reglab/housing_qa huggingface dataset:
OR Rev Stat § 459A.055 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.055 - Variance or request for extension to provide opportunity to recycle.

(1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025. (b) The Environmental Quality Commission may grant all or part of a variance under this section. (c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665. (d) In granting a variance, the commission must find that: (A) Conditions exist that are beyond the control of the applicant; (B) Special conditions exist that render compliance unreasonable or impractical; or (C) Compliance may result in a reduction in recycling. (2) An affected person may apply to the commission to extend the time permitted under ORS 459.005, 459.015, 459.035, 459.250, 459A.005 and 459A.050 for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may: (a) Grant an extension upon a showing of good cause; (b) Impose any necessary conditions on the extension; or (c) Deny the application in whole or in part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]
OR Rev Stat § 459A.065 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.065 - Mandatory participation in recycling.

(1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling. (2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse. (3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that: (a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS 459.015; (b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and (c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS 459.015. (4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]
OR Rev Stat § 459A.070 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.070 - Limitation on amount charged person who source separates recyclable material.

(1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service charges a person who does not source separate recyclable material. (2) A collection service or disposal site may charge a person who does not have solid waste collection service but who source separates recyclable material and makes the material available for reuse or recycling, for the cost of providing that service. In no case shall the charge be greater than the charge to collect or dispose of that material as solid waste. [Formerly 459.190]
OR Rev Stat § 459A.075 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.075 - Exemptions.

Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is: (1) Source separated by the generator; and (2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerly 459.192]
OR Rev Stat § 459A.080 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules.

A person may not: (1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by a city or county to provide collection service for that recyclable material. (2) Remove any recyclable material from a container, box, collection vehicle, recycling depot or other receptacle for the accumulation or storage of recyclable material without permission of the owner of the receptacle. (3)(a) Except as provided in paragraph (b) of this subsection, mix source separated recyclable material with solid waste in any landfill or vehicle, box, container or receptacle used in solid waste collection or disposal. (b) The Environmental Quality Commission may establish by rule exemptions from the prohibition against mixing source separated recyclable materials contained in paragraph (a) of this subsection. [Formerly 459.195; 2021 c.681 §54]
OR Rev Stat § 459A.100 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.100 - Definitions for ORS 459A.100 to 459A.120.

As used in ORS 459A.100 to 459A.120: (1) "Domestic solid waste" includes but is not limited to residential, commercial and institutional wastes generated within this state. (2) "Domestic solid waste" does not include: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Building demolition or construction wastes and land clearing debris, if delivered to a disposal site that is limited to those purposes; (c) Source separated recyclable material, or material recovered at the disposal site; (d) Waste going to an industrial waste facility; (e) Waste received at an ash monofill from an energy recovery facility; or (f) Other material excluded by the Environmental Quality Commission in order to support the policies of ORS 459.015. [Formerly 459.292; 1993 c.560 §85]
OR Rev Stat § 459A.105 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.105 - Policy.

The Legislative Assembly finds and declares that: (1) Domestic solid waste disposal capacity is a matter of statewide concern; (2) The disposal in Oregon of domestic solid waste generated both outside and within Oregon will reduce the total capacity available for disposal of domestic solid waste generated in this state; (3) The disposal in Oregon of domestic solid waste generated outside Oregon and within Oregon will add to the level of environmental risk associated with the transportation and disposal of those wastes; and (4) It is in the best interest of the public health, safety and welfare of the people of Oregon to reduce the amount of domestic solid waste being generated in Oregon in order to extend the useful life of existing domestic solid waste disposal sites and to reduce the environmental risks associated with receiving waste generated outside Oregon at those sites. [Formerly 459.293]
OR Rev Stat § 459A.120 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.120 - Use of additional fees.

(1) The fees established by the Environmental Quality Commission under ORS 459A.110 shall be deposited in the General Fund and credited to an account of the Department of Environmental Quality. Such moneys are continuously appropriated to the department to fund the update and implementation of the statewide integrated solid waste management plan under ORS 459A.020 and the policies set forth in ORS 459.015. (2) Activities that may be funded to carry out the purposes of this section include but are not limited to: (a) Activities to reduce the environmental and human health impacts of materials at all stages of their life cycles, such as: (A) Promoting and enhancing waste prevention, recycling and other waste recovery activities; (B) Collecting data; (C) Researching, planning, developing and applying performance measures; (D) Developing standards and educational and promotional activities; (E) Supporting markets; (F) Demonstrating activities; and (G) Managing household hazardous wastes and materials; (b) Solid waste planning activities by counties and metropolitan service districts, as approved by the department; and (c) Providing grants or loans to fund the types of activities listed in paragraphs (a) and (b) of this subsection. In providing grants under this paragraph, the department shall give preference to providing grants for activities that reduce solid waste generation and exceed the requirements of this chapter. [Formerly 459.295; 1993 c.560 §89; 1999 c.59 §130; 2015 c.662 §7]
OR Rev Stat § 459A.125 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.125 - Maximum amount of additional fee; adjustments.

(1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that: (a) The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and (b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton fee assessed on domestic solid waste disposal under ORS 459A.110 (1), less $0.81 per ton. (2) For the biennium beginning July 1, 2017, and each subsequent biennium and subject to prior approval by the Oregon Department of Administrative Services, the Environmental Quality Commission may: (a) Proportionally adjust the fees established under this section and ORS 459A.110 to meet revenue needs consistent with the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board; or (b) Adjust for inflation by modifying the amount of the fees established under this section and ORS 459A.110 based on the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. (3) Any fee adjustment adopted pursuant to subsection (2) of this section shall be adopted not less than six months prior to the date that the fee adjustment will be effective. (4) The commission may not adopt a fee adjustment under subsection (2) of this section if the adjustment would result in: (a) A fee increase or decrease of less than two percent for the biennium for which the fee adjustment will be effective; or (b) A fee under ORS 459A.110 (1) that is greater than the maximum fee provided for in subsection (1)(a) of this section adjusted annually on July 1 by a three percent increase in the maximum fee. (5) The commission may not adopt more than one fee adjustment under subsection (2) of this section each biennium. [2015 c.662 §6; 2019 c.57 §22] Note: 459A.125 and 459A.130 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 459A.203 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.203 - Requirement to participate in drug take-back program; rules; fines.

(1) Except as provided in subsection (2) of this section, each covered manufacturer shall participate in a drug take-back program that complies with the requirements of ORS 459A.200 to 459A.266. A covered manufacturer may participate in a drug take-back program independently, as part of a group of covered manufacturers or by delegating the covered manufacturer’s duties under ORS 459A.200 to 459A.266 to a drug take-back organization. (2)(a) A covered manufacturer is not required to participate in a drug take-back program as described in subsection (1) of this section if the covered manufacturer provides sufficient proof to the Department of Environmental Quality that the covered manufacturer manufactures covered drugs for fewer than 50 patients in this state. (b) The Environmental Quality Commission may adopt rules regarding this subsection. (3) If a covered manufacturer does not participate in a drug take-back program as described in subsection (1) of this section, and does not qualify for exemption under subsection (2) of this section, the State Board of Pharmacy may assess a fine against the covered manufacturer in an amount not to exceed $10,000 for each day that covered drugs manufactured by the covered manufacturer are sold in this state. [2019 c.659 §2] Note: See note under 459A.200.
OR Rev Stat § 459A.206 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.206 - Organization of program operator.

A program operator of a drug take-back program must be organized as an entity that is exempt from income taxes under section 501(c)(3) of the Internal Revenue Code, as amended and in effect on September 29, 2019. [2019 c.659 §3] Note: See note under 459A.200.
OR Rev Stat § 459A.212 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.212 - Changes to program; preapproval; notification; rules.

(1) In a form and manner prescribed by the Department of Environmental Quality, except as provided in subsection (3) of this section, a program operator must request preapproval from the department for any change to a drug take-back program that substantively alters the drug take-back program. A program operator must make a request under this subsection not later than 30 days before the change is to occur. For purposes of this subsection, the following types of changes substantively alter a drug take-back program: (a) Changes involving methods used to collect covered drugs; (b) Changes involving methods used to dispose of covered drugs; (c) Changes to the policies and procedures for handling and disposing of covered drugs; (d) Changes to the policies and procedures for securing patient information that may be printed on the packaging of a covered drug; (e) Changes involving methods used to foster public awareness of the proposed drug take-back program; (f) Changes to drop-off sites that do not meet the requirements of ORS 459A.209 (2)(i); (g) Changes in the location of a drop-off site; and (h) Changes to the location or schedule of a collection event held pursuant to ORS 459A.221. (2) The department shall approve or reject a request submitted pursuant to subsection (1) of this section within 30 days of receiving the request. If the department does not approve or reject the request, and provide written notice to the program operator of the department’s decision within 30 days of the date on which the department received the request, the proposed change shall be considered approved. (3)(a) If a program operator intends to make a proposed change to a drug take-back program but, for good cause as determined by the department, is unable to make a request 30 days before the proposed change is to occur as required under subsection (1) of this section, the program operator shall notify the department of the proposed change as far in advance of the proposed change as practicable. Upon receipt of notice described in this subsection, the department shall consult with the program operator regarding the proposed change. Not later than seven business days after receiving the notice, the department may temporarily approve the proposed change. (b) The Environmental Quality Commission may adopt rules to carry out this subsection. (4) In a form and manner prescribed by the department, a program operator must notify the department: (a) Not later than 30 days after the change occurs of any change to the contact information for the program operator. (b) Not later than 60 days after the change occurs, of any change involving: (A) Which covered manufacturers are participating in the drug take-back program; (B) The contact information for a covered manufacturer participating in the drug take-back program; or (C) The ownership of a covered manufacturer participating in the drug take-back program. [2019 c.659 §5] Note: See note under 459A.200.
OR Rev Stat § 459A.215 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.215 - Authorized collectors; rules.

(1) Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must: (a) Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and (b) Enter into agreements with all willing authorized collectors for the purpose of collecting covered drugs under the drug take-back program. (2) An agreement entered into under this section must require an authorized collector to comply with all state laws and rules and federal laws and regulations governing the keeping of covered drugs, as identified by the State Board of Pharmacy by rule. (3) In approving plans and updated plans under ORS 459A.209, and in preapproving changes under ORS 459A.212, the department shall, insofar as is practicable, ensure that each resident of this state has adequate access to a drop-off site. [2019 c.659 §6] Note: See note under 459A.200.
OR Rev Stat § 459A.218 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.218 - Drop-off sites; rules.

(1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis. (2) For purposes of a drug take-back program: (a) A drop-off site must be available for use during the normal business hours of the authorized collector; (b) A drop-off site must use a secure repository in compliance with all state laws and rules and federal laws and regulations governing the keeping of covered drugs in repositories, as identified by the State Board of Pharmacy by rule; (c) The program operator must: (A) Ensure that each secure repository is serviced as often as necessary to avoid reaching capacity; (B) Ensure that collected covered drugs are transported to a location described in ORS 459A.224 in a timely manner; and (C) Provide a method for the authorized collector to notify the program operator of the need for additional collections at the drop-off site; (d) A sign must be affixed to the secure repository used at a drop-off site that prominently displays a toll-free telephone number and a website address that a covered entity may use to provide feedback to the program operator about the drug take-back program; (e) Except as provided in paragraph (f) of this subsection, a drop-off site must accept all covered drugs from covered entities; and (f) If a drop-off site is located at a long-term care facility, as defined in ORS 442.015, and allowed under applicable federal regulations, only individuals who reside, or have resided, at the long-term care facility may use the drop-off site. (3) A drug take-back program that is unable to establish and maintain a sufficient number of drop-off sites in order to meet the requirements of the plan submitted under ORS 459A.209 shall provide additional services, such as mail-back services, and hold collection events to ensure the convenient service described in the plan submitted under ORS 459A.209, subject to approval by the Department of Environmental Quality. [2019 c.659 §7] Note: See note under 459A.200.
OR Rev Stat § 459A.221 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.221 - Covered drug collection events.

If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted: (1) In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Department of Justice; and (2) In coordination with the local solid waste management officials who have jurisdiction over the impacted area. [2019 c.659 §8] Note: See note under 459A.200.
OR Rev Stat § 459A.224 (2021)
2021 Oregon Revised Statutes|Volume : 13 - Housing, Games, Environment|Chapter 459A - Reuse and Recycling|Section 459A.224 - Disposal of covered drugs.

Covered drugs must be disposed of: (1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019; or (2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste. [2019 c.659 §9] Note: See note under 459A.200.