Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0650 - Performance Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Performance standards generally. In providing for the collection and
			 responsible recycling of covered products pursuant to ORS
			 459A.896(1), a
			 producer responsibility organization must ensure that the following performance
			 standards are met:
(a) Methods. A producer
			 responsibility organization's program plan must provide for how the producer
			 responsibility organization will achieve and maintain collection targets
			 provided by OAR 340-090-0640, convenience standards provided by OAR
			 340-090-0650, and performance standards. For performance standards, the program
			 plan shall include a description of how the producer responsibility
			 organization will monitor sites and services on a regular basis to ensure
			 compliance with, and reporting to DEQ in a timely manner of any deviations from
			 the program plan and performance standards under this rule.
(b) Free to the public. No fee shall be
			 charged to users of any depot or drop off services, collection events or
			 collection services as provided under ORS
			 459A.896(1)(a) through
			 (c). If depot collection is provided at a
			 location that normally charges users to access the site (such as a gate fee at
			 a solid waste transfer station), the producer responsibility organization must
			 arrange to waive the fee for the delivery of any covered products on the
			 producer responsibility organization recycling acceptance list.
(c) Promotion. A producer responsibility
			 organization must promote the availability of collection opportunities, how to
			 properly prepare materials for recycling and how to utilize collection
			 opportunities. Such promotion must use methods and materials that are clear,
			 culturally relevant, accessible, and understandable to diverse audiences. A
			 producer responsibility organization must make available to the public through
			 a website that is maintained and available in multiple languages the location
			 and hours of operation for all collection points, and information on how to
			 properly prepare materials for collection.
(d) Accessibility. All collection services
			 shall be reasonably accessible for users of diverse abilities, and safe to
			 interact with for users and service operators. Collection points that are
			 co-located with other services, such as those located inside retail businesses,
			 shall be conveniently located and easy for users to find. Collection
			 receptacles shall be emptied on an adequate basis such that users can deliver
			 materials without creating an overflow situation that obstructs access,
			 inhibits use, or creates an obstacle to pedestrian or vehicular traffic. Sites
			 that are unstaffed during some or all hours of operation shall provide a
			 prominently featured hotline number and protocols for quickly responding to
			 concerns regarding site safety, environmental impacts, or
			 accessibility.
(e) Contamination
			 prevention and management. Collection services shall be offered and operated in
			 ways that minimize acceptance of contamination, and that minimize the presence
			 of contamination in outbound materials. A producer responsibility
			 organization's program plan must include protocols for managing materials that
			 are not on the producer responsibility organization recycling acceptance list
			 but that are delivered to collection points or events. Such protocols must
			 include screening and then accepting and managing the contamination
			 appropriately, rejecting the contamination or both, and must also include
			 providing service users with information on proper recycling or disposal
			 options for non-accepted materials. If contamination of accumulated covered
			 products delivered for recycling is so significant that the producer
			 responsibility organization or its contractor elects to dispose of them, the
			 producer responsibility organization shall, within three business days of
			 disposal, report to the department the disposal, the amount of material
			 disposed and reasons for disposal, and actions the producer responsibility
			 organization will take to better prevent and manage contamination and prevent a
			 reoccurrence at that location. The producer responsibility organization will
			 also report the disposal of covered products in its quarterly material
			 disposition report required by ORS
			 495A.887(6).
(f) Quality assurance. Collection services
			 must be operated in a manner that maintains the quality and marketability of
			 collected materials, including collection of materials indoors or under cover
			 when appropriate.
(g) Litter
			 mitigation. Collection services and associated handling of collected material
			 must be operated in a manner to prevent litter and any other pollution to air
			 or water.
(h) Self-reporting. A
			 producer responsibility organization must report to DEQ, within 2 business
			 days, any incidents that substantially impact the availability or quality of
			 service, or which require the presence of emergency responders (for example
			 police, medical or fire).
(i)
			 Additional materials. A producer responsibility organization must provide
			 written notice of its intent to accept any materials not described in OAR
			 340-090-0630(3)  at any collection points used to satisfy the requirements of
			 OAR 340-090-0640  at least six months prior to promotion of such acceptance to
			 the public. Prior to promoting to the public such acceptance, a producer
			 responsibility organization must complete the step provided by OAR
			 340-090-0670(3)(a)(A)  and submit properly completed screening assessment forms
			 to the department.