reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0045 - Construction Bid Documents Required

Current through Register Vol. 63, No. 7, July 1, 2024
Following receipt of construction bids, the agency shall submit
				three copies each of the following documents to the Department for review and
				approval of contract award: tabulation of all bids received; engineer's
				analysis of bids; engineer's recommendations; low bidder's proposal;
				publisher's affidavits of advertising; and a current project cost estimate
				summary including an estimate of funds available for the
				project.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0050 - Advancement of Loan or Obligation Purchase Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of three copies of the
			 executed construction contract and the loan or obligation purchase agreement,
			 the Department will approve the final loan amount and authorize the Treasury
			 Department to advance the full amount of the loan or obligation purchase price
			 to the agency.
(2) If the funds are
			 advanced under the terms of a previously executed obligation purchase
			 agreement, the agreement will specify a period of time, not to exceed six
			 months, following the advancement of funds by the state during which the agency
			 agrees to offer its obligations for public sale. The terms and conditions of
			 the Department's bid offer for the agency's obligations will be made available
			 to other prospective bidders when the notice of sale of the agency's
			 obligations is published. If the state is the successful bidder for the
			 agency's obligations, the state will receive the obligation and the obligations
			 will be retired under the terms of the obligation purchase agreement. If a
			 private purchaser is the successful bidder, the state will receive
			 reimbursement of the loan or obligation purchase funds previously advanced plus
			 interest at the interest rate on the state bonds from which the project would
			 have been funded if the state had been the successful bidder.
(3) Any excess loan or obligation purchase
			 funds held by the agency following completion of the project must be used for
			 the payment of loan or obligation principal and interest.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 82 - STATE FINANCIAL ASSISTANCE TO PUBLIC AGENCIES FOR POLLUTION CONTROL FACILITIES FOR THE DISPOSAL OF SOLID WASTE › Section 340-082-0055 - Advancement of State Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Depending on priority ranking as determined by the Department
				and the current availability of EPA or other federal grant funds, a project may
				receive a state grant in an amount not to exceed 30 percent of the total
				eligible project cost under the terms of a separate grant agreement. Grant
				payments will be advanced during construction, if requested by the agency, in
				increments of approximately 25 percent of the total eligible grant project
				costs as the work is completed. Each payment will be based on the consulting
				engineer's latest cost estimate of the completed work in place, plus materials
				purchased and delivered at the time the payment request is submitted to the
				Department, and expenditures for engineering, legal, and fiscal services that
				have been documented by the agency to date.
Stat. Auth.:ORS 468
Stats. Implemented:ORS 468.195 -ORS
				  468.272
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement:
(1) ORS
			 459A.120(2) as
			 amended by Section 7, Chapter 662, Oregon Laws 2015, to provide grants for
			 activities to reduce the environmental and human health impacts of materials at
			 all stages of their life cycles; and
(2) ORS
			 459A.110 as amended by Section
			 6a, Chapter 662, Oregon Laws 2015 to provide partial rebates of solid waste
			 tipping fees to distressed counties.
Stat. Auth.: ORS
				  45A.025 &
				  468.020
Stats. Implemented: ORS
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions in ORS
				459.005 and this rule apply to
				this division. If the same term is defined in this rule and ORS
				459.005, the definition in this
				rule applies to this division.
(1)
			 "Applicant" - The person applying for a grant.
(2) "DEQ" - The Department of Environmental
			 Quality.
(3) "Director" - the
			 Director of DEQ.
(4) "Grant round"
			 - The period of time that starts when DEQ begins accepting new applications for
			 funding and ends when DEQ disburses grant awards from available funds.
(5) "Permit" - A document DEQ
			 issues, bearing the signature of the Director or the Director's authorized
			 representative, which by its conditions may authorize the permittee to
			 construct, install, modify, operate or close a disposal site in accordance with
			 specified limitations.
(6)
			 "Person" - the United States, the state or a public or private corporation,
			 local government unit, public agency, individual, partnership, association,
			 firm, trust, estate or any other legal entity.
(7) "Rolling stock" - Motorized vehicles on
			 tires or wheels that have generalized usage such as garbage collection trucks,
			 roll-off trucks, forklifts, trailers, tractors.
Stat. Auth.: ORS
				  45A.025 &
				  468.020
Stats. Implemented: ORS
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0030 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
Any person may apply for a materials management
				grant.
Stat. Auth.: ORS
				  45A.025 &
				  468.020
Stats. Implemented: ORS
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0040 - Eligible Projects

Current through Register Vol. 63, No. 7, July 1, 2024
DEQ may award grants for any of the following activities:
(1) 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 reuse and 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; or
(g) Managing household hazardous wastes and
			 materials.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0050 - Ineligible Activities and Costs

Current through Register Vol. 63, No. 7, July 1, 2024
Grant funds may not be used for:
(1) Disposal site engineering, design or
			 hydrogeologic study required by DEQ permit or enforcement action.
(2) Costs for which payment has been or will
			 be received under another financial assistance program.
(3) Capital asset expenditures for solid
			 waste or materials management planning, including the purchase or upgrade of
			 computers, other office equipment, or other asset that has an initial estimated
			 useful life beyond a single year.
(4) Costs incurred before DEQ issues a grant
			 agreement.
(5) Costs incurred
			 after the expiration date of the grant agreement.
(6) License applications or permit fees.
(7) Ordinary operating expenses of
			 the grant applicant that are not directly related to the project.
(8) Costs incurred for permitted facility
			 closures.
Stat. Auth.: ORS
				  45A.025 &
				  468.020
Stats. Implemented: ORS
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0070 - Procedures for Awarding Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 DEQ shall determine the amount of funds available for grants, if any, at least
			 once per biennium.
(2) DEQ shall
			 establish and publish notice of deadlines to submit grant applications,
			 including the criteria for their evaluation. The announcement may limit the
			 request for applications to specific projects or project areas.
(3) DEQ will develop criteria to use in
			 evaluating and awarding grants that may include but are not limited to the
			 following:
(a) Minimum qualifying score;
(b) Ability of applicant to
			 perform;
(c) Potential to reduce
			 the adverse environmental and human health impacts of materials;
(d) Potential to reduce solid waste
			 generation and exceed the requirements of ORS Chapter 459A;
(e) Potential for ongoing benefits;
(f) Level of commitment to the
			 project; and
(g) Cost of
			 project.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0080 - Application Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant must provide a complete application for each grant
				applied for. Application must be made on a form DEQ provides. Each application
				must include:
(1) Applicant's contact
			 information;
(2) Description of
			 the project and the expected outcomes;
(3) Workplan and schedule for project
			 completion;
(4) Complete budget,
			 including breakdown of costs;
(5)
			 Signature of applicant's responsible official;
(6) Any other information DEQ
			 requires.
Stat. Auth.: ORS
				  45A.025 &
				  468.020
Stats. Implemented: ORS
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0090 - Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ
			 shall review and approve or deny each grant application that meets the
			 following criteria:
(a) Application must be
			 complete and submitted by the application deadline; and
(b) Project must be eligible under these
			 rules.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0100 - Grant Agreements and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following approval and selection of the
			 application, DEQ and the applicant shall enter into an agreement. The agreement
			 must include but is not limited to the following:
(a) Statement of work and schedule;
(b) Requirements of progress
			 reports;
(c) Project management
			 requirements as DEQ specifies;
(d)
			 Statement of authorized activities for rolling stock, purchased in whole or in
			 part with grant funding, during its expected service life;
(e) End date - term of project and grant;
(f) Method of payment;
(g) Terms and conditions of the grant;
(h) Requirements for sharing of
			 information resulting from project; and
(i) Requirements of a project completion
			 report.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0500 - Rebates to Distressed Counties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 By September 30 of each year beginning in 2016, DEQ shall provide a partial
			 rebate of the fees authorized under ORS
			 459A.110 to the nine most
			 economically-distressed counties in Oregon.
(2) DEQ shall annually identify the counties
			 that will receive the rebate provided for under section (1) and, no later than
			 January 31 of each year, provide notice to:
(a) Each of the economically distressed
			 counties DEQ identifies that will receive a rebate under section (1), and,
(b) Each of the counties that
			 received a rebate during the previous calendar year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0510 - Distressed County Index

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Distressed County Index is calculated by multiplying together the following
			 four composite factors using the latest data available on the date of
			 calculation:
(a) The state's unemployment
			 rate divided by the county's unemployment rate (U.S. Department of Labor Bureau
			 of Labor Statistics);
(b) The
			 county's per capita personal income divided by the state's per capita personal
			 income (U.S Department of Commerce Bureau of Economic Analysis);
(c) The percent change in the county's
			 average covered payroll per worker over a two year period (U.S. Department of
			 Labor Bureau of Labor Statistics); and
(d) The percent change in the county's
			 employment over a two year period (U.S. Department of Labor Bureau of Labor
			 Statistics).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0520 - Tonnage Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in this rule and OAR 340-083-0530, "solid waste disposed" means the total
			 weight of solid waste received for final disposal or destruction other than the
			 following:
(a) Sewage sludge or septic tank
			 and cesspool pumpings;
(b) Waste
			 disposed of at an industrial waste disposal site;
(c) Industrial waste, ash, rock, dirt,
			 plaster, asphalt and similar material if delivered to a municipal solid waste
			 disposal site or demolition disposal site;
(d) Waste received at an ash monofill from an
			 energy recovery facility;
(e)
			 Solid waste not generated within this state; and
(f) Solid waste not subject to the fee
			 established in ORS 459A.110(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 83 - SOLID WASTE PLANNING AND RECYCLING GRANT RULES › Section 340-083-0530 - Payments to Economically-Distressed Counties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the nine most economically-distressed
			 counties identified in OAR 340-083-0510, the rebate paid to the county as
			 specified in OAR 340-083-0500 (1)  is $0.28
			 multiplied by the "adjusted tonnage disposed" for that county calculated under
			 OAR 340-083-0520.
(2) If a city
			 within one of the nine most economically-distressed counties owns or operates a
			 land disposal site, energy-recovery facility or incinerator, DEQ shall
			 distribute to the city instead of the county the portion of the rebate based on
			 tons of solid waste disposed that was generated in the county and disposed of
			 at the land disposal site or energy recovery facility or incinerator owned by
			 the city.
(3) Moneys a city or
			 county receives through the rebate program may be used only for:
(a) Purposes authorized in ORS
			 459A.120;
(b) Operating solid waste disposal
			 facilities; or
(c) Reducing
			 disposal fees.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 340-090-0005  to 0510 establish the minimum requirements for
				providing the opportunity to recycle. These rules also describe the standards
				for waste prevention, reuse, recovery, and recycling programs in Oregon. The
				rules are adopted under the authority of ORS
				459.045,
				459A.025 and
				468.020. These rules relate to
				the requirements of ORS
				459.015,
				459.250,
				468.862 and Chapter
				459A.
Statutory/Other Authority: ORS
				  459A.025,
				  459.045 & 468.020
Statutes/Other Implemented: ORS
				  459A.005,
				  459A.010,
				  459A.025 &
				  459A.575
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0015 - Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-090-0005  to 0510 describes the requirements for waste reduction and
			 recycling programs for residential and commercial solid wastes.
(2) The requirements in OAR 340-090-0005  to
			 0510 apply to local governments generally and where specified to landfill
			 owners/operators, solid waste collection services, and other persons.
(3) OAR chapter 340, division 90 is adopted
			 under the authorities in ORS Chapter 459 and 459A and should be used in
			 conjunction with the laws of the State of Oregon.
Statutory/Other Authority: ORS
				  459A.025,
				  459.045 & 468.020
Statutes/Other Implemented: ORS
				  459A.005,
				  459A.010,
				  459A.020,
				  459A.025,
				  459A.030,
				  459A.035,
				  459A.040,
				  459A.050,
				  459A.055,
				  459A.060,
				  459A.065,
				  459A.070,
				  459A.075,
				  459A.080,
				  459A.085,
				  459A.100,
				  459A.110,
				  459A.115 &
				  459A.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0020 - Opportunity to Recycle

Current through Register Vol. 63, No. 7, July 1, 2024
The opportunity to recycle as set forth in ORS
				459A.005,
				459A.007,
				459A.008 and
				459A.010, includes at a minimum
				the requirements described in OAR 340-090-0030, 340-090-0040, 340-090-0042, and
				340-090-0050. The appropriate city, county, or metropolitan service district,
				may request approval of an alternative program for meeting the requirements of
				the opportunity to recycle under OAR 340-090-0080.
Statutory/Other Authority: ORS
				  459A.025,
				  459.045 & 468.020
Statutes/Other Implemented: ORS
				  459A.005
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0030 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 city, county, or metropolitan service district responsible for solid waste
			 management must ensure that a place for collecting source separated recyclable
			 materials identified in OAR 340-090-0630(4)(a)  is located at each permitted
			 disposal site or located at an alternative location in the jurisdiction that is
			 more convenient to the population being served by the disposal site.
(2) Effective July 1, 2025 to January 1,
			 2027, a city, county or metropolitan service district, a local government's
			 service provider or a commingled recycling reload facility may not deliver to a
			 commingled recycling processing facility commingled recyclables that were
			 collected pursuant to the uniform statewide collection list established under
			 ORS 459A.914 unless:
(a) At the time the city, county or
			 metropolitan service district, the local government's service provider or the
			 comingled recycling reload facility delivered or contracted to deliver or
			 transport materials to the commingled recycling facility:
(A) the commingled recycling facility held a
			 valid permit issued under ORS
			 459A.955; or
(B) For a commingled recycling facility
			 located outside of this state:
(i) The
			 facility held a valid certificate issued under ORS
			 459A.956; or
(ii) The facility certified that it otherwise
			 met the requirements of ORS
			 459A.955 or
			 459A.956, even though the
			 facility did not hold a permit or certificate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0040 - Local Government Recycling Program Elements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the minimum requirements
			 in OAR 340-090-0030  and 340-090-0042, each city with a population of 4,000 or
			 more and any county responsible for the area between the city limits and the
			 urban growth boundary of that city, or the area outside the city limits but
			 within a metropolitan service district, must implement recycling program
			 elements from section (3) of this rule based on the following requirements:
(a) For cities within a metropolitan service
			 district:
(A) The three recycling program
			 elements set forth under subsections (3)(a), (b) and (c) of this rule and at
			 least four additional elements set forth under section (3) of this
			 rule;
(B) At least eight recycling
			 program elements set forth under section (3) of this rule; or
(C) An alternative program approved by DEQ
			 that meets the requirements of OAR 340-090-0080.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0041

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  459.045, ORS
				  459A.025, & 468.020
Stats. Implemented: ORS
				  459A.005, 459A.007,
				  459A.008,
				  459A.010 &
				  459A.050
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0060 - Determination of Wasteshed and Overall Statewide Recovery Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may
			 calculate recovery rates for the wastesheds listed in OAR 340-090-0050  by
			 dividing the total weight of material recovered by the sum of the total weight
			 of the material recovered plus the total weight of municipal solid waste
			 disposed that was generated in each respective wasteshed.
(2) Recovery rates must include the
			 following:
(a) All materials collected for
			 recycling, both source separated or sorted from solid waste, including yard
			 debris;
(b) Beverage containers
			 collected under the requirements of ORS
			 459A.700 - 459A.740;
(c) Notwithstanding the foregoing, no
			 material shall be counted toward the recovery rate if it is disposed
			 of.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0068 - Determination of Material-Specific Recovery Rates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ must determine the recovery rate for
			 each material specified in ORS
			 459A.010(1)(c)
			 based on the amount of that material that is recovered from within Oregon each
			 year, divided by the amount of that material that is generated within Oregon
			 each year.
(a) The amount of material
			 recovered from within Oregon must be determined based on surveying and
			 reporting requirements specified in OAR 340-090-0100.
(b) The amount of material that is generated
			 within Oregon each year means the combined amounts of material recovered and
			 material disposed of, for material disposed or recovered from Oregon
			 sources.
(c) Unless otherwise
			 specified, determining the amount of material disposed of must be based on
			 results from periodic waste composition studies specified in ORS
			 459A.035, when combined with
			 data on the total amount of solid waste disposed as specified in ORS
			 459A.010(3)(d).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  459A.025,
				  459.045 & 468.020
Stats. Implemented: ORS
				  459A.010 &
				  459A.025
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0080 - Alternative Methods for Providing the Opportunity to Recycle

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the necessary procedures and requirements
				that a city, county, metropolitan service district, or disposal site permittee
				on behalf of an out-of-state person must follow in order to request approval of
				an alternative program for meeting the requirements of OAR 340-090-0030(1),
				(7)(a) and (8), 340-090-0040, and 340-090-0042.
(1) The city, county or metropolitan service
			 district responsible for solid waste management may apply for and request
			 approval by DEQ of an alternative program for providing the opportunity to
			 recycle. Each request must be made in writing to DEQ on a form DEQ provides.
			 The request for an alternative program must be complete, signed by the
			 appropriate authority for the city, county, metropolitan service district or
			 disposal site permittee for an out-of-state request and address all of the
			 requirements in section (3) of this rule and sections (5) and (6) of this rule
			 if applicable.
(2) DEQ will review
			 applications as they are received. DEQ will approve, approve with conditions,
			 or reject each proposed alternative program based on consideration of the
			 criteria described in section (3) of this rule.
(3) Each application for approval of an
			 alternative program for providing the opportunity to recycle must include
			 detailed written information and data on the following:
(a) A description of the alternative program
			 being proposed and how it is different from the standard method that would be
			 required to be implemented under the opportunity to recycle
			 requirements;
(b) The conditions
			 and factors that make the alternative program necessary;
(c) How the alternative program is convenient
			 to the commercial and residential generators of solid waste using or receiving
			 the service;
(d) How the
			 alternative program is as effective in recovering recyclable materials from
			 solid waste as the requirements in OAR 340-090-0020, 340-090-0030(1), (7)(a)
			 and (8), 340-090-0040, and 340-090-0050  for providing the opportunity to
			 recycle.
(e) How the alternative
			 program would achieve at least the lesser of:
(A) The local government unit's wasteshed
			 recovery rate goal specified in OAR 340-090-0050; or
(B) Recovery levels comparable to similar
			 communities. For the purposes of this rule, "similar community" means another
			 local government unit that is similar, for the purpose of DEQ's evaluation of
			 the local government's alternative program, based on:
(i) Population or population
			 density;
(ii) Relevant
			 demographics;
(iii) Distance to a
			 market for material collected for recycling;
(iv) Costs of collection and disposal;
			 and
(v) Other criteria DEQ
			 approves.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0090 - Collection of Recyclable Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DEQ may not require any city, county, or
			 metropolitan service district, or agent thereof, to collect or receive source
			 separated recyclable material which has not been correctly prepared to
			 reasonable specifications which relate to marketing, transportation, storage,
			 or regulatory agency requirements. The specifications for material preparation
			 must have been publicized by the appropriate city, county or metropolitan
			 service district as part of the education and promotion program requirements in
			 OAR 340-090-0020, 340-090-0030, and 340-090-0040.
(2) In addition to the provisions set forth
			 in ORS 459A.080, no person shall
			 dispose of source separated recyclable material which has been collected or
			 received from the generator by any method other than reuse or recycling except
			 as follows:
(a) Used oil and wood waste may
			 be collected and burned for energy recovery.
(b) For covered products pursuant to ORS
			 459A.863(6), a
			 method other than reuse or recycling may be used if proposed by a producer
			 responsibility organization in a program plan, and that program plan is
			 approved by DEQ. The proposal must include an assessment of environmental
			 impacts and demonstration of consistency with the policy objectives contained
			 in ORS 459.015(2)(a).
(c) For any recyclable materials not included
			 in subsections (a) or (b), a method other than reuse or recycling may be used
			 if an assessment of the environmental impacts of the method demonstrates to
			 DEQ's satisfaction that the method provides better environmental outcomes and
			 is consistent with the policy objectives contained in ORS
			 459.015(2)(a).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0110 - Minimum Content Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
The following information must be reported to DEQ by February
				28 of each year for the previous calendar year by the applicable person on a
				form DEQ provides:
(1) Each consumer
			 of newsprint in Oregon must report the following information:
(a) Amount of newsprint used in a calendar
			 year in short tons or metric tons;
(b) Amount of recycled-content newsprint,
			 comprised of post-consumer waste paper, used in a calendar year in short tons
			 or metric tons;
(c) Aggregate
			 recycled content of the newsprint used in a calendar year expressed as a
			 percent of the total newsprint used in a calendar year in short tons;
(d) If a consumer cannot obtain the required
			 amount of recycled content newsprint for the reasons listed in ORS
			 459A.505, the report must
			 include an appropriate explanation;
(e) For purposes of this section only
			 "post-consumer waste" means a material that would normally be disposed of as a
			 solid waste, having completed its life cycle as a consumer or manufacturing
			 item.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0120 - Confidential Information

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes and clarifies which information submitted
				to DEQ under the requirements of OAR 340-090-0100  DEQ must handle as
				confidential and the procedures for maintaining confidentiality.
(1) DEQ must maintain as confidential
			 information collected under OAR 340-090-0100(5) and (6)  as it relates to
			 customer lists or names and specific weights and types of materials collected
			 or processed.
(2) Upon the
			 provider's request, DEQ must maintain as confidential information the
			 information specifically relating to customer lists or specific types and
			 amounts of materials marketed for materials collected on-route that a
			 collection service provider voluntarily submits to DEQ under a
			 survey.
(3) DEQ must designate a
			 Documents Control Officer for purposes of receiving confidential information
			 and for secure storage and management of such information.
(4) DEQ must limit access to information
			 submitted as confidential under OAR 340-090-0100(5) and (6)  to employees and
			 representatives of DEQ involved in carrying out the requirements of ORS Chapter
			 459 and 459A.
(5) DEQ may use and
			 disclose the information submitted under OAR 340-090-0100(5) and (6)  in
			 aggregate form.
Stat. Auth.: ORS
				  459A.025,
				  459.045 & 468.020
Stats. Implemented: ORS
				  459A.010
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0130 - Fair Market Value Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for exemption under ORS
			 459A.075 a source-separated
			 recyclable material must be:
(a)
			 Source-separated by the generator; and
(b) Purchased from or exchanged by the
			 generator for fair market value for recycling or reuse.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0140 - Recyclable Material Economic Test

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the factors that DEQ must consider in
				determining if a material can be collected and sold for recycling at a net cost
				equal to or less than the cost of collection and disposal of the same
				material.
(1) DEQ must calculate the
			 cost of collection and sale of a recyclable material by considering the
			 collector's costs from the time the material is source separated and leaves the
			 use of the generator until it is first sold or transferred to the person who
			 recycles it. DEQ must consider all costs and savings associated with collection
			 of a recyclable material in the calculation.
(2) DEQ must consider any measurable savings
			 to the collector resulting from making a material available for recycling as
			 opposed to disposal the same as income from sale.
(3) DEQ must calculate the cost of collection
			 and disposal of material as solid waste by using the total costs of collection
			 and disposal. Costs must include fees charged, taxes levies or subsidy to
			 collect and to dispose of solid waste. Costs must also include, but are not
			 limited, to the costs to comply with applicable statutes, rules permit
			 conditions and insurance requirements.
(4) DEQ may use the amount and value of any
			 source separated material that is collected or received as part of a recycling
			 requirement of a permit or a city or county franchise determining whether
			 remaining material meets the definition of recyclable material.
Statutory/Other Authority: ORS
				  459A.025,
				  459.045 & 468.020
Statutes/Other Implemented: ORS
				  459A.010
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0150 - Due Consideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 determining who must provide the opportunity to recycle, a city or county must
			 first give due consideration to any person lawfully providing recycling or
			 collection service on June 1, 1983, if the person continues to provide the
			 service until the date the determination is made and the person has not
			 discontinued the service for a period of 90 days or more between June 1, 1983,
			 and the date the city or county makes the determination.
(2) "Due consideration" includes at a
			 minimum:
(a) A general notice announcing that
			 the city or county intends to franchise recycling collection service and
			 describing the requirements for the franchise;
(b) A timely written notice announcing that
			 the city or county intends to franchise recycling collection service and
			 describing the requirements for the franchise sent to persons entitled by ORS
			 459A.085(6)(c)
			 to due consideration where such persons are known to the city or county or
			 where such person has filed a timely written request for such notices with the
			 city or county;
(c) An opportunity
			 for public comment on the proposed franchise; and
(d) Consideration of, and response to, a
			 timely application for a recycling collection franchise from a person entitled
			 to due consideration and response.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0180 - Used Oil Recycling Signs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Retail sellers of more than 500 gallons of lubrication or other oil annually in
			 containers for use off premises must post and maintain durable and legible
			 signs.
(2) Retail sellers must
			 print and provide their own signs. The signs must contain the following
			 information:
(a) Information on the energy
			 and environmental benefits gained by recycling used motor oil;
(b) Telephone number where people can call to
			 obtain more information on oil recycling depots and other oil recycling
			 opportunities;
(c) Information on
			 how to recycle used oil;
(d)
			 Information on at least one conveniently located used oil recycling depot, or
			 other oil recycling opportunity, i.e., name, location, and hours of
			 operation;
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0190 - Yard Debris Recycling Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The EQC's purpose in adopting this rule
			 governing when a fee may be charged for yard debris recycling services is to:
(a) Ensure that a financial disincentive for
			 recycling is not created for any waste generator;
(b) Increase recovery of yard debris and
			 stimulate participation in yard debris recycling programs;
(c) Acknowledge the rate considerations due
			 to the extreme variability of volumes generated;
(d) Ensure that service provided to
			 multi-family generators residing in dwellings of four or fewer units is
			 equivalent to service provided to single family residences.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0310 - Rigid Plastic Containers: Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The following administrative rules, OAR 340-090-0320  - 0430,
				are intended to establish the minimum requirements for implementing the Oregon
				Rigid Plastic Container Recycling Law, ORS
				459A.650 through 680. The
				Commission's purposes in adopting these rules are to:
(1) Reduce the amount of rigid plastic
			 containers being disposed of in Oregon;
(2) Increase the reuse or recycling of rigid
			 plastic containers that would otherwise be disposed of;
(3) Increase the use of recycled material in
			 the manufacture of rigid plastic containers.
Stat. Auth.: ORS
				  459A.025
Stats. Implemented: ORS
				  459A.650 -
				  459A.665
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0320 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 340-090-0310  through 430 and in OAR 340-012-0042 unless otherwise specified:
(1)
			 "Container manufacturer" means the producer or generator of a rigid plastic
			 container for a packaged product that is sold or offered for sale in Oregon. A
			 "container manufacturer" is the same as a "package manufacturer" as defined in
			 ORS 459A.650(2).
(2) "Container Manufacturer's Certificate of
			 Compliance" means the certificate provided by the container manufacturer to a
			 product manufacturer which describes the records which the container
			 manufacturer has available to document that a rigid plastic container or
			 containers comply with OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B).
(3) "Container/product ratio"
			 means the ratio of the weight of a rigid plastic container to the units of
			 product in the container.
(4) "DEQ"
			 means the Department of Environmental Quality.
(5) "Drug" has the meaning given by the
			 federal Food, Drug, and Cosmetic Act (21 U.S.C.
			 321)  and pertinent regulations.
(6) "FDA" means federal Food and Drug
			 Administration.
(7) "FD&C Act"
			 means federal Food, Drug and Cosmetic Act (21 U.S.C.
			 321).
(8) "Infant formula" has the meaning given by
			 the federal Food, Drug and Cosmetic Act (21 U.S.C.
			 321(f)), and is food which
			 purports to be for special dietary use solely as food for infants because it
			 simulates human milk or is suitable as a complete or partial substitute for
			 human milk.
(9) "Medical device"
			 means an instrument, apparatus, implement, machine, contrivance, implant, in
			 vitro reagent, or other similar or related article, including a component, part
			 or accessory, which is:
(a) Recognized in the
			 National Formulary, United States Pharmacopoeia, USP 39-NF 34 (2016) or any
			 existing supplement thereto, and intended:
(A) For use in the diagnosis, cure,
			 mitigation, treatment, or prevention of disease in man or other animals;
			 or
(B) To affect the structure or
			 any function of the body of man or other animals which does not achieve its
			 primary intended purpose through chemical action within or on the body of man
			 or other animals; and is
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0330 - Rigid Plastic Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A rigid plastic container is a plastic bottle, jar, cup, tub, pail, "clamshell"
			 container, or other plastic container which meets the following criteria:
(a) Is designed to hold a product for
			 sale;
(b) Has a volume of not less
			 than eight fluid ounces and not more than five gallons. The volume of the
			 container must be determined using one of the following methods:
(A) For a container which is labeled in
			 liquid measure, the labeled volume; or
(B) The measured liquid volume of the
			 container; and
(C) For containers
			 which have a labeled product liquid volume of five gallons or less and a
			 measured container liquid volume of more than five gallons the labeled product
			 volume must be used.
(c)
			 Is composed predominantly of plastic resin;
(d) Is able to maintain its shape, whether
			 empty or full, under normal usage, independent of any product which it contains
			 or other external support.
Comment: Plastic tubes and blister packs are excluded from the
				definition of a rigid plastic container.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0340 - Exempt Rigid Plastic Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Rigid plastic containers that meet one of
			 the sets of criteria in sections (2) through (7) of this rule are exempt from
			 the requirements of OAR 340-090-0350  through -0370.
(2) The product in the rigid plastic
			 container is one of the following:
(a) A
			 "drug" as defined in OAR 340-090-0320(5);
(b) A "medical device" as defined in OAR
			 340-090-0320(9);
(c) "Medical food"
			 as defined in OAR 340-090-0320(10); or,
(d) "Infant formula" as defined in OAR
			 340-090-0320(8).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0350 - Compliance Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in OAR 340-090-0340, by January 1, 1995, any rigid plastic
			 container sold, offered for sale, or used in association with the sale or offer
			 for sale of products in Oregon must comply with one of the following:
(a) Have at least 25 percent recycled
			 content;
(b) Be made of plastic
			 that is being recycled in Oregon at a rate of at least 25 percent by meeting
			 one of the following criteria:
(A) It is a
			 rigid plastic container and rigid plastic containers, in the aggregate, are
			 being recycled in Oregon at a rate of at least 25 percent by January 1,
			 1995;
(B) It is a specified type of
			 rigid plastic container and that specified type of rigid plastic container, in
			 the aggregate, is being recycled in Oregon at a rate of at least 25 percent by
			 January 1, 1995; or
(C) It is a
			 product-associated container and that class of containers, in the aggregate, is
			 being recycled in Oregon at a rate of at least 25 percent by January 1,
			 1995.
(c) Be used at
			 least five times for the same or a substantially similar
			 use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0360 - Recycled Content Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A rigid plastic container must have at least 25% recycled content by January 1,
			 1995 to comply with OAR 340-090-0350(1)(a).
(2)
(a) A
			 container manufacturer must determine the recycled content of an individual
			 rigid plastic container as being the same as the calculated recycled content
			 for all the same type of rigid plastic containers manufactured during the same
			 time period, within a one-year period, as determined by the container
			 manufacturer, with the same input ratio of recycled material to total
			 plastic;
(b) The recycled content
			 of a rigid plastic container is calculated by dividing the weight of recycled
			 material used in the production of the container by the total weight of plastic
			 material used to produce the container. The result of that calculation is a
			 percentage, which is the recycled content.
[NOTE: View a PDF of formulas by clicking on "Tables" link
				below.]
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0370 - Recycling Rate Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
A rigid plastic container may comply with OAR
				340-090-0350(1)(b)  by meeting one of the following criteria:
(1) The aggregate recycling rate for
			 compliance purposes in Oregon for all rigid plastic containers, as calculated
			 pursuant to OAR 340-090-0380(2), is at least 25%.
(2) It is a specified type of rigid plastic
			 container and the recycling rate in Oregon for that type of container, in the
			 aggregate, is at least 25%:
(a) A
			 manufacturer using this recycling rate option may designate the type of rigid
			 plastic containers on which the recycling rate will be based. This becomes the
			 specified-type. A specified-type may be designated using any one or combination
			 of the following characteristics:
(A) Type of
			 plastic resin used to manufacture the container, for example HDPE, natural
			 HDPE, colored HDPE, PETE, PVC;
(B)
			 Shape and design of the container, for example all bottles, all tubs, all
			 gallon jugs, all buckets;
(C) Use
			 of the container, for example milk bottles, non-milk dairy containers,
			 household chemical containers, or other generic product lines;
(D) Other specified characteristics of the
			 container.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0380 - Recycling Rate Calculation for Rigid Plastic Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The recycling rate for rigid plastic
			 containers must be calculated as one of the following:
(a) Aggregate or specified resin type
			 recycling rate for compliance purposes;
(b) Calendar year aggregate recycling
			 rate;
(c) Specified-type rate;
			 or
(d) Product-associated
			 rate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0390 - Waste Composition

Current through Register Vol. 63, No. 7, July 1, 2024
(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.