reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0400 - Responsibilities of a Product Manufacturer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A
			 product manufacturer must be able to document that a rigid plastic container or
			 containers comply with either the requirements of OAR 340-090-0350  or with one
			 of the exemptions set out in OAR 340-090-0340;
(b) For any calendar year for which DEQ
			 determines that the aggregate recycling rate for compliance purposes is at
			 least 25 percent, a product manufacturer is not required to keep the records
			 otherwise required by this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0410 - Responsibilities of a Container Manufacturer

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A
			 container manufacturer must be able to document that a rigid plastic container
			 or containers comply with the requirements of OAR 340-090-0350(1)(a),
			 (1)(b)(A), or (1)(b)(B);
(b) For
			 any calendar year for which DEQ determines that the aggregate recycling rate
			 for compliance purposes is at least 25 percent, a container manufacturer is not
			 required to keep the records otherwise required by this
			 rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0420 - Confidential Information Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0430 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0510 - Mercury Thermostat Labeling

Current through Register Vol. 63, No. 7, July 1, 2024
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".
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0600 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0610 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0620 - Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(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 340-090-0750.
(f) OAR 340-090-0780.
(g) OAR 340-090-0790.
(h) OAR
			 340-090-0810(1)(a).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0640 - Convenience Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 495A.896(1) and
			 this rule:
(a) An existing recycling depot or
			 drop off center is any place located in Oregon that accepts any recyclable
			 material from the general public at the time the producer responsibility
			 organization submits its most recent Program Plan or plan amendment, and which
			 also meets at least one of the following five criteria:
(A) The recycling depot or drop off center is
			 used by a local government to satisfy the requirement in ORS
			 459A.005(1)(a)(A)
			 to provide a place for collecting source separated recyclable material,
			 including the materials on the uniform statewide collection list established
			 under ORS 459A.914 designated for
			 collection at a recycling depot, located either at a disposal site or at
			 another location more convenient to the population being served.
(B) The recycling depot or drop off center is
			 used by a local government to satisfy the optional opportunity to recycle
			 program element described in ORS
			 459A.007(1)(g).
(C) The recycling depot or drop off center is
			 operated by or at the direction of a Tribal government.
(D) The recycling depot or drop off center is
			 located at a site that operates under a valid solid waste permit issued by the
			 DEQ.
(E) The recycling depot or
			 drop off center is operated by or at the direction of a local government or a
			 local government's service provider, as defined in ORS
			 459A.863(12).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0660 - Collection Targets

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Collection Targets Generally. A collection target or collection rate is a
			 percentage of total amount of a material generated and is calculated using
			 weight.
(a) For each material on the producer
			 responsibility organization recycling acceptance list pursuant to OAR
			 340-090-0630(3), for which collection targets are established, a producer
			 responsibility organization must report, in the annual report required under
			 ORS 459A.887, the weight of
			 collected materials, an estimate of the weight of materials generated, and the
			 ratio of the two, where the weight of collected materials is the numerator and
			 the estimate of weight of materials generated is the denominator. For materials
			 without collection targets only the weight of collected materials must be
			 reported.
(b) A collection rate
			 will be calculated by dividing the weight of materials collected (numerator) by
			 the weight of the materials generated (denominator).
(c) A producer responsibility organization
			 must document all data sources, references, assumptions and calculations used
			 in calculating collection rates. When estimating the weight of materials
			 generated, a producer responsibility organization must consider data provided
			 by DEQ, its own collection records, and other weight-based data, in addition to
			 sales data reported to it by its members.
(d) The calculation of the numerator in the
			 collection rate may only include the weight of materials targeted for
			 collection and recycling, and may not include the weight of
			 contamination.
(e) Unless otherwise
			 specified in this rule, the numerator in a producer responsibility
			 organization's collection rate calculation may only include the weight of
			 materials collected by the producer responsibility organization (including any
			 party operating under contract to or at the direction of the producer
			 responsibility organization).
(f)
			 As part of its annual report, a producer responsibility organization must
			 demonstrate that it has met the collection target for each material, and if
			 not, the reasons for not meeting the collection target and the specific actions
			 the producer responsibility organization proposes to implement to achieve the
			 collection target.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0670 - Responsible End Markets

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Definition of end market. For purposes of ORS
			 459A.869(7) and
			 ORS 459A.896(2)(a),
			 end markets are defined by material as follows:
(a) For glass the end market is the entity
			 that first uses the glass in lieu of a virgin material downstream of the
			 beneficiation plant, if any, where bottles are crushed, for example a bottle
			 manufacturer, fiberglass manufacturer or pozzolan (used to make cement and
			 concrete) producer.
(b) For metal
			 the end market is the entity that smelts the recycled material and produces
			 ingots, sheet, coil, or other materials that are subsequently refabricated into
			 packaging or product.
(c) For paper
			 the end market is the entity that re-pulps the recycled material either into a
			 pulp product that is sold to paper manufacturers or used to produce paper or
			 paperboard products. If paper is recycled in a manner that does not involve
			 repulping (for example, used to produce a wallboard product), the end market is
			 the entity that uses the waste paper to produce a product that is sold without
			 further transformation or manufacturing.
(d) For plastic, except for plastic that is
			 recycled to produce packaging for food or beverage applications or for
			 production of children's products, the end market is the entity that last
			 processes flake, pellet, or other resin material containing recycled plastic
			 prior to sale or transfer to another person that creates a new product either
			 by placing it into a mold or through extrusion or thermoforming. This
			 definition applies to both mechanical and non-mechanical recycling
			 pathways.
(e) For plastic that is
			 recycled to produce packaging for food and beverage applications or for
			 production of children's products, the end market is the entity that places it
			 into a mold for the manufacturer of such packaging or product. This definition
			 applies to both mechanical and non-mechanical recycling pathways.
(f) For any recycling pathway without an end
			 market provided by (a) through (e), the department may designate an end market
			 on a case by case basis.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0690 - Producer Responsibility Organization Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Plan Review Fee. Each applicant
			 producer responsibility organization that submits a plan under ORS
			 459A.875 will pay a fee of
			 $150,000 for DEQ's review of the plan. An applicant producer responsibility
			 organization will pay the fee when it submits the plan to DEQ. A plan will not
			 be considered submitted to DEQ until the fee is paid.
(2) Annual Administration Fee. DEQ will
			 assess an annual administration fee each calendar year in the amount of
			 $4,000,000 for the first four years of the program (2025-2028) and $3,000,000
			 for all subsequent years of the program.
(a)
			 DEQ will invoice and a producer responsibility organization must pay the annual
			 administration fee as follows:
(A) In the
			 first program year (covering 2025) DEQ will send an applicant producer
			 responsibility organization a provisional invoice on or before September 1,
			 2024. DEQ will send a producer responsibility organization a final invoice upon
			 completion of the producer responsibility program plan approval process under
			 ORS 459A.878. A producer
			 responsibility organization will pay the first program year's fee within
			 30-days of DEQ sending it a final invoice.
(B) In each year after the first program year
			 DEQ will invoice a producer responsibility organization on or before September
			 1 of the preceding program year for payment within 30-days of
			 invoicing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0700 - Market Share

Current through Register Vol. 63, No. 7, July 1, 2024
Market share as used in ORS
				459A.860 to 968 and related
				rules is a producer's percentage of all covered products sold in or into this
				state, as calculated in accordance with this rule.
(1) Methods for Calculating Market Share.
			 Market share will be calculated as follows:
(a) Market share will be denominated by the
			 percentage of weight (mass) of covered product measured in kilograms.
(b) A producer's market share will be
			 calculated by dividing the weight of all covered products reported as sold or
			 distributed by the producer in or into Oregon in a particular program year by
			 the total weight of all covered products reported as sold or distributed by all
			 producers in or into Oregon in that year. The sum of market shares across all
			 producers must equal 1.0000.
(c) A
			 producer responsibility organization's market share will be calculated by
			 dividing the summed weight of all covered products reported as sold or
			 distributed by all of the producer responsibility organization's member
			 producers in or into Oregon in a particular program year by the total weight of
			 all covered products reported as sold or distributed by all producers in or
			 into Oregon in that year. The sum of market shares across all producer
			 responsibility organizations must equal 1.0000.
(d) A producer must on an annual basis submit
			 market data establishing the weight of covered products sold or distributed in
			 or into Oregon to the producer responsibility organization to which it belongs.
			 Producers must submit a description of their methodology for calculating
			 covered product weight to the producer responsibility organization along with
			 the data. Methodology used must be in accordance with applicable best
			 practices. If estimated market data is submitted by a producer and better
			 market data becomes available that demonstrates the estimates were not
			 accurate, the producer must report corrections to the estimated data to the
			 producer responsibility organization before the next annual reporting
			 deadline.
(e) When submitting
			 market data to DEQ in an annual report, a producer responsibility organization
			 will submit the methodological justifications along with the corresponding
			 data.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0710 - Proprietary Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0720 - Program Calendar

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0730 - Producer responsibility organizations with less than 10 percent market share

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0740 - Reporting for plastic goal

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0750 - Program plan amendments and producer responsibility organization fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0760 - Producer responsibility organization membership fees

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0770 - Local Government Transportation Costs Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A producer responsibility organization
			 must pay the costs of transporting covered products from a recycling depot or
			 recycling reload facility to a commingled recycling processing facility or a
			 responsible end market as provided by ORS
			 459A.890(2) and
			 this rule.
(2) Transportation costs
			 must be based on the actual costs of managing and transporting covered products
			 that must be shipped more than 50 miles.
(3) The 50-mile distance in section 2 of this
			 rule and ORS 459A.890(2)(b)(E)
			 is the shortest driving distance to the nearest commingled recycling processing
			 facility or a responsible end market with capacity to accept the material and
			 applies to covered products as stated in subsections (a) through (d) of this
			 section.
(a) If the material is fully
			 commingled, the distance measured is to the nearest commingled recycling
			 processing facility with capacity to accept the material.
(b) If the material is collected separately
			 (for example glass) or is not fully commingled and requires further sorting or
			 processing before being received by a responsible end market, then the distance
			 is measured to the nearest processing or sorting facility that will prepare the
			 material and send it to a responsible end market.
(c) If the material is collected separately
			 and in a condition that would allow it to be received directly by a responsible
			 end market without additional processing, then the distance is measured to the
			 nearest responsible end market.
(d)
			 If a separated material or a group of materials is initially taken to a
			 commingled recycling processing facility or other processing facility and the
			 material requires additional processing or sorting before it can be accepted by
			 a responsible end market, then the distance is measured to the nearest initial
			 commingled recycling processing facility or other processing facility. The
			 producer responsibility organization is not responsible under this rule for
			 paying the transportation costs associated with the transport of material from
			 the initial commingled recycling processing facility or other processing
			 facility to additional processing facilities or a responsible end
			 market.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0780 - Method for Determining Payment of Transportation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0790 - Expansion of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 program plan must describe how the producer responsibility organization will
			 implement the requirements of ORS
			 459A.890(5),
			 this section and OAR 340-090-0800. The producer responsibility plan must
			 include:
(a) A schedule for implementing
			 collection program expansions and improvements throughout the state;
(b) For the initial program plan period only
			 (July 2025 through December 2027), a plan for how the producer responsibility
			 organization will implement expansion of collection services according to the
			 following order of priority:
(A) Highest
			 priority shall be given to local governments that are not, or will not be, able
			 to provide the opportunity to recycle as stated in ORS
			 459A.005 and ORS
			 459A.007, in the absence of
			 producer responsibility organization funding.
(B) Existing recycling depots to provide for
			 the collection of any materials that were formerly collected on-route by the
			 local government or a local government's service provider, as needed to ensure
			 continuation of recycling opportunities.
(C) Existing recycling depots to provide for
			 the collection of any materials that are not currently or were not formerly
			 collected on-route by the local government or the local government's service
			 provider.
(D) Local governments
			 with populations less than 4,000, according to the Portland State University
			 Population Research Center's most recent Population Estimate Report, or such
			 other estimate approved by the department, regardless of whether they are
			 looking to add new service or expand existing services.
(E) Local governments of any size that are
			 looking to add new on-route or recycling depot service.
(F) All other local governments that are
			 looking to expand existing on-route collection, recycling depots or both, in
			 order of ascending population.
(c) For program plan periods after the
			 initial period described in subsection (b) of this section, DEQ may provide
			 guidance to a producer responsibility organization, or coordinating body, for
			 the inclusion of any priority for implementing the expansion of collection
			 service in a renewed program plan.
(d) A method for determining advanced funding
			 or reimbursement amounts under ORS
			 459A.890(5),
			 consistent with OAR 340-090-0810.
(e) An estimate of the total amount of funds
			 that will be made available to each local government included in DEQ's needs
			 assessment under ORS 459A.890(5) per
			 year; and
(f) Sample forms with
			 details to be included in reimbursement or advanced funding requests from local
			 governments or a local government's service provider authorized by a local
			 government to provide services under ORS
			 459A.890.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0800 - Expansion of Service Funding and Needs Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Costs associated with the expansion and
			 provision of recycling collection service for covered products, as provided by
			 ORS 459A.890(5) are
			 eligible costs for funding or reimbursement by a producer responsibility
			 organization.
(a) A producer responsibility
			 organization must provide funding for activities requested by local governments
			 through the periodic needs assessment including, but not limited to:
(A) Adding new services,
(B) Expanding services, or
(C) Adding or expanding recycling depots as
			 needed to provide convenient recycling opportunities.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0810 - Local Government Compensation and Invoicing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A local government, a local government's
			 service provider, or other person authorized by a local government to receive
			 payment, may request advanced funding or reimbursement of costs pursuant to ORS
			 459A.890.
(a) A producer responsibility organization
			 must include in its program plan the following:
(A) A method for determining advanced funding
			 or reimbursement amounts under ORS
			 459A.890(5).
(B) A description of the process a local
			 government, a local government service provider or other persons authorized by
			 a local government to receive payment must follow to invoice the producer
			 responsibility organization for reimbursement of costs or advanced funding. The
			 information provided may include sample forms for reimbursement or advanced
			 funding requests.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0010 - Purpose for Waste Reduction Programs and Recycling Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission's purpose in adopting rules OAR
			 340-091-0010  through 340-091-0090 for waste reduction programs pursuant toORS 459.055 and
			 468.220 and for certifying that a sufficient opportunity to recycle is provided
			 pursuant toORS 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0020 - Applicability for Waste Reduction Programs and Recycling Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(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 underORS 459.047 through 459.055 and ORS 459.205 through
			 459.273for 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
			 toORS 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).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0030 - Standards for Recycling Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0035 - Notification of Intent to Receive Out-of-State Waste and Compliance "Demonstration"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 disposal site operator shall notify the Department before accepting a single
			 shipment or the first of multiple shipments of solid waste from a source
			 outside Oregon anticipated to exceed the following amounts of solid waste:
(a) Solid waste (other than separate
			 industrial waste) generated within any single local government unit if the site
			 operator anticipates receiving more than 10,000 tons per year of such wastes.
			 For purposes of this rule, petroleum-contaminated soils are considered
			 "industrial waste";
(b) Separate
			 industrial waste from a person other than a local government if the site
			 operator anticipates receiving more than 75,000 tons per year of such
			 waste.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0040 - Decertification, Recertification, and Variances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certified persons shall be decertified if
			 the Department finds, through its review of the recycling reports (periodic
			 opportunity to recycle report and annual recovery rate report) submitted under
			 OAR
			 340-090-0100  or
			 340-091-0050,
			 or through other information that becomes known to the Department, that the
			 opportunity to recycle is no longer being provided. Certified local governments
			 shall also be decertified if any report required under OAR
			 340-090-0100  or
			 340-091-0050  is not submitted. The procedure used for the decertification is as follows:
(a) The Department shall notify the disposal
			 site that receives the waste and the affected persons who participated in
			 preparing the most recent recycling report of the proposed decertification,
			 based on written findings;
(b) An
			 affected person may:
(A) Request a meeting
			 with the Department to review the Department's findings, which meeting may
			 include all or some of the persons who prepared the report; or
(B) Correct the deficiencies that the
			 Department found regarding the opportunity to recycle.
(c) For persons that have previously been
			 certified under OAR
			 340-091-0030,
			 the Department shall grant a reasonable extension of time of at least 60 days
			 to permit the affected persons to correct any deficiencies in providing the
			 opportunity to recycle. The disposal site permittee may submit, or cause to be
			 submitted, information to the Department during this period to demonstrate that
			 any deficiencies have been corrected and the opportunity to recycle is being
			 provided;
(d) If the Department
			 finds, after a reasonable extension of time, that the opportunity to recycle is
			 still not implemented by or for the person, the Director of the Department
			 shall notify the Commission, and shall send a notice to the disposal site that
			 receives wastes from the person and to the affected persons who participated in
			 the preparation of the most recent recycling report. This notice shall indicate
			 how comments on the Department's findings can be directed to the
			 Commission;
(e) If requested by the
			 disposal site permittee or by another affected person within 30 days after
			 notification under subsection (d) of this section, the Commission shall hold a
			 public hearing;
(f) If, after
			 review of the public record, and based on the Department's findings on review
			 of the recycling report and other information made known to the Department, the
			 Commission determines that all or part of the opportunity to recycle is not
			 being provided, the Commission shall act to decertify the person and shall set
			 an effective date for the decertification, subject to the requirements and
			 right of appeal set forth inORS 183.310 to 183.550.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0050 - Initial Reports Required for Recycling Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The disposal site permittee shall report,
			 on forms provided by the Department, the quantity of material received from
			 each certified person, located outside of the immediate service area of the
			 disposal site.
(2) Initial Local
			 Government Reports: Before a disposal site can accept waste from a local
			 government unit not previously certified under OAR
			 340-091-0030,
			 an initial recycling report consisting of the following information for the
			 local government unit must be submitted for the Department's approval on forms
			 provided by the Department:
(a) The materials
			 which are recyclable material at each disposal site and within each city of
			 4,000 or more population or unincorporated urbanized area;
(b) A listing of recycling program elements,
			 as described in OAR
			 340-090-0040,
			 that demonstrates that the local government unit is providing the opportunity
			 to recycle;
(c) Proposed and
			 approved alternative methods for providing the opportunity to recycle which are
			 to be used within the local government unit;
(d) Proposed or existing methods for
			 providing a recycling public education and promotion program, including copies
			 of materials that are to be or are being used as part of the program;
(e) For disposal sites and for cities of more
			 than 4,000 people and for unincorporated urbanized areas located within the
			 local government unit, copies of any ordinance, franchise, permit, or other
			 document that insures that the opportunity to recycle will be provided, if
			 requested by the Department;
(f)
			 The geographic boundaries of the urbanized area or proposed boundaries of the
			 urbanized area;
(g) Other
			 information or attachments necessary to describe the proposed program for
			 providing the opportunity to recycle.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0060 - Equivalents for Out of State Persons - Recycling Certification

Current through Register Vol. 63, No. 7, July 1, 2024
This rule specifies how a site operator shall demonstrate to
				the Department that the opportunity to recycle is being implemented for waste
				originating outside Oregon.
(1) For a
			 Local Government Unit: a site operator shall provide the information required
			 in subsection (a) of this section and in either subsection (b) or (d) of this
			 section. The site operator shall provide this information to the Department no
			 later than two years after notification to the Department of initial receipt of
			 waste from the person:
(a) The geographic
			 boundaries of the urbanized area or proposed boundaries of the urbanized area:
(A) Unless the site operator proposes
			 otherwise in an initial recycling report and the Department approves, the
			 urbanized area of the local government unit shall be considered to include all
			 of the area within the incorporated limits of cities or towns of 4,000 or more
			 population within the local government unit, plus all area that is designated
			 as an urbanized area by the Federal Highway Administration if that Federal
			 Highway Administration urbanized area contains an incorporated city, town, or
			 other municipality having 4,000 or more population;
(B) The site operator may propose a different
			 boundary for the urbanized area of the local government unit. The Department
			 shall accept the proposed urbanized area boundary if the Depart-ment finds that
			 this boundary includes all parts of the local government unit that have
			 substantially the same character, with respect to minimum population density
			 and commercial and industrial density, as urbanized areas within the State of
			 Oregon.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 91 - WASTE REDUCTION PROGRAM AND RECYCLING CERTIFICATION › Section 340-091-0070 - Standards for Waste Reduction Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The information in section (2) of this
			 rule must be submitted before the Department will approve a waste reduction
			 program from any person, whether the waste is generated within or outside
			 Oregon. In addition, the information required by sections (3), (4), (5) or (6),
			 as applicable, must be submitted.
(2) Information required from all persons:
(a) The geographic boundaries of the
			 urbanized area or proposed boundaries of the urbanized areas. For waste
			 originating outside the State of Oregon, the geographic boundaries shall be
			 defined as specified in OAR
			 340-091-0060(1)(a);
(b) Information on the volume and composition
			 of waste generated in the area, and the volume and composition of waste
			 proposed to be disposed of at an Oregon disposal site;
(c) A list and description of the programs,
			 techniques, requirements, and activities that comprise the waste reduction
			 program;
(d) A timetable indicating
			 the starting date and duration for each activity or portion of the waste
			 reduction program;
(e) Information
			 that demonstrates the commitment by the person to use techniques such as waste
			 prevention, reuse, recycling and resource recovery to reduce the volume of
			 waste that would otherwise be disposed of in a landfill;
(f) A copy of any contract or agreement to
			 dispose of waste in an Oregon landfill;
(g) A list and description of information
			 that is sufficient to demonstrate continued implementation of the waste
			 reduction program; and
(h) Any
			 other documents or information that may be necessary to fully describe the
			 waste reduction program and to demonstrate the legal, technical, and economic
			 feasibility of the program.