adopted under these statutory requirements, for out-of-state persons other than the ability to accept or reject waste reduction programs and determine whether or not waste reduction programs are being implemented, thus restricting the disposal of wastes in a landfill when an adequate opportunity to recycle has not been provided to the generators of the wastes, or where an approved waste reduction program is not being implemented in the area where the waste is generated. (4) It is the intent of the Commission that where a local government requests funding, technical or landfill assistance under ORS 459.047 through 459.057 or 468.220, the local government shall make a good faith effort toward development, implementation and evaluation of waste reduction programs. Statutory/Other Authority: ORS 459A.025, 459.045 & 468.020 Statutes/Other Implemented: ORS 459.015, 459.047-057, 459.250, 459.305, 459A.005-085 & 468.220 History: DEQ 27-1998, f. & cert. ef. 11-13-98 DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0090 DEQ 23-1990, f. & cert. ef. 7-6-90 DEQ 1-1989, f. & cert. ef. 1-27-89
340-091-0020 Applicability for Waste Reduction Programs and Recycling Certification (1) Waste Reduction Programs: A waste reduction program approved by the Department under OAR 340-091-0080 shall be required before: (a) Issuance of a disposal site permit under ORS 459.047 through 459.055 and 459.205 through 459.273 for a disposal site expected to accept more than 75,000 tons of waste per year from any person; (b) Issuance of Pollution Control Bond Fund monies to a local government pursuant to ORS 468.220; or (c) A disposal site accepts more than 75,000 tons per year of wastes from any person. 75,000 or more tons per year of solid waste originating outside Oregon may be accepted from a single source generator or wasteshed if the disposal site operator provides written notice to the Department before receiving the first shipment of waste pursuant to OAR 340-091-0035, and if, within two years of first receiving the waste, the disposal site operator submits information to the Department making the demonstration required by OAR 340-091-0035(4). (2) Recycling Certification: Certification under OAR 340-091-0030 shall be required before waste from a person may be accepted for disposal by a disposal site unless the person is exempt under OAR 340-091-0030(6). (3) Certification of a local government unit constitutes certification for all persons within that local government unit. (4) For persons other than local governments in a jurisdiction that has not been certified, a recycling certification is required for residential, institutional and commercial waste. Statutory/Other Authority: ORS 459A.025, 459.045, 459.305 & 468.020 Statutes/Other Implemented: ORS 459.055, 459.305 & 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 340-060-0091 DEQ 23-1990, f. & cert. ef. 7-6-90