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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 90

RECYCLING AND WASTE REDUCTION

 

340-090-0005

Purpose

The purpose of these rules is to establish the minimum requirements for providing the opportunity to recycle. These rules describe the standards for local recycling programs, assure measurable recovery rates, and establish standards for used oil recycling signs. The rules are adopted pursuant to 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.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.005, ORS 459A.010, ORS 459A.025 & ORS 459A.575
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0005

 

340-090-0010

Definitions

The definitions in this rule apply to OAR Chapter 340, Divisions 90 and 91. As used in these Divisions 90 and 91 unless otherwise specified:

(1) "Affected Person" means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and Metropolitan Service District. For the purposes of these rules "affected person" also means a person involved in operation of a place to which persons not residing on or occupying the property may deliver source separated recyclable material.

(2) "Collection Service" means a service that provides for collection of solid waste or recyclable material or both, but does not include that part of a business operated under a certificate issued under ORS 822.110. "Collection service" of recyclable materials does not include a place to which persons not residing on or occupying the property may deliver source separated recyclable material.

(3) "Collector" means the person who provides collection service.

(4) "Commercial" means stores, offices, including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals, and other non-manufacturing entities, but does not include manufacturing activities. Business, manufacturing or processing activities in residential dwellings are also not included.

(5) "Commission" means the Environmental Quality Commission.

(6) "Composting" means the managed process of controlled biological decomposition of organic or mixed solid waste. It does not include composting for the purposes of soil remediation. Compost is the product resulting from the composting process.

(7) "Consumer of Newsprint" means a person who uses newsprint in a commercial or government printing or publishing operation.

(8) "Department" means the Department of Environmental Quality.

(9) "Depot" means a place for receiving source separated recyclable material.

(10) "Director" means the Director of the Department of Environmental Quality.

(11) "Disposal Site" means land and facilities used for the disposal, handling or transfer of or energy recovery, material recovery, and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composing plants and land and facilities previously used for solid waste disposal at a land disposal site; but the term does not include a facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both a hazardous waste and solid waste; a facility subject to the permit requirements of ORS 468B.050; a site which is used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or a site operated by a wrecker issued a certificate under ORS 822.110.

(12) "Energy Recovery" means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

(13) "Franchise" includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

(14) "Generator" means a person who last uses a material and makes it available for disposal or recycling.

(15) "Glass Container Manufacturer" means a person that manufactures new glass containers in Oregon or that manufactures new glass containers outside Oregon sold by the manufacturer to packagers located in Oregon.

(16) "Industrial Waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under ORS Chapters 465 and 466. Such waste may include, but is not limited to, waste resulting from the following processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; water treatment; and timber products manufacturing. This term does not include construction/demolition waste; or municipal solid waste from manufacturing or industrial facilities such as office or "lunch room" waste, or packaging material for products delivered to the generator.

(17) "Land Disposal Site" means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond, lagoon or land application.

(18) "Local Government Unit" means the territory of a political subdivision that regulates either solid waste collection, disposal, or both, including but not limited to incorporated cities, municipalities, townships, counties, parishes, regional associations of cities and counties, Indian reservations, and Metropolitan Service Districts, but not including sewer districts, fire districts, or other political subdivisions that do not regulate solid waste. If a county regulates solid waste collection within unincorporated areas of the county but not within one or more incorporated cities or municipalities, then the county local government unit shall be considered as only those areas where the county directly regulates solid waste collection.

(19) "Material Recovery" means any process of obtaining from solid waste, by presegregation or otherwise, materials which still have useful physical or chemical properties and can be reused, recycled or composted for some purpose.

(20) "Metropolitan Service District" means a district organized under ORS Chapter 268 and exercising solid waste authority granted to such district under ORS Chapters 268, 459, and 459A.

(21) "Multi-Family" means dwellings of five or more units.

(22) "Newsprint" means paper meeting the specifications for Standard Newsprint Paper and Roto Newsprint Paper as set forth in the current edition of the Harmonized Tariff Schedule of the United Statesfor such products.

(23) "On-Route Collection" means pick up of source separated recyclable material from the generator at the place of generation.

(24) "On-Site Collection" has the same meaning as on-route collection.

(25) "Opportunity to Recycle" means those activities described in OAR 340-090-0020, 340-090-0030, 340-090-0040, and 340-090-0050.

(26) "Permit" means a document issued by the Department, 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.

(27) "Person" means 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.

(28) "Post-Consumer Waste" means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. Post-consumer waste does not include manufacturing waste.

(29) "Principal Recyclable Material" means material which is a recyclable material at some place where the opportunity to recycle is required in a wasteshed and is identified by the Commission in OAR 340-090-0070.

(30) "Recyclable Material" means any material or group of materials that 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.

(31) "Recycled-Content Newsprint" means newsprint that includes post-consumer waste paper.

(32) "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products may lose their identity.

(33) "Recycling Setout" means any amount of source-separated recyclable material set out at or near a residential dwelling for collection by the recycling collection service provider.

(34) "Residential" means single family dwellings and multi-family dwellings having four or less units.

(35) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

(36) "Solid Waste" means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances; manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. "Solid waste" does not include:

(a) Hazardous wastes as defined in ORS 466.005;

(b) Materials used for fertilizer, soil conditioning, humus restoration, or for other productive purposes or which are salvageable for these purposes and are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals, provided the materials are used at or below agronomic application rates.

(37) "Solid Waste Management" means prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, recycling, reuse and material or energy recovery from solid waste, and facilities necessary or convenient to such activities.

(38) "Source Separate" means that the person who last uses recyclable material separates the recyclable material from solid waste.

(39) "Urbanized Area" means, for jurisdictions within the State of Oregon, the territory within the urban growth boundary of each city of 4,000 or more population, or within the urban growth boundary established by a Metropolitan Service District. For jurisdictions outside the State of Oregon, "urbanized area" means a geographic area with substantially the same character, with respect to minimum population density and commercial and industrial density, as urbanized areas within the State of Oregon.

(40) "Waste Prevention" means to reduce the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. "Waste Prevention" does not include reuse, recycling or composting.

(41) "Wasteshed" means the areas of the state of Oregon as defined in ORS 459A.010 and OAR 340-090-0050.

(42) "Yard Debris" means vegetative and woody material generated from residential property or from commercial landscaping activities. Includes grass clippings, leaves, hedge trimmings and similar vegetative waste, but does not include stumps or similar bulky wood materials.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 459.045, ORS 459A.100 - ORS 459A.120 & ORS 468.020
Stats. Implemented: ORS 459A.005 & ORS 459A
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 7-1987, f. & ef. 3-18-87; DEQ 5-1988, f. & cert. ef. 2-2-88; DEQ 1-1989, f. & cert. ef. 1-27-89; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-60-010; DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0015

Scope and Applicability

(1) OAR Chapter 340, Division 90 describes the requirements for waste reduction and recycling programs for residential and commercial solid waste but does not include industrial waste. Division 90 also includes the requirements for oil recycling signs at retail establishments.

(2) The requirements in OAR Chapter 340, Division 90 apply to cities, counties and metropolitan service districts generally and where specified to landfill owners/operators, solid waste collection services, and other persons.

(3) OAR Chapter 340, Division 90 is adopted pursuant to the authorities in ORS Chapter 459 and 459A and should be used in conjunction with these laws of the State of Oregon.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.005, ORS 459A.010, ORS 459A.020, ORS 459A.025, ORS 459A.030, ORS 459A.035, ORS 459A.040, ORS 459A.050, ORS 459A.055, ORS 459A.060, ORS 459A.065, ORS 459A.070, ORS 459A.075, ORS 459A.080, ORS 459A.085, ORS 459A.100, ORS 459A.110, ORS 459A.115 & ORS 459A.120
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

340-090-0020

Opportunity to Recycle

The Opportunity to Recycle as set forth in ORS 459A.005 and 459A.010, includes at a minimum the requirements as described in OAR 340-090-0030, 340-090-0040, and 340-090-0050. The appropriate city, county, or metropolitan service district, may request approval of an alternative method for meeting the requirements of the Opportunity to Recycle in accordance with the provisions of OAR 340-090-0080.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.005
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0020

340-090-0030

General Requirements

(1) The city, county, or metropolitan service district responsible for solid waste management shall insure that a place for collecting source separated recyclable materials 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.

(2) Each city with a population of 4,000 or more or, where applicable within the urban growth boundary established by a metropolitan service district, shall provide on-route collection service for source separated recyclable materials at least once a month for all collection service customers within the city limits and the county shall provide that service to the collection service customers within the urban growth boundary but outside of the city limits.

(3) The city or county responsible for solid waste management shall carry out a public education and promotion program that meets the following minimum requirements:

(a) An initial written or more effective notice or combination of both that is reasonably designed to reach each residential and commercial generator of recyclable materials, and that clearly explains why people should recycle, the recycling opportunities available to the recipient, the materials that can be recycled and the proper preparation of those materials for recycling. The notice shall include the following specific information:

(A) Reasons why people should recycle; and

(B) Name, address and telephone number of the person providing on-route collection where applicable; and

(C) Listing of depots for recyclable materials at all disposal sites serving the area and any alternatively approved more convenient locations, including the materials accepted and hours of operation; or

(D) Instead of paragraphs (B) and (C) of this subsection a telephone number to call for information about depot locations and collection service as appropriate.

(b) Existing residential and commercial collection service customers shall be provided information, at least semi-annually, through a written or more effective notice or combination of both, listing the materials collected, the schedule for collection, proper method of preparing materials for collection and an explanation of the reasons why source separation of materials for recycling is necessary;

(c) Written information to be distributed to disposal site users at all disposal sites or alternatively more convenient locations with attendants and where it is otherwise practical. The written information shall include the following:

(A) Reasons why people should recycle; and

(B) List of materials that can be recycled; and

(C) Instruction for the proper preparation of recyclable materials.

(d) At sites without attendants, a sign indicating availability of recycling at the site or at the more convenient location shall be prominently displayed that indicates materials accepted and hours of operation;

(e) Identify and establish a procedure for citizen involvement for the development and implementation of an education and promotion program;

(f) Notification and education materials provided to local media and other groups that maintain regular contact with commercial and residential generators and the public in general, including local newspapers, trade publications, local television and radio stations, community groups, neighborhood associations;

(g) A person identified as the education and promotion representative for the appropriate jurisdiction to be the official contact to work with the other affected persons in matters relating to education and promotion for recycling.

Stat. Auth.: ORS 459.045, ORS 459A.100 - ORS 459A.120 & ORS 468.020
Stats. Implemented: ORS 459A.005 & ORS 459A.010
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0020 & 340-060-0040; DEQ 10-1994, f. & cert. ef. 5-4-94

340-090-0040

Local Government Recycling Program Elements

In addition to the minimum requirements in OAR 340-090-0030 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 shall implement additional recycling program requirements selected from section (3) of this rule in accordance with the following requirements:

(1) Each city with a population of at least 4,000 but not more than 10,000 that is not within a Metropolitan Service District and any county responsible for the area between the city limits and the urban growth boundary of such city shall implement one of the following, except where otherwise indicated:

(a) Implement subsections (3)(a), (b), and (c) of this rule; or

(b) Select and implement at least three program elements listed in section (3) of this rule; or

(c) Implement an alternative method that is approved by the Department in accordance with the requirements of OAR 340-090-0080.

(2) Each city with a population of more than 10,000 or that is within a Metropolitan Service District and any county responsible for the area within a Metropolitan Service District or the area between the city limits and the urban growth boundary of such city shall implement one of the following, except where otherwise indicated:

(a) Implement subsections (3)(a), (b), and (c) of this rule and one additional element in section (3) of this rule; or

(b) Select and implement at least five program elements listed in section (3) of this rule; or

(c) Implement an alternative method that is approved by the Department in accordance with the requirements of OAR 340-090-0080.

(3) Program elements:

(a) Deliver to each residential collection service customer at least one durable recycling container. For purposes of this program element a durable container shall be a rigid box or bucket with a volume of at least 12 gallons made of material that holds up under all weather conditions for at least five years, and is easily handled by the resident and the collector;

(b) Provide on-route collection at least once each week of source separated recyclable materials, excluding yard debris, to residential collection service customers provided on the same day that solid waste is collected from each customer;

(c) Provide a recycling education and promotion program that is expanded from the minimum requirements described in OAR 340-090-0030(3), and supports the management of solid waste in the following priority order: first preventing the generation of waste, then reusing materials, then recycling materials, then composting materials, then recovering energy, and finally safely disposing of solid waste that cannot be prevented, reused, recycled, composted or used for energy recovery.

(A) The expanded program:

(i) Shall inform all solid waste generators of how to prevent waste, reuse, recycle and compost material;

(ii) Shall inform all solid waste generators of the benefits of preventing waste, reusing, recycling and composting materials;

(iii) Shall promote the use of available recycling services; and

(iv) Shall target educational and promotional materials provided to commercial customers to meet the needs of various types of businesses and should include reasons to recycle, including economic benefits, common barriers to recycling and solutions, additional resources for commercial generators of solid waste, and other information designed to assist and encourage recycling efforts. These materials shall encourage each commercial collection customer to have a goal to achieve 50 percent recovery from its solid waste stream by the year 2009.

(B) The expanded program shall be provided in one of the two following ways:

(i) A "Specified Action" program, which shall include at a minimum the following elements:

(I) All new residential and commercial collection service customers shall each receive a packet of educational materials that contain information listing the materials collected, the schedule for collection, proper method of preparing materials for collection and an explanation of the reasons why source separation of materials for recycling should be done;

(II) Existing residential and commercial collection service customers shall be provided information identified in OAR 340-090-0040(3)(c)(B)(i)(I) at least four times a calendar year through a written notice or effective alternative to reach various solid waste generators, or combination of both;

(III) At least annually information regarding the benefits of recycling and the type and amount of materials recycled during the past year shall be provided directly to the collection service customer in written form and shall include additional information including the procedure for preparing materials for collection;

(IV) Targeting of at least one community or media event per year to promote waste prevention, reuse, recycling and composting, although not every media event needs to promote all of those activities;

(V) Utilizing a variety of materials and media formats to disseminate the information in the expanded program in order to reach the maximum number of collection service customers and residential and commercial generators of solid waste; or

(ii) Development and implementation of an "Expanded Education and Promotion Plan." The Plan shall:

(I) Include actions to effectively reach solid waste generators and all new and existing collection service customers;

(II) Include such actions as necessary to fulfill the intent of this subsection;

(III) Include a timetable for implementation, which shall be implemented; and

(IV) Be submitted to the Department:

(i) By February 28 of the first year that the Plan is to be in effect; or

(ii) Within 30 days of the beginning of the local government's fiscal year in which the Plan is first put into effect.

(d) Establish and implement a recycling collection program through local ordinance, contract or any other means enforceable by the appropriate city or county for each multi-family dwelling complex having five or more units. The collection program shall meet the following requirements:

(A) Collect at least four principal recyclable materials or the number of materials required to be collected under the residential on-route collection program, whichever is less;

(B) Provide educational and promotional information directed toward the residents of multi-family dwelling units periodically as necessary to be effective in reaching new residents and reminding existing residents of the opportunity to recycle including the types of materials to be recycled and the method for properly preparing those materials.

(e) Establish and implement an effective residential yard debris program for the collection and composting of residential yard debris. The program shall include the following elements:

(A) Promotion of home composting of yard debris through written material or some other effective media form that is directed at the residential generator of yard debris; and either

(B) At least monthly on-route collection of yard debris from residences for production of compost or other marketable products; or

(C) System of residential yard debris collection depots, for the production of compost or other marketable products, located such that there is at least one conveniently located depot for every 25,000 population and open to the public at least once a week.

(f) Taking into account material generation rates, establish and implement regular, on-site collection of source separated principal recyclable materials from commercial entities, taking into consideration how the generator could achieve 50 percent recovery. This program element does not apply to manufacturing, business or processing activities in residential dwellings or to the generation of industrial solid waste. At a minimum the commercial recycling program:

(A) Shall be provided to commercial entities that employ 10 or more persons and occupy 1,000 square feet or more in a single location;

(B) Shall include an education and promotion program which:

(i) Uses materials and messages specifically designed for commercial generators of solid waste; and

(ii) Informs all commercial generators of solid waste of the benefits of recycling, the recycling opportunities available to them and how to recycle; and

(iii) If the local government is providing the expanded education and promotion program element, includes any additional requirements needed to meet OAR 340-090-0040(3)(c);

(iv) Includes information on the benefits of waste prevention to commercial generators.

(C) Shall be conducted to effectively promote the commercial recycling program to commercial generators of solid waste;

(D) Shall encourage commercial generators to strive to achieve 50 percent recovery from their solid waste stream by the year 2009;

(E) Should provide other elements including but not limited to:

(i) Provision of waste assessments to businesses;

(ii) Provision of recycling receptacles to businesses at no or low cost;

(iii) Waste prevention and recycling recognition programs. Local governments are encouraged to involve local business organizations in publicly recognizing outstanding waste prevention and recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase waste prevention and recycling efforts.

(g) Establish depots for recycling collection of all principal recyclable materials listed in OAR 340-090-0070, and where feasible, additional materials. This program shall provide at least one (1) recycling depot in addition to the depot(s), if any, required by OAR 340-090-0030(1) and shall result in at least one (1) conveniently located depot for every 25,000 population. The expanded program shall include promotion and education that maximizes the use of the expanded depot program. The depots shall operate as follows:

(A) Have regular and convenient hours for residential generators of solid waste; and

(B) Open on the weekend days; and

(C) Be established in location(s) such that it is convenient for residential generators of solid waste to use the depot(s).

(h) Establish collection rates for residential solid waste from single family residences and single residential units in complexes of less than five units, that encourage waste prevention, reuse and recycling. The rates at a minimum, shall include the following elements:

(A) At least one rate for a container that is 21 gallons or less in size and costs less than larger containers; and

(B) Rates shall be based on the average weight, as determined in paragraph (E) of this subsection, of solid waste disposed per container for various sizes of containers; and

(C) Rates, as calculated on a per pound disposed basis shall not decrease per pound with the increasing size of the container or the number of containers; and

(D) Rates per container service shall be established such that each additional container beyond the first container for each residential unit shall have a fee charged that is at least the same fee and no less than the first container; and

(E) Rates, calculated on a per pound disposed basis, shall be established by the city or county through development of their own per pound average weights for various container sizes by sampling and calculating the average weights for a cross section of containers within their residential service area.

(i) An on-going system to collect food waste, paper that is not recyclable because of contamination, and other compostable waste from commercial and institutional entities that generate large amounts of such wastes, and compost it at facilities in compliance with Department composting facility rules and local government regulations:

(A) Before diverting edible (unwanted) foods to be composted, a local government should consider how to encourage making them available:

(i) To charity for human consumption;

(ii) Or if charity channels are not available, to farmers for animal feed.

(B) A commercial composting program shall include the following elements:

(i) On-going promotion of the commercial compost program through written material or other effective formats directed to targeted commercial and institutional generators within the local government (e.g., grocery stores, restaurants, wholesale flower warehouses, hotels, businesses and institutions with food service);

(ii) To avoid problems relating to human health and the environment, periodic collection of food wastes and other compostable materials is required from commercial and institutional generators on an appropriate schedule.

(C) Any composting facility to which collected compostable material is taken shall comply with Department composting facility rules;

(D) On-site commercial and institutional composting should be considered if the location is appropriate, space is available and the entity is in compliance with Department composting facility rules and local government regulations.

(4) In addition to the requirements in sections (1) and (2) of this rule, each city with a population of 4,000 or more and any county responsible for the area within a Metropolitan Service District or the area between the city limits and the urban growth boundary of such city in any of the following wastesheds shall provide the opportunity to recycle rigid plastic containers if the conditions set forth in section (5) of this rule are met:

(a) Clackamas, Multnomah and Washington Counties, in aggregate, as a single wasteshed;

(b) Benton wasteshed;

(c) Clatsop wasteshed;

(d) Columbia wasteshed;

(e) Deschutes wasteshed;

(f) Douglas wasteshed;

(g) Hood River wasteshed;

(h) Jackson wasteshed;

(i) Josephine wasteshed;

(j) Lane wasteshed;

(k) Linn wasteshed;

(l) Marion wasteshed;

(m) Polk wasteshed;

(n) Wasco wasteshed; and

(o) Yamhill wasteshed.

(5) The opportunity to recycle rigid plastic containers is required within a wasteshed when a stable market price for rigid plastic containers, that equals or exceeds 75 percent of the necessary and reasonable collection costs for those containers, exists for such wasteshed.

(6) Each wasteshed shall prepare an individualized plan that identifies policies or programs specific to the wasteshed's local conditions to achieve the required recovery goals. The plan shall be available to the department upon the department's request. The plan shall be updated by December 31, 2006 and again by December 31, 2010. Clackamas, Multnomah and Washington Counties, in aggregate, may meet this requirement through the programs under ORS 459.340, 459.345, 459.350, and 459A.050.

(7) If a wasteshed does not achieve its 2005 or 2009 waste recovery goal, the wasteshed shall conduct a technical review of existing policies or programs and determine revisions to meet the recovery goal. The department shall, upon the request of the wasteshed, assist in the technical review. The wasteshed may request, and may assist the department in conducting, a technical review to determine whether the wasteshed goal is valid.

Stat. Auth.: ORS 459.045, 459A.025, 459A.100 - 459A.120 & 468.020
Stats. Implemented: ORS 459A.005, 459A.010 & 459A.665
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 8-2005, f. & cert. ef. 7-14-05

340-090-0045

Wasteshed Programs for Two Percent Recovery Rate Credit

A wasteshed may implement one or more of the three following programs. For each program implemented, the wasteshed shall receive a two percent credit on the wasteshed's recovery rate, pursuant to OAR 340-090-0060(3).

(1) Waste Prevention Program. This program shall include:

(a) A wasteshed-wide program to provide general educational materials to residents about waste prevention and examples of things residents can do to prevent generation of waste; and

(b) Two of the following:

(A) Reduce the wasteshed annual per capita waste generation by two percent each year;

(B) Conduct a waste prevention media promotion campaign targeted at residential generators;

(C) Expand the education program in primary and secondary schools to include waste prevention and reuse;

(D) Household hazardous waste prevention education program;

(E) Local governments will conduct waste prevention assessments of their operations, or provide waste prevention assessments for businesses and institutions and document any waste prevention measures implemented;

(F) Conduct a material-specific waste prevention campaign for businesses throughout the wasteshed;

(G) Implement a Resource Efficiency Model City program;

(H) Conduct a material-specific waste prevention education campaign that focuses on a toxic or energy-intensive material;

(I) Local governments will implement programs to buy recycled-content products for their operations, consistent with procurement guidelines issued by the United States Environmental Protection Agency; or

(J) Local governments will implement programs for new construction and remodeling of local government buildings that incorporate recycled-content materials, energy conservation features, water conservation and stormwater management features and other elements to increase the resource efficiency and lower the environmental impact of these buildings.

(2) Reuse Program. This program shall include:

(a) A promotion and education campaign on the benefits and opportunities for reuse available to the public in the wasteshed; and

(b) Two of the following:

(A) Operate construction and demolition debris salvage programs with depots;

(B) Promote reuse programs offered by local resale businesses, thrift stores and equipment vendors, such as computer and photocopier refurbishers, to the public and businesses;

(C) Identify and promote local businesses that will take back white goods for refurbishing and resale to the public;

(D) Develop and promote use of waste exchange programs for the public and private sectors;

(E) Site accommodation for recovery of reusable material at transfer stations and landfills; or

(F) Sidewalk pickup or community fair program in cities over 4,000 population in the wasteshed.

(3) Residential Composting Program. This program shall include:

(a) Promotion of the residential composting program through public information and demonstration site or sites; and

(b) Two of the following:

(A) A program to encourage leaving grass clippings generated by lawn mowing on-site rather than bagging the clippings for disposal or composting;

(B) A composting program for local schools;

(C) An increase in availability of compost bins for residents; or

(D) Another program increasing a household's ability to manage yard trimmings or food wastes.

(4) A wasteshed may receive, upon application to the Department of Environmental Quality, a recovery credit greater than two percent for a residential composting program. To receive the recovery credit under this paragraph, the wasteshed must provide quantitatively verifiable documentation of residential composting tonnage to the department. The documentation must show that more than two percent of the wasteshed's generated tonnage of solid waste is diverted from the wastestream by residential composting.

Stat. Auth.: ORS 459A.025 & 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 8-2005, f. & cert. ef. 7-14-05

340-090-0050

Wasteshed Designation and Recovery Rates

The purpose of this rule is to define the wastesheds as designated in ORS 459A.010, and state recovery rates that each wasteshed shall achieve and maintain:

(1) Baker wasteshed is all of the area within Baker County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 25 percent.

(2) Benton wasteshed is all of the area within Benton County excluding the City of Albany and shall achieve a recovery rate of 45 percent for calendar years 2005 through 2008 and 50 percent for calendar year 2009 and subsequent years.

(3) Clatsop wasteshed is all of the area within Clatsop County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 25 percent.

(4) Columbia wasteshed is all of the area within Columbia County and shall achieve a recovery rate of 28 percent for calendar years 2005 through 2008 and 32 percent for calendar year 2009 and subsequent years.

(5) Coos wasteshed is all of the area within Coos County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 30 percent.

(6) Crook wasteshed is all of the area within Crook County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(7) Curry wasteshed is all of the area within Curry County and shall achieve and maintain a recovery rate for calendar year 2005 and subsequent years of 30 percent.

(8) Deschutes wasteshed is all of the area within Deschutes County and shall achieve a recovery rate of 32 percent for calendar years 2005 through 2008 and 45 percent for calendar year 2009 and subsequent years.

(9) Douglas wasteshed is all of the area within Douglas County and shall achieve a recovery rate of 35 percent for calendar years 2005 through 2008 and 40 percent for calendar year 2009 and subsequent years.

(10) Gilliam wasteshed is all of the area within Gilliam County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(11) Grant wasteshed is all of the area within Grant County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 19 percent.

(12) Harney wasteshed is all of the area within Harney County and shall achieve a recovery rate of 30 percent for calendar years 2005 through 2008 and 40 percent for calendar year 2009 and subsequent years.

(13) Hood River wasteshed is all of the area within Hood River County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 25 percent.

(14) Jackson wasteshed is all of the area within Jackson County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 40 percent.

(15) Jefferson wasteshed is all of the area within Jefferson County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 25 percent.

(16) Josephine wasteshed is all of the area within Josephine County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 38 percent.

(17) Klamath wasteshed is all of the area within Klamath County and shall achieve a recovery rate of 15 percent for calendar years 2005 through 2008 and 20 percent for calendar year 2009 and subsequent years.

(18) Lake wasteshed is all of the area within Lake County and shall achieve a recovery rate of 8 percent for calendar years 2005 through 2008 and 10 percent for calendar year 2009 and subsequent years .

(19) Lane wasteshed is all of the area within Lane County and shall achieve a recovery rate of 45 percent for calendar years 2005 through 2008 and 54 percent for calendar year 2009 and subsequent years.

(20) Lincoln wasteshed is all of the area within Lincoln County and shall achieve a recovery rate of 19 percent for calendar years 2005 through 2008 and 20 percent for calendar year 2009 and subsequent years .

(21) Linn wasteshed is all of the area within Linn County, including the Cities of Albany and Mill City, and excluding the area within the City of Gates and the City of Idanha, and shall achieve a recovery rate of 40 percent for calendar year 2005 and subsequent years.

(22) Malheur wasteshed is all of the area within Malheur County and shall achieve a recovery rate of 21 percent for calendar years 2005 through 2008 and 22 percent for calendar year 2009 and subsequent years.

(23) Marion wasteshed is all of the area within Marion County and all of the area within the Cities of Gates, Idanha, and the city of Salem excluding the area within West Salem and Mill City and shall achieve a recovery rate of 37 percent for calendar years 2005 through 2008 and 54 percent for calendar year 2009 and subsequent years.

(24) Milton-Freewater wasteshed is all the area within the urban growth boundary of the City of Milton-Freewater and shall achieve a recovery rate of 22 percent for calendar years 2005 through 2008 and 25 percent for calendar year 2009 and subsequent years .

(25) Morrow wasteshed is all of the area within Morrow County and shall achieve a recovery rate of 18 percent for calendar years 2005 through 2008 and 20 percent for calendar year 2009 and subsequent years.

(26) Polk wasteshed is all the area within Polk County including the area within West Salem and excluding all the City of Willamina and shall achieve a recovery rate of 30 percent for calendar years 2005 through 2008 and 35 percent for calendar year 2009 and subsequent years.

(27) Sherman wasteshed is all of the area within Sherman County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(28) Tillamook wasteshed is all of the area within Tillamook County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 30 percent.

(29) Umatilla wasteshed is all of the area within Umatilla County excluding the area within the urban growth boundary of the City of Milton-Freewater and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(30) Union wasteshed is all of the area within Union County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 25 percent.

(31) Wallowa wasteshed is all of the area within Wallowa County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(32) Wasco wasteshed is all of the area in Wasco County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 35 percent.

(33) Wheeler wasteshed is all of the area within Wheeler County and shall achieve a recovery rate for calendar year 2005 and subsequent years of 20 percent.

(34) Yamhill wasteshed is all of the area within Yamhill County and all of the area within the City of Willamina and shall achieve a recovery rate of 39 percent for calendar years 2005 through 2008 and 45 percent for calendar year 2009 and subsequent years.

(35) Clackamas, Multnomah and Washington Counties, in aggregate, as a single wasteshed shall achieve a recovery rate of 62 percent for calendar years 2005 through 2008 and 64 percent for calendar year 2009 and subsequent years.

Stat. Auth.: ORS 459A.025, 459.045 & 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 1-1986, f. & ef. 2-12-86; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0025; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 8-2005, f. & cert. ef. 7-14-05

340-090-0060

Determination of Recovery Rates

(1) Recovery rates required in OAR 340-090-0050 shall be determined by the Department 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 shall 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.

(3) Recovery rates may include a credit for each program listed in OAR 340-090-0045 for a year for which a wasteshed certifies to the Department that the program or programs have been implemented. No credit shall be received for a calendar year prior to 1997. In order for the wasteshed to receive a credit:

(a) All required components of a program must be in place and implemented in the geographic area(s) required by OAR 340-090-0045 during the entire calendar year for which the credit is claimed. If the chosen program component is seasonal, the component must be provided during the appropriate season(s) of the subject calendar year;

(b) On behalf of a wasteshed the county shall submit a report to the Department summarizing how each chosen program was implemented in the wasteshed for the calendar year for which a credit is claimed. The information shall be submitted, on a form provided by the Department, by February 28 of the year subsequent to that calendar year. The report shall include a certification from the county that the chosen program(s) met the requirements in OAR 340-090-0045.

(c) The Metropolitan Service District on behalf of Multnomah, Clackamas, and Washington counties and the cities therein, shall submit a report to the Department summarizing how each chosen program was implemented in the wasteshed for the calendar year for which a credit is claimed. The information shall be submitted to the Department, on a form provided by the Department, by February 28 of the year subsequent to that calendar year. The report shall include a certification from the Metropolitan Service District that the chosen program(s) met the requirements in OAR 340-090-0045;

(4) Recovery rates may include the composting or burning for energy recovery the material collected under sections (1) and (2) of this rule when there is not a viable market for recycling that material, provided that the following conditions are met:

(a) If the material is burned for energy recovery and then included in the recovery rate for Clackamas, Multnomah or Washington Counties in aggregate or for Benton, Lane, Linn, Marion, Polk or Yamhill County wastesheds, the same material, when burned as part of mixed solid waste, may be included in the recovery rate for a wasteshed that burns mixed solid waste for energy recovery. The amount of the material within the mixed solid waste that may be included in the recovery rate for energy recovery shall be determined by a waste composition study performed by the wasteshed at least every four years.

(b) Mixtures of materials that are composted or burned for energy recovery shall not be included in the recovery rate if more than half of the mixed materials by weight could have been recycled if properly source separated; and

(c) A place does not exist within a wasteshed that will pay for the material or accept it for free or a place does not exist outside of the wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material to market; and

(d) The appropriate county or Metropolitan Service District in the report required under OAR 340-090-0100 provides data on the weight, type of material and method of material recovery for material to be counted in the recovery rate under this section and written explanation of the basis for determining that a viable market did not exist for the wasteshed, including markets available within and outside of the wasteshed, transportation distances and costs, and market prices for the material if it were to be recycled as source separated material.

(5) Recovery rates shall not include the following:

(a) Industrial and manufacturing wastes such as boxboard clippings and metal trim that are recycled before becoming part of a product that has entered the wholesale or retail market, or any preconsumer waste;

(b) Metal demolition debris in which arrangements are made to sell or give the material to processors before demolition such that it does not enter the solid waste stream;

(c) Discarded vehicles or parts of vehicles that do not routinely enter the solid waste stream. Discarded vehicle parts that are received at recycling dropoff facilities operated as part of the general solid waste management system are not excluded from the recovery rate calculation;

(d) Commercial, industrial and demolition scrap metal, vehicles, major equipment and home or industrial appliances that are handled or processed for use in manufacturing new products and that do not routinely enter the solid waste stream through land disposal facilities, transfer stations, recycling depots or on-route collection programs;

(e) Material recovered for composting or energy recovery from mixed solid waste, except as provided in subsection (2)(a) and section (4) of this rule ;

(f) Mixed solid waste burned for energy recovery, except as provided by subsection (4)(a) of this rule.

(6) For the purposes of calculating the recovery rate the following shall not be included in the total solid waste disposed:

(a) Sewage sludge or septic tank and cesspool pumpings;

(b) Solid waste disposed of at an industrial solid waste disposal site;

(c) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin for such materials delivered and reports the weight and appropriate wasteshed in the reports required to be submitted to the Department under OAR 340-090-0100(3);

(d) Solid waste received at an ash monofill from an energy recovery facility; and

(e) Any solid waste not generated within the state of Oregon.

Stat. Auth.: ORS 459.045, 459A.100 - 459A.120 & 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); DEQ 10-1994, f. & cert. ef. 5-4-94; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 8-2005, f. & cert. ef. 7-14-05

340-090-0070

Principal Recyclable Material

(1) The following are identified as the principal recyclable materials in the wastesheds as described in sections (4) through (12) of this rule:

(a) Newspaper;

(b) Ferrous scrap metal;

(c) Non-ferrous scrap metal;

(d) Used motor oil;

(e) Corrugated cardboard and kraft paper;

(f) Aluminum;

(g) Container glass;

(h) Hi-grade office paper;

(i) Tin cans;

(j) Yard debris.

(2) In addition to the principal recyclable materials listed in section (1) of this rule, other materials may be recyclable material at specific locations where the opportunity to recycle is required.

(3) The statutory definition of "recyclable material" (ORS 459.005(31)) determines whether a material is a recyclable material at a specific location where the opportunity to recycle is required.

(4) In the following wasteshed, Clackamas, Washington and Multnomah counties in aggregate the principal recyclable materials are those listed in subsections (1)(a) through (j) of this rule.

(5) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (i) of this rule:

(a) Benton wasteshed;

(b) Clatsop wasteshed;

(c) Hood River wasteshed;

(d) Lane wasteshed;

(e) Lincoln wasteshed;

(f) Linn wasteshed;

(g) Marion wasteshed;

(h) Polk wasteshed;

(i) Umatilla wasteshed;

(j) Union wasteshed;

(k) Wasco wasteshed;

(l) Yamhill wasteshed.

(6) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (g) of this rule:

(a) Baker wasteshed;

(b) Crook wasteshed;

(c) Jefferson wasteshed;

(d) Klamath wasteshed;

(e) Tillamook wasteshed.

(7) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (h) of this rule:

(a) Coos wasteshed;

(b) Deschutes wasteshed;

(c) Douglas wasteshed;

(d) Jackson wasteshed;

(e) Josephine wasteshed.

(8) In the following wasteshed, the principal recyclable materials are those listed in subsections (1)(a) through (f) of this rule: Malheur wasteshed.

(9) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (g) and (i) of this rule:

(a) Columbia wasteshed;

(b) Milton-Freewater wasteshed.

(10) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (e) of this rule:

(a) Curry wasteshed;

(b) Grant wasteshed;

(c) Harney wasteshed;

(d) Lake wasteshed.

(11) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(a) through (d) of this rule:

(a) Morrow wasteshed;

(b) Sherman wasteshed;

(c) Wallowa wasteshed.

(12) In the following wastesheds, the principal recyclable materials are those listed in subsections (1)(b) through (d) of this rule:

(a) Gilliam wasteshed;

(b) Wheeler wasteshed.

(13)(a) The opportunity to recycle shall be provided for each of the principal recyclable materials listed in sections (4) through (12) of this rule and for other materials which meet the statutory definition of recyclable material at specific locations where the opportunity to recycle is required;

(b) The opportunity to recycle is not required for any material which a recycling report, as required in OAR 340-090-0100, and approved by the Department demonstrates does not meet the definition of recyclable material for the specific location where the opportunity to recycle is required.

(14) Each city, county or metropolitan service district in a wasteshed where yard debris is a principal recyclable material shall individually, or jointly through intergovernmental agreement, implement a program that at a minimum meets the requirements of OAR 340-090-0030 when the option under OAR 340-090-0040(3)(e) is not chosen or request approval of an alternative method of providing the opportunity to recycle under the requirements of OAR 340-090-0080.

(15) Any affected person may request the Commission modify the list of principal recyclable material identified by the Commission or may request a variance under ORS 459A.055.

(16) The Department will review the principal recyclable material lists as needed, and will submit any proposed changes to the Commission.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.010 & ORS 459A.025
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 1-1986, f. & ef. 2-12-86; DEQ 7-1987, f. & ef. 3-18-87; DEQ 5-1988, f. & cert. ef. 2-2-88; DEQ 27-1988, f. & cert. ef. 9-16-88; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0030

 

340-090-0080

Alternative Methods for Providing the Opportunity to Recycle

The purpose of this rule is to describe 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, 340-090-0040(1) and (2).

(1) The city, county or metropolitan service district responsible for solid waste management may apply for and request approval by the Department of an alternative method for providing the opportunity to recycle. Each request shall be made in writing to the Department on a form provided by the Department. 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) The Department will review applications as they are received. Each proposed alternative method will be approved, approved with conditions, or rejected based on consideration of the criteria described in section (3) of this rule.

(3) Each request for approval of an alternative method for providing the opportunity to recycle must include in writing detailed information and data on the following:

(a) A description of the alternative method being proposed and how it is different than the standard method that would be required to be implemented under the opportunity to recycle requirements;

(b) How the alternative will increase recycling opportunities at least to the recovery rate required under OAR 340-090-0050;

(c) The conditions and factors which make the alternative method necessary;

(d) How the alternative method is convenient to the commercial and residential generators of solid waste using or receiving the service;

(e) How the alternative method is as effective in recovering recyclable materials from solid waste as the requirements in OAR 340-090-0020, 340-090-0030, 340-090-0040, and 340-090-0050 for providing the opportunity to recycle.

(4) Anytime a city, county, metropolitan service district, or disposal site permittee on behalf of an out-of-state person desires to make changes to the approved alternative method, they shall submit an amended application for approval by the Department following the same requirements in sections (3), (5) and (6) of this rule.

(5) In addition to any other standards or conditions, an alternative method for providing the opportunity to recycle yard debris, where yard debris is a principal recyclable material as designated in OAR 340-090-0700, shall meet the following minimum standards:

(a) The alternative method is available to substantially all yard debris generators in the local jurisdiction;

(b) The alternative method can be demonstrated to result in the recycling of yard debris from the solid waste stream;

(c) There is a promotion campaign which is designed to inform all potential users about the availability and use of the method;

(d) The city, county or metropolitan service district shall individually or jointly, through intergovernmental agreement choose from the following yard debris recycling program options as an alternative method:

(A) Provide monthly or more often on-route collection of yard debris during the months of April through October with drop-off depots for noncollection service customers available at least monthly; or

(B) Provide biweekly or more often yard debris collection depot within one mile of yard debris generators, or such that there is at least one conveniently located depot for every 25,000 population; or

(C) Provide monthly or more often yard debris collection, supplemented by a weekly or more often yard debris depot during the months of April through October, both within one mile of the yard debris generators, or such that there is at least one conveniently located depot for every 25,000 population.

(e) If the alternative method is proposed by a metropolitan service district the alternative program request shall include written commitments from the local governments covered by the program to implement the program or a demonstration of the metropolitan service district's authority to implement the program.

(6) In addition to the requirements in section (3) of this rule, when a disposal site permittee is requesting approval of an alternative method for an out-of-state person the following criteria must be met:

(a) For the purposes of satisfying the requirement in subsection (3)(b) of this rule for a local government unit the alternative method must designate a wasteshed having a common solid waste disposal system or an appropriate area within which to carry out a common recycling program and select and provide justification for an appropriate recovery rate based on similar wasteshed characteristics in Oregon including population density, and distance to recycling markets;

(b) For persons other than local government units the request for alternative method approval shall provide information explaining how the alternative method provides the opportunity for the person to reduce the amount of waste that would be disposed and a description of how the alternative method is implemented.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.005, ORS 459A.010, ORS 459A.025 & ORS 459A.055
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 27-1988, f. & cert. ef. 9-16-88; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0035 and 340-060-0125

 

340-090-0090

Collection of Recyclable Materials

(1) No city, county or Metropolitan Service District, or agent thereof, shall be required 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 shall 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 for used oil and wood waste which may be collected and burned for energy recovery.

(3) Commercial and residential recyclable materials which are source separated for collection on-route or on-site but are not correctly prepared according to reasonable specifications as set forth by the city, county or Metropolitan Service District in accordance with section (1) of this rule shall not be required to be collected and may be left with the generator of the source separated material or may be collected and prepared for recycling by the collector, but shall not be disposed by the collector. The generator of the material shall be provided with written information that explains correct material preparation for the purposes of educating the generator.

(4) Unauthorized materials that are deposited by the generator at a recycling depot are exempt from the prohibition in sections (1), (2), and (3) of this rule and shall be managed in the appropriate manner otherwise required by law.

(5) Collected recyclable material later found to be contaminated with hazardous substances are exempt from the prohibition in sections (1), (2), and (3) of this rule and shall be managed in an appropriate manner otherwise required by law.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459A.005 – ORS 459A.085 & ORS 468.020
Stats. Implemented: ORS 459A.080
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 27-1988, f. & cert. ef. 9-16-88; DEQ 1-1989, f. & cert. ef. 1-27-89; DEQ 9-1991, f. & cert. ef. 6-20-91; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0075 and 340-060-0080; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0100

Reporting Requirements

The information in this rule is reported in order to determine statewide and local wasteshed recovery rates, to determine compliance with the opportunity to recycle requirements and to provide accurate and comprehensive information on the type and amounts of residential and commercial solid waste generated, disposed and recovered in Oregon:

(1) General requirements. The information in subsection (2)(b) and sections (3), (4), and (5) of this rule shall be reported on a form provided by the Department and shall be reported to the Department no later than February 28 of each calendar year for the previous calendar year. The information to be reported under section (6) of this rule is optional.

(2) County requirements. On behalf of each wasteshed and the cities within each wasteshed the county shall submit the following information to the Department. The information required below that relates to collection programs within each city jurisdiction shall be reported by the city to the county so that the county can provide the required information in a timely manner to the Department.

(a) The following information shall be reported periodically as required by the Department. This information constitutes the "opportunity to recycle" report. The Department will notify counties by November 1 of a year if an opportunity to recycle report is required for that year. When required, this report shall be submitted on the schedule specified in section (1) of this rule. In any case examples of all materials listed under paragraph (D) below shall be kept on file by the county for future reports or inspection by the Department:

(A) The materials which are accepted for recycling at each disposal site in the wasteshed;

(B) If a recycling depot has been designated in place of a disposal site as a more convenient location for recycling under the opportunity to recycle requirements, the location of that recycling depot and the materials accepted for recycling at that depot;

(C) Description of all education and promotion activities conducted by or on behalf of each applicable city and the county;

(D) For each city of 4,000 or more population in the wasteshed and for each city located within a Metropolitan Service District in the wasteshed, the following information:

(i) A list of materials accepted for recycling in each on-route residential collection program that is offered to all residential collection service customers;

(ii) A list of materials accepted for recycling in multi-family collection programs;

(iii) A list of materials accepted for recycling in on-site commercial collection programs;

(iv) Listing of each program element under OAR 340-090-0040(3) that has been chosen and implemented by each city with 4,000 population or more in the wasteshed, including appropriate documentation of implementation of collection service rates, multi-family collection programs and commercial collection programs if applicable; or, as applicable, a description of the approved alternative method being implemented and the status of implementation.

(E) A summary of activities in an Expanded Education and Promotion Plan, if a city or county has chosen to provide the expanded education and promotion program element through implementation of a Plan pursuant to OAR 340-090-0040(3)(c)(B)(ii). The summary shall include education and promotion activities planned for implementation in the coming two years unless otherwise required by the Department. The summary should also include:

(i) Plan activities actually implemented since the wasteshed last reported to the Department on activities in the Education and Promotion Plan; and

(ii) Any changes in activities implemented from those in the Plan originally submitted to the Department, or from the previous summary submitted to the Department pursuant to paragraph (2)(a)(E) of this rule, with explanations for the changes.

(F) A city or county that has evaluated the effectiveness of one or more program elements is encouraged to include the evaluation(s) in the wasteshed "opportunity to recycle" report.

(b) The following information shall be reported annually, and constitutes the "recovery rate report":

(A) The type and corresponding weight of each material collected for the purpose of recycling during the previous calendar year for the following sources in the wasteshed:

(i) On-route residential collection;

(ii) Multi-family residential collection;

(iii) On-site commercial collection;

(iv) Collection at disposal site recycling depots or designated more convenient locations under the opportunity to recycle requirements;

(v) Collection from alternatively approved methods under OAR 340-090-0080 if applicable.

(B) The information required in paragraph (2)(b)(A) of this rule shall be reported in the following manner:

(i) The weight of material reported shall exclude recovery of wastes as described in OAR 340-090-0060(5);

(ii) The weight of material collected shall be determined either by direct measurement or by determining the weight of material sold or otherwise sent off-site or used on-site for recycling during the calendar year, adjusted by the difference in weight of material held in inventory on the first day and last day of the calendar year;

(iii) Unless the Department and the county have agreed in writing on an alternative reporting method, the weight of material collected shall be reported separately for each collection service provider or other recycler, on forms provided by the Department;

(iv) The type and corresponding weight of material reported shall be broken down by each of the following collection sources:

(I) On-route residential collection;

(II) On-site commercial collection;

(III) Multi-family residential collection;

(IV) Disposal site recycling depots or depots designated as more convenient locations under the opportunity to recycle requirements; and

(V) Material collected by an alternative method for providing the opportunity to recycle requirements.

(v) In cases where a collection service provider is unable to provide exact weight information for the categories identified in subparagraph (2)(b)(B)(iv) of this rule, reasonable estimates allocating the weight of material collected by collection source and by wasteshed may be made.

(C) Information on participation in on-site residential collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(D) Information on participation in on-site commercial collection programs and multi-family collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(E) Total weight of all solid waste generated in the wasteshed disposed of outside of the state of Oregon. The following waste is excluded from this reporting requirement:

(i) Sewage sludge or septic tank and cesspool pumpings;

(ii) Industrial solid waste disposed of at an out-of-state industrial solid waste disposal site;

(iii) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to an out-of-state municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin of such materials delivered;

(iv) Solid waste received at an out-of-state ash monofill from an energy recovery facility.

(F) A copy of any new city or county collection service franchise, or any amendment to franchise, including rates under the franchise, which relates to recycling;

(G) If a county determines that the conditions in OAR 340-090-0060(4) exist and specific materials or mixtures that are composted or burned for energy recovery may be included in the calculation of the recovery rate for the wasteshed, the county shall report the following information:

(i) Weight and type of material composted or burned for energy recovery;

(ii) For mixtures of materials, the percent by weight and description of each type of material composted or burned for energy recovery that, if properly source separated, could have been recycled;

(iii) Where markets exist for such materials in the wasteshed and outside the wasteshed;

(iv) Charge or price paid for each material at each location;

(v) Transportation distances to market at each location and the per-mile transportation cost to market by the most economical means of transportation available.

(3) Solid waste disposal facility requirements. Except as provided in section (4) of this rule, and excluding the material listed in OAR 340-090-0060(5), each solid waste disposal site that receives solid waste for disposal, except transfer stations, shall report to the Department the weight of solid waste disposed of by each wasteshed in Oregon. The disposal site shall report this waste as either "not counting" in determining the recovery rate in OAR 340-090-0050 [wastes specified in OAR 340-090-0060(5)] or as "counting" towards the rate (all other wastes generated in Oregon). This information shall be reported by the disposal site permittee on forms provided by the Department and shall be a condition of the solid waste permit. If a disposal site is unable to determine the exact weight of waste disposed for each wasteshed in which it was generated, a reasonable estimate allocating the weight of waste to the appropriate wastesheds may be made.

(4) The Metropolitan Service District on behalf of Multnomah, Clackamas, and Washington counties and the cities therein, shall report the following information:

(a) Information in subsection (2)(b) of this rule for all counties in aggregate for said district;

(b) Weight of solid waste disposed of through facilities owned or operated by the Metropolitan Service District, or operated under contract to the Metropolitan Service District, excluding the wastes listed in OAR 340-090-0060(5); and

(c) Weight of solid waste sent to out-of-state facilities.

(5) Privately operated recycling and material recovery facility requirements. This section applies to buy-back centers, drop-off centers, manufacturers, distributors, collection service providers who collect or otherwise handle materials other than those required to be reported under subsection (2)(b) of this rule, and other private recycling operations and material recovery facilities who collect, otherwise acquire, use recycled material in manufacturing, or recycle material that is not included in the reporting requirements of subsection (2)(b) and section (6) of this rule. These facilities shall accurately report to the Department the type and corresponding weight of each category of material recycled, processed, recovered or used in a new product containing recycled content in a calendar year as follows:

(a) Weight of each material recovered shall be reported, broken down by wasteshed of origin and by source as provided on the data form supplied by the Department;

(b) Weight of materials reported shall exclude recycling of wastes described in OAR 340-090-0060(5);

(c) Weight of material collected shall be determined either by direct measurement of the material collected, purchased, or generated; or by determining the weight sold or otherwise sent off-site or used on-site for recycling during the year, adjusted by the difference in weight of material in inventory on the first day and last day of the calendar year;

(d) To avoid double counting of materials, entities reporting under this section shall identify weight and sources of material they collected from other recyclers, subsequent recyclers and end users that directly receive their material and the weight of material sold or delivered to each directly subsequent recycler or end user. This applies to all materials collected for recycling, including materials delivered to subsequent recyclers or end users or collected and reported to the county under subsection (2)(b) of this rule;

(e) Private recyclers shall report the final status of each material sold, delivered or utilized. The report shall indicate whether the material was recycled, composted, or burned for energy recovery in order to determine which materials will count toward the recovery rate in OAR 340-090-0050;

(f) Total weight of material recovered by each private recycler shall be reported based on actual measurement. In cases where determining the actual weight of material recovered by wasteshed or by collection source is not possible, reasonable estimates allocating the weight of material collected by wasteshed and collection source may be made.

(6) Scrap metal industry requirements. The Department shall survey the scrap metal industry annually. The scrap metal industry may report the following information to the Department on a form provided by the Department in accordance with the requirements of section (1) of this rule:

(a) Weight of post-consumer residential scrap metal, including appliances processed for use in manufacturing new products that do not routinely enter the solid waste stream;

(b) Source or wasteshed where the material was generated.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.010 & ORS 459A.050
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0110

Minimum Content Reporting Requirements

The following information shall be reported to the Department by February 28 of each year for the previous calendar year by the applicable person on a form provided by the Department:

(1) Each consumer of newsprint in Oregon shall 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) For calendar year 1995 and every year thereafter, if a consumer cannot obtain the required amount of recycled content newsprint for the reasons listed in ORS 459A.505, the report shall 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.

(2) Beginning on February 28, 1995 for calendar year 1994 and every year thereafter, publishers of directories distributed in Oregon shall provide the following information on a form provided by the Department. For purposes of this rule, directories means telephone directories that weigh one pound or more for a local jurisdiction:

(a) Total weight in tons of directories distributed in Oregon;

(b) Percent by weight of recycled content in the total directories distributed in Oregon;

(c) Percent of total weight that consists of post consumer waste;

(d) If the requirements in ORS 459A.520 cannot be met, an explanation is required;

(e) Description of the locations and cooperative programs implemented with local government for the collection and recycling of old directories when new ones are distributed, including the total weight of old directories collected for recycling in each local government jurisdiction.

(3) Each manufacturer of glass food, drink and beverage containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, shall report the following information:

(a) Total tons of new glass food, drink and beverage containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, in a calendar year;

(b) The total tons of post-consumer recycled glass used in manufacturing the containers made in Oregon, or made outside Oregon and sold to packagers located in Oregon, in a calendar year;

(c) Beginning with calendar year 2000, post-consumer recycled glass generated in Oregon and used in "secondary end uses" shall be credited towards the 50 percent minimum percentage requirement. As used in this section, "post-consumer recycled glass" does not include window glass and other glass not related to glass container manufacturing. This "credit" shall be determined annually beginning in 2002 as follows:

(A) The Department shall determine the tonnage of post-consumer recycled glass generated in Oregon and used in "secondary end uses" based on reports received pursuant to OAR 340-090-0100;

(B) The Department shall then determine the percentage of post-consumer glass generated in Oregon that was used for secondary end uses that year. A composition study of solid waste disposed of in Oregon shall be used as the basis for estimating the amount of solid waste which is post-consumer recycled glass;

(C) The 50 percent minimum glass recycled content requirement each glass manufacturer must meet shall be reduced by the number of percentage points determined in (3)(c)(B) of this rule for the subject year.

(d) It shall be the responsibility of a glass manufacturer to identify to the Department all secondary end users of post-consumer recycled glass generated in Oregon of which it is aware. "Secondary end uses" shall include:

(A) Use on road surfaces as "glasphalt;"

(B) Fiberglass;

(C) Abrasives;

(D) Glass foam;

(E) Glass beads for reflective paint;

(F) Construction uses, meeting engineering specifications;

(G) Road-base aggregate, meeting engineering specifications;

(H) Other uses as approved by the Department.

(e) Upon request from a glass container manufacturer, the Department shall not enforce the requirement that a minimum percentage of recycled glass be used in the manufacturing of glass containers if the Department determines that a glass container manufacturer cannot meet the minimum percentage requirements because of a lack of available glass cullet within Oregon wastesheds where container glass is a principal recyclable material, and that meets reasonable specifications established by the manufacturer. However, lack of availability of appropriate cullet to fully comply with the glass recycled content requirement shall not exempt a glass container manufacturer from the requirement to achieve as high a minimum recycled content as possible using available appropriate cullet. A request for non-enforcement from a glass container manufacturer shall include sufficient detail for the Department to be able to reasonably make a determination as to the availability of appropriate cullet, and shall:

(A) Be made to the Department in writing by February 28 of a year to apply to use of cullet in the previous calendar year;

(B) Include a copy of the manufacturer's specifications and an explanation of how the manufacturer determined that sufficient glass cullet meeting the specifications was not available. If a manufacturer's specifications are more restrictive than accepted national specifications, the manufacturer shall demonstrate to the Department why such restrictions are necessary;

(C) Include the tonnage of the shortfall of available cullet.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.515, ORS 459A.520 & ORS 459A550
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0120

Confidential Information

This rule describes and clarifies which information submitted to the department under the requirements of OAR 340-090-0100 is required to be handled as confidential and the procedures for maintaining confidentiality:

(1) 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 shall be maintained as confidential by the Department.

(2) Where a collection service provider voluntarily submits to the Department, pursuant to a survey, information relating specifically to customer lists or specific types and amounts of materials marketed for materials collected on-route, that information shall be maintained as confidential by the Department upon request by the collection service provider.

(3) The Department shall designate a Documents Control Officer for purposes of receiving confidential information and for secure storage and management of such information.

(4) Access to information submitted as confidential under OAR 340-090-0100(5) and (6) shall be limited to employees and representatives of the Department involved in carrying out the requirements of ORS Chapter 459 and 459A.

(5) The Department may use and disclose the information submitted under OAR 340-090-0100(5) and (6) in aggregate form.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93)

 

340-090-0130

Fair Market Value Exemption

(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.

(2) If, as part of the opportunity to recycle, a city or county requires by franchise that residential collection service of recyclable material be provided and identifies a group of two or more materials as the recyclable material for which the residential collection service must be provided, then:

(a) "Fair market value" of any material within the identified group shall include the provisions of collection service for all material in the identified group; and

(b) "Recyclable material" means the group identified by the city or county.

(3) Local government may designate classes of residential dwellings to which specific types or levels of collection service are to be provided.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.075
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0050; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0140

Recyclable Material

The purpose of this rule is to describe the factors that shall be considered in determining if a material meets the definition of recyclable material. In determining what materials are recyclable materials:

(1) The cost of collection and sale of a recyclable material shall be calculated 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. All costs and savings associated with collection of a recyclable material shall be considered in the calculation.

(2) Any measurable savings to the collector resulting from making a material available for recycling as opposed to disposal shall be considered the same as income from sale.

(3) The cost of collection and disposal of material as solid waste shall be calculated by using the total costs of collection and disposal. Costs shall include fees charged, taxes levies or subsidy to collect and to dispose of solid waste. Costs shall also include but are not limited to the costs to comply with applicable statutes, rules permit conditions and insurance requirements.

(4) 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 may be used in determining whether remaining material meets the definition of recyclable material.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0055; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0150

Due Consideration

(1) In determining who shall provide the opportunity to recycle, a city or county shall 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.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.085
Hist.: DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0085

 

340-090-0180

Used Oil Recycling Signs

(1) Retail sellers of more than 500 gallons of lubrication or other oil annually in containers for use off premises shall post and maintain durable and legible signs.

(2) Retail sellers shall print and provide their own signs. The signs shall 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;

(e) Sign size which shall be no smaller than 11 inches in width and 14 inches in height.

(3) The Department suggests that the following appear on the sign "Conserve Energy -- Recycle Used Motor Oil", in at least inch-high letters.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459A.575
Hist.: DEQ 4-1979, f. & ef. 2-2-79; DEQ 7-1987, f. & ef. 3-18-87; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-061-0062

 

340-090-0190

Yard Debris Recycling Charges

(1) The Commission'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 less units is equivalent to service provided single family residences.

(2) The purpose as stated in section (1) of this rule is to apply to those recycling programs required under ORS 459A.005, 459A.010 and 459.250.

(3) As used in this rule, "residential generator" means any generator of recyclable material located in single or multi-family dwellings up to and including four units.

(4) As used in this rule, a "unit of yard debris" is the equivalent of a 32-gallon can, a similar sized bag, or the standard unit of yard debris service provided, whichever is greater.

(5) Residential generators of yard debris participating in a regularly scheduled yard debris collection service where yard debris is a principal recyclable material, may be charged a fee for yard debris recycling service. The cost of collection of at least the equivalent of one unit of yard debris per month must be incorporated into the base fee charged for solid waste and recycling collection and disposal. An additional fee may be charged for yard debris service which exceeds the equivalent of collection of one unit of yard debris per month. Where multi-family complexes are treated as a single customer, the local government providing the yard debris service shall assure that yard debris service is provided at a level equivalent to service provided single-family dwellings. Local governments shall make this determination and any related adjustment in service, no later than their next rate review process. In addition to the base fee charged for solid waste and recycling collection and disposal, which must include the first unit of yard debris, local governments may charge a fee for:

(a) Collection of any volumes of yard debris over and above the first unit which is included in the base fee, where the generator is a solid waste customer;

(b) Collection of any volumes of yard debris where the generator is not a solid waste customer;

(c) Yard debris collected through a depot program or other alternative method including on-call service.

(6) The total additional yard debris recycling fee charged to any generator of yard debris for collection of yard debris shall be less than the fee that would have been charged for collection of that same volume of yard debris as mixed solid waste.

(7) Yard debris recycling fees in addition to the base fee charged for solid waste collection and disposal may be charged for the collection of yard debris on-route or at a depot, where yard debris is not a principal recyclable material.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459A.005 – ORS 459A.085 & ORS 468.020
Stats. Implemented: ORS 459.015, ORS 459.250, ORS 459A.005 & ORS 459A.010
Hist.: DEQ 9-1991, f. & cert. ef. 6-20-91; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0130; DEQ 9-1993, f. & cert. ef. 6-16-93; DEQ 27-1998, f. & cert. ef. 11-13-98

340-090-0310

Rigid Plastic Containers: Purpose

The following administrative rules, OAR 340-090-0320 - 0430, are intended to establish the minimum requirements for the implementation of 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 – ORS 459A.665
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 27-1998, f. & cert. ef. 11-13-98

340-090-0320

Definitions

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 are in compliance 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) "Department" 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, including the following:

(a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and

(b) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and

(c) Articles (other than food) intended to affect the structure or any function of the body of man or other animals; and

(d) Articles intended for use as a component of any article specified in subsections (a), (b), or (c) of this section.

Drugs include nonprescription or over-the-counter drugs regulated pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321).

(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 FormularyUnited States Pharmacopoeia, or any 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

(b) Not dependent upon being metabolized for the achievement of any of its principal intended purposes.

(10) "Medical food" has the meaning given by the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations and includes the following:

(a) A product formulated to be consumed or administered internally under the supervision of a physician; and

(b) A product intended for specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.

For purposes of these rules, medical food is food that is consumed or directly placed in the stomach or intestine through a tube, or other food which is used to manage a disease or medical condition, or food labeled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet". Food for which popular dietary claims are made, such as "low fat" or "low sodium," is not medical food.

(11) "Post-consumer rigid plastic container" means a rigid plastic container that would otherwise be destined for solid waste disposal, having completed its intended end-use and product lifecycle. Rigid plastic containers which held obsolete or unsold products shall be considered post-consumer rigid plastic containers when used as a feedstock for new products other than fuel or energy.

(12) "Product-associated container" means a brand-specific rigid plastic container line, which may have one or more sizes, shapes or designs and which is used in conjunction with a particular, generic product line. A "product-associated container" is the same as a "product-associated package" as defined in ORS 459A.650(3).

(13) "Product manufacturer" means the producer or generator of a packaged product that is offered for sale in Oregon in a rigid plastic container:

(a) For purposes of these rules "product manufacturer" includes all subsidiaries and affiliates;

(b) Identification of the product manufacturer, for purposes of these rules, shall be determined by the following hierarchy:

(A) When the name of the entity that manufactured the product held by the container is stated on the container label, then that entity shall be considered the product manufacturer;

(B) When the container label does not state the entity that manufactured the product held by the container, but the container label does state the distributor of the container, then the distributor shall be considered the product manufacturer;

(C) When the container label does not state either the entity that manufactured the product held by the container or the distributor of the container, but the container label states the importer of the container, then the importer shall be considered the product manufacturer;

(D) When the container does not have a label or the label does not state the entity that manufactured the product held by the container, or the distributor of the container, or the importer of the container, or the container is filled at the point of sale and no other manufacturer distributor or importer is identified on the label, then the store that sells the product held by the container shall be considered the product manufacturer.

(14) "Product manufacturer's Report of Compliance" means the report provided by a product manufacturer to the Department which documents compliance of a rigid plastic container or containers with requirements of OAR 340-090-0350 or exemption from those requirements as set out in OAR 340-090-0330.

(15) "Recycled content" means that portion of a package's weight that is composed of recycled material, as determined by a material balance approach that calculates total recycled material input as a percentage of total material input in the manufacture of the package.

(16) "Recycled in Oregon" means generated in Oregon as plastic from post-consumer rigid plastic containers and collected, processed and eventually manufactured into another product, other than fuel or energy, either in Oregon or outside the state.

(17) "Recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use or product life cycle. Recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(18) "Recycling rate" means the level, stated as a percentage, at which post-consumer rigid plastic containers are recycled in Oregon. The rigid plastic container recycling rate is determined by dividing the weight of plastic from post-consumer rigid plastic containers recycled in Oregon by the combined weight of plastic from both post-consumer rigid plastic containers recycled and those disposed of in Oregon.

(19) "Reduced container" means a rigid plastic container which has a container/product ratio which is at least ten percent less than the container/product ratio for the same product by the same product manufacturer five years earlier, as provided in OAR 340-090-0330(5).

(20) "Replacement product" means a product which is used to refill a rigid plastic container. Replacement product must be the same as or similar to the original product in the container.

(21) "Reused container" means either a refillable or reusable container which is refilled by the product manufacturer or reused by the consumer and is used at least five times with the same or a similar product.

(22) "Rigid plastic bottle" means a container that has a mouth narrower than its base.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.650 & ORS 459A.660
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

 

340-090-0330

Rigid Plastic Containers

(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 shall 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 shall 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.

(2) The following containers are also rigid plastic containers if they meet the criteria set forth in section (1) of this rule:

(a) Plastic boxes, baskets, crates, and flower pots which are sold containing a product;

(b) Plastic trays which have sidewalls designed to contain a product in the tray.

(3) The determination of whether a container meets the definition of rigid plastic container shall be based solely upon the characteristics of the plastic container itself at the time of determination and not upon any material used as packaging for a rigid plastic container or for packaging of individual products within a rigid plastic container.

(4) Lids and caps are not considered to be part of a rigid plastic container except when they meet one of the following criteria:

(a) Are designed to be permanently attached to a rigid plastic container; or

(b) Independently meet the criteria set forth in section (1) of this rule.

(5) The following packaging items shall not be considered part of a rigid plastic container:

(a) Labels;

(b) Those parts of the whole package or of the rigid plastic container for which the principal purpose is to provide a tamper resistant seal. This does not include portions of a rigid plastic container which have a principal purpose other than providing a tamper resistant seal; and

(c) A bag, film, or flexible inner or outer wrap which is used to cover or contain a product or a rigid plastic container.

Stat. Auth.: ORS 459A.025, ORS 459A.650 - ORS 459A.685, ORS 459.995 & ORS 468.020
Stats. Implemented: ORS 459A.650, ORS 459A.655 & ORS 459A.675
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0340

Exempt Rigid Plastic Containers

(1) Rigid plastic containers which 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).

(3) The rigid plastic container and product are shipped out of Oregon before they are sold to the final consumer.

(4) The packaging is necessary to provide a tamper-resistant seal for public health purposes:

(a) For the purposes of OAR 340-090-0310 through 0430, packaging which provides a tamper-resistant seal is one of the following:

(A) A separate device associated with a rigid plastic container which resists tampering with the product in the container or exposes when an attempt to tamper with a product has occurred. Such devices include but are not limited to tape, film, foil, and tamper-resistant caps and lids; or

(B) A portion of a rigid plastic package which is designed to work with a device described in paragraph (A) of this subsection or which independently resists tampering with the product in the container or exposes when an attempt to tamper with a product has occurred.

(b) A complete rigid plastic container shall not be considered "necessary to provide a tamper-resistant seal" and shall not be exempt under the provisions of this rule.

(5) The container is a reduced container:

(a) A container is a reduced container when the container/product ratio has been reduced by at least ten percent when compared with the container used for the same product by the same product manufacturer five years earlier:

(A) For a container which has been changed to a reduced container after January 1, 1990 and before January 1, 1995:

(i) Comparison shall be made to the container/product ratio of the equivalent container sold five years earlier;

(ii) The exemption shall start on January 1, 1995; and shall run until January 1, 2000.

(B) For a container which has been changed to a reduced container on or after January 1, 1995:

(i) Comparison shall be made to the container/product ratio of the equivalent container sold five years earlier;

(ii) The exemption shall start on the date the reduced container was first used by the product manufacturer and shall run for five years.

(b) A reduction in container/product ratio may not be achieved by substituting plastic for a different material for a substantial part of the container;

(A) Different material means a material other than plastic, including but not limited to glass, metal, wood, or paper;

(B) Use of different plastic resins or combinations of plastic resins is not use of a different material.

(c) For the purposes of calculating the container/product ratio, a unit of product is one of the following:

(A) A unit of weight of product;

(B) A unit of volume of product; or

(C) A unit of product use:

(i) To qualify as a "unit of product," a "unit of product use" must be clearly stated on the container or in other product use instructions;

(ii) Some examples of units of product use include the number of "standard applications", "servings", or other generally accepted units of product use.

(d) A reduced container is not exempt from OAR 340-090-0350 through -0370 if the Department finds that changes made in the original container adversely impact the potential for the container to be recycled or to contain recycled content;

(e) A reduced container is not exempt from OAR 340-090-0350 through -0370 if the container/product ratio for the original container was increased after January 1, 1990;

(f) For purposes of receiving an exemption under this section, a concentrated form of a product shall be considered to be the "same product by the same product manufacturer" if it:

(A) Has the same product line name; and

(B) Is intended for the same use.

(6) (a) There has been a substantial investment in achieving the recycling rate. To meet the "substantial investment" exemption, all of the following provisions must be met:

(A) A substantial investment has been made in achieving the recycling rate;

(B) There is a demonstrated viable market for the material from which the container is made;

(C) The 1995 recycling rate for compliance purposes is at least 20%;

(D) The recycling rates for the rigid plastic containers for the previous two years show evidence of increasing; and

(E) Reasonable projections indicate that the rigid plastic containers will meet the 25 percent recycling rate by January 1, 1997.

(b) The exemption provided under the provisions of ORS 459A.660(5)(e) shall be a one-time exemption with an effective date of January 1, 1995 to December 31, 1996;

(c) The Department shall, before January 1, 1995, determine if the conditions for the "substantial investment exemption" for rigid plastic containers, in the aggregate, have been met.

(7) The container contains food:

(a) A container shall be considered to "contain food" if it contains an article used, or intended to be used, for food, ice, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and for human consumption.

(b) A container shall not be considered to "contain food" if it contains a drinkable liquid and is a rigid plastic bottle.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.660
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

340-090-0350

Compliance Standards

(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 shall 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.

(2) Individual rigid plastic containers sold in Oregon after January 1, 1995 but manufactured by a container manufacturer or filled by a product manufacturer prior to January 1, 1995 are not required to meet the compliance standards listed above. A product manufacturer must be able to document that the containers were filled prior to January 1, 1995.

(3) For any calendar year for which the Department determines that the aggregate recycling rate for compliance purposes is at least 25 percent, all product and container manufacturers shall be deemed to be in compliance with OAR 340-090-0340, 340-090-0350, 340-090-0400 and 340-090-0410 without any further action on their part.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.655 & ORS 459A.660
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

340-090-0360

Recycled Content Compliance

(1) A rigid plastic container shall have at least 25% recycled content by January 1, 1995 to comply with OAR 340-090-0350(1)(a).

(2)(a) A container manufacturer shall 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: Formula not included: See ED. NOTE.]

[ED. NOTE: The Formulas referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 459A.025, ORS 459A.650 - ORS 459A.685, ORS 459.995 & ORS 468.020
Stats. Implemented: ORS 459A.655
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94

340-090-0370

Recycling Rate Compliance

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.

(b) The characteristics used to identify a specified type of rigid plastic container shall not exclude or limit it to an individual product-associated container.

(3)(a) It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%;

(b) A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line:

(A) The brand of product in the container (Example: all Brand X products or all Brand Y products);

(B) The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil);

(C) The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars);

(D) The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers);

(E) Other specific characteristics or combination of characteristics which are brand specific.

(4) A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data generated by the Department, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to the Department and are verifiable.

Stat. Auth.: ORS 459A.025, ORS 459A.650 - ORS 459A.685, ORS 459.995 & ORS 468.020
Stats. Implemented: ORS 459A.655, 459A.657 & 459A.665
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94

 

340-090-0380

Recycling Rate Calculation

(1) The recycling rate for rigid plastic containers shall 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.

(2) Recycling rate for compliance purposes;

(a) Aggregate recycling rate for compliance purposes;

(A) The Department may determine a recycling rate for rigid plastic containers, in the aggregate, for compliance purposes by December 31 of any year for which the Department deems it necessary to determine such a rate. The aggregate recycling rate for compliance purposes shall apply to the following calendar year and to any subsequent calendar year until the Department again calculates an aggregate rigid plastic container recycling rate for compliance purposes;

(B) The aggregate recycling rate for compliance purposes shall be based in part on the most recent calendar year recycling rate and in part on other information which reflects or indicates the level of rigid plastic container recycling. When determining the recycling rate for compliance purposes for years prior to the calculation of the calendar year recycling rate, the Department will use the best available recycling rate information in lieu of a calendar year recycling rate.

(b) Specified resin type recycling rate for compliance purposes:

(A) If the aggregate recycling rate in paragraph (2)(a)(A) of this rule is determined to be less than 25 percent, the Department shall determine a specified resin type recycling rate for compliance purposes for rigid plastic containers made from each of the plastic resin types identified in ORS 459A.680. The specified resin type recycling rate for compliance purposes shall apply to the calendar year(s) for which the aggregate recycling rate in paragraph (2)(a)(A) of this rule was determined;

(B) The specified resin type recycling rate for compliance purposes shall be based in part on the most recent calendar year recycling rate and in part on other information which reflects or indicates the level of rigid plastic container recycling. When determining the recycling rate for compliance purposes for years prior to the calculation of the calendar year recycling rate, the Department will use the best available recycling rate information in lieu of a calendar year recycling rate.

(3) Calendar year aggregate recycling rate:

(a) The calendar year aggregate recycling rate for rigid plastic containers shall be calculated by the Department and includes all rigid plastic containers including those exempted by OAR 340-090-0340(2), (4), (5), (6) or (7) from meeting compliance standards;

(b) The calendar year recycling rate for rigid plastic containers in the aggregate shall be determined as a percentage by dividing the aggregate numerator by the aggregate denominator. The numbers in both the numerator and denominator of this calculation shall be collected and/or adjusted to represent the same calendar year;

(c) The elements of the formula to calculate the calendar year aggregate recycling rate for post-consumer rigid plastic containers in Oregon are:

(A) The aggregate numerator, expressed in tons:

(i) The numerator shall be calculated as the total weight of post-consumer rigid plastic containers recycled in Oregon;

(ii) In addition to the Department's census of material recovery rates, the Department may use as the basis for determining the total weight of post-consumer rigid plastic containers recycled in Oregon an annual recycling census of all parties directly involved in brokering, processing, or recycling post-consumer rigid plastic containers from Oregon. Monthly forms may be provided by the Department for record keeping purposes only. Census respondents will be asked to calculate and submit:

(I) The total amount of post-consumer rigid plastic received from Oregon sources which is rigid plastic containers as defined in OAR 340-090-0330;

(II) The percentage of (I) that is lost due to removal of contaminated, non-plastic, and non-recyclable material; and

(III) Any other information the Department may require to accurately determine the recycling tonnages.

(iii) Procedures to conduct the census shall be designed and implemented relating to:

(I) Developing and maintaining a comprehensive list of handlers and reclaimers;

(II) Obtaining data from handlers and reclaimers, including the use of monthly and annual record keeping and reporting forms;

(III) Reconciling variances in reported data;

(IV) Maintaining quality control in data collection and analysis; and

(V) Adjusting data to produce estimates of the amount of plastic from post-consumer rigid plastic containers by controlling for contamination, including moisture, organic matter and other non-plastic materials.

(iv) The Department shall publish a report on the findings of the census, methodologies used and information regarding potential errors.

(B) The aggregate denominator, expressed in tons:

(i) The denominator shall be calculated as the sum of the total weight of post-consumer rigid plastic containers recycled in Oregon (the numerator) plus the total weight of post-consumer rigid plastic containers disposed of in Oregon. The total weight of post-consumer rigid plastic containers disposed of in Oregon shall be calculated by multiplying the estimated percent of municipal solid waste which is post-consumer rigid plastic containers times total tons of municipal solid waste disposed of in Oregon;

(ii) The total tons of municipal solid waste disposed of in Oregon is derived from information collected under the provisions of ORS 459A.010 (4)(g) and 459A.050 (3) and (4);

(iii) A composition study of solid waste disposed of in Oregon shall be used as the basis for estimating the percent of disposed solid waste which is post-consumer rigid plastic containers. Adjustments to a previous composition study may be used as a substitute for a new composition study.

NOTE: Stated as a formula, this is: [Formula not included. See ED. NOTE.]

(d) The calendar year aggregate rigid plastic container recycling rate will be determined by the Department, when the Department determines it to be necessary, on a calendar year basis. When a calendar year aggregate rate is determined, it will be published in a report which includes a discussion of potential errors associated with calculation of the total tons of municipal solid waste disposed of in Oregon, information on the recycling and disposal data collection and analysis methodologies and margin of error for the percent composition of rigid plastic containers.

(4) Specified-type recycling rate. The recycling rate for a specified type of rigid plastic container as calculated by the Department shall be determined as a percentage by dividing the specified type numerator by the specified type denominator. The numbers in both the numerator and denominator of this calculation shall be collected and/or adjusted to represent the same calendar year:

(a) The elements of the formula to calculate the specified type recycling rate for rigid plastic containers in Oregon are:

(A) The specified type of post-consumer rigid plastic container numerator shall be calculated as the total of the specific type of post-consumer rigid plastic containers recycled in Oregon, expressed in tons;

(B) The specified type of post-consumer rigid plastic container denominator, expressed in tons:

(i) The denominator shall be calculated by one of the following methods:

(I) As the sum of the weight of the specified type of post-consumer rigid plastic containers recycled in Oregon plus the total weight of the specified type of rigid plastic containers disposed of in Oregon; or

(II) The total weight of the specified type of post-consumer rigid plastic containers sold in Oregon.

(ii) If the weight of the specified type of post-consumer rigid plastic containers disposed of is used to calculate the denominator, a composition study of solid waste disposed of in Oregon shall be used as the basis for determining the weight disposed of.

NOTE: Stated as a formula, this is: [Formula not included. See ED. NOTE.]

(b) Any person calculating the recycling rate of a specified type of post-consumer rigid plastic container may rely upon disposal or recycling data generated by the Department. Persons using other data to calculate a recycling rate must be able to document that such data were generated by a methodology acceptable to the Department and are verifiable;

(c) Adjustment to data collected by the recycling census and composition study identified in paragraphs (3)(c)(A)(ii) and (3)(c)(B)(ii) and (iii) of this rule respectively shall be made only by use of a methodology acceptable to the Department;

(d) Data collected on a national basis may be used to determine the post-consumer rigid plastic container recycling rate in Oregon if it can be shown how these data are either typical of or can be adjusted to accurately represent conditions in Oregon.

(5) Product-associated recycling rate. The recycling rate for a product-associated rigid plastic container as calculated by the Department shall be determined as a percentage by dividing the product-associated numerator by the product-associated denominator. The numbers in both the numerator and denominator of this calculation shall be collected and/or adjusted to represent the same calendar year. The elements of the formula to calculate the product-associated recycling rate for rigid plastic containers in Oregon are:

(a) The numerator shall be calculated as the total weight of product-associated post-consumer rigid plastic containers recycled in Oregon, expressed in tons;

(b) The product-associated post-consumer rigid plastic container denominator, expressed in tons. The denominator shall be the total weight of the product-associated rigid plastic containers sold in Oregon.

NOTE: Stated as a formula, this is: [Formula not included. See ED. NOTE.]

(6) A product manufacturer or container manufacturer shall rely on the Department's calculation of the aggregate recycling rate for compliance purposes for post-consumer rigid plastic containers to comply with OAR 340-090-0350(1)(b)(A). In cases where the Department calculates the recycling rate for specified types of or product-associated post-consumer rigid plastic containers, a product manufacturer or container manufacturer may rely on the Department's rate calculation when claiming that a container or containers comply with OAR 340-090-0350(1)(b)(B) or (1)(b)(C).

(7) In cases where a manufacturer calculates the recycling rate for specified types of or product-associated post-consumer rigid plastic containers, a product manufacturer may rely upon disposal or recycling data generated by the Department, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data were generated by a methodology acceptable to the Department and are verifiable.

(8) Calculation of a recycling rate shall include only those outputs from processing rigid plastic containers which are recycled into new products. When a processing technology results in a combination of outputs, some of which are recycled into new products and others of which are fuel products, or energy recovery, the recycling rate shall not include any portion of the output which is a fuel product, is used to produce fuel products, or is otherwise used for energy recovery.

[ED. NOTE: The Formulas referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 459A.025
Stats. Implemented: ORS 459A.650 – ORS 459A.657
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-090-0390

Waste Composition

(1) A waste compostion study undertaken by the Department shall consist of a representative, statistically valid sampling of Oregon's municipal solid waste. A protocol of standards and procedures shall be designed which relate to:

(a) Development of a representative sampling plan;

(b) Application of the definition of a rigid plastic container in OAR 340-090-0330 when identifying and categorizing rigid plastic containers in the field;

(c) Maintenance of quality control, including training and auditing;

(d) Performing sampling, including but not limited to sample selection, sorting, weighing; and

(e) Field data adjustments for contamination including moisture, food and other non-plastic materials.

(2) The Department shall report the findings of the waste composition study, the methodologies used and information regarding potential error.

Stat. Auth.: ORS 459A.025, ORS 459A.650 - ORS 459A.685, ORS 459.995 & ORS 468.020
Stats. Implemented: ORS 459A.035
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94

 

340-090-0400

Responsibilities of a Product Manufacturer

(1)(a) A product manufacturer shall be able to document that a rigid plastic container or containers are in compliance 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 the Department 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.

(2) A product manufacturer's documentation that a rigid plastic container or containers are in compliance with the provisions of OAR 340-090-0350 shall include, at a minimum, the following information:

(a) Recycled content. For each container which is in compliance with OAR 340-090-0350(1)(a):

(A) A description of the container, including its resin type, and product; and

(B) A copy of the container manufacturer's Certificate of Compliance from each manufacturer who supplied that container.

(b) Aggregate recycling rate. The aggregate recycling rate for compliance purposes established by the Department shall serve as the only acceptable documentation that a product manufacturer's containers comply with OAR 340-090-0350(1)(b)(A);

(c) Other recycling rates. For containers which are in compliance with the specified type container recycling rate requirement, OAR 340-090-0350(1)(b)(B) or the product-associated container recycling rate requirement, OAR 340-090-0050(1)(b)(C):

(A) A description of the container and product;

(B) Identification of the specified-type or product-associated criteria;

(C) Documentation of the recycling rate for the type of container pursuant to OAR 340-090-0380(4) or (5);

(D) Where the Department or the container manufacturer has calculated a recycling rate for a specified type or product-associated rigid plastic container, the product manufacturer may rely upon that rate to show that the container complies with the recycling rate requirements.

(d) Reuse and refill. For containers which are in compliance with the reuse requirements, OAR 340-090-0350(1)(c):

(A) A description of the container and product; and

(B) Documentation of the number of times the containers are refilled or reused:

(i) The number of times a refillable container is reused is determined by review of the product manufacturer's records which show the following information for a uniform period of time:

(I) The number of returned containers actually refilled;

(II) The number of new containers added to the total number of containers used in the product manufacturer's refillable container program; and

(III) The total number of containers filled as first-use containers.

(ii) The number of times a reusable container is reused is determined by review of the product manufacturer's records which show the following information for a uniform period of time:

(I) The amount of product sold in the original container or the number of original containers sold; and

(II) The amount of replacement product sold or the number of refill units of replacement product sold.

(iii) A container shall be considered to be used at least five times if it is part of a refillable system or reusable container system which has an average refill or reuse rate for that container of at least four.

(3) A product manufacturer's records which document that a rigid plastic container or containers are exempt from the requirements of OAR 340-090-0350 through -0370 shall include the following information:

(a) Drugs, medical devices, medical food, and infant formula. For containers which are exempt under the provisions of OAR 340-090-0340 (2):

(A) A description which clearly identifies the container;

(B) An identification of which of the four product types will be placed in the container;

(C) For drugs:

(i) An FDA letter of approval;

(ii) Documentation of consistency between the over-the-counter drug claims and FDA requirements, (e.g., appropriate references to the FDA Final Monograph or Tentative Final Monograph under which the drug is marketed); or

(iii) Other definitive evidence that the product meets the FDA definition of a drug.

(D) For medical devices:

(i) Documentation that the device is intended to be used for diagnosis, cure, or prevention of disease or other definitive evidence that the product meets the FDA definition of a medical device under the FD&C Act (21 U.S.C. 321 (h) and following).

(E) For medical food:

(i) Documentation that the product meets the definition of medical food as defined in the FD&C Act, 1988, and is intended to be used as a medical food;

(ii) Other definitive evidence that the product meets the FDA definition of medical food; or

(iii) Documentation that the product may be labeled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet."

(F) For infant formula:

(i) Documentation that the product meets the definition of infant formula as set forth in the FD&C Act and is being sold for use as infant formula; or

(ii) Other definitive evidence that the product meets the FDA definition of infant formula.

(b) Shipment out of Oregon. No documentation is required for containers which are exempt under the provisions of OAR 340-090-0340(3);

(c) Reduced containers. For containers which are exempt under the provisions of OAR 340-090-0340(5):

(A) Descriptions, including container resin type, which clearly identify:

(i) The original container before reduction; and

(ii) The reduced container.

(B) An identification of the "unit of product" pursuant to OAR 340-090-0340(5)(c) being used to develop the container/product ratio;

(C) A statement of the container/product ratio and description of how it was calculated for:

(i) The original container before reduction; and

(ii) The reduced container.

(d) Substantial Investment. For containers which are exempt under the provisions of OAR 340-090-0340(6):

(A) Identification of the class of containers and the type of recycling rate for which the exemption is being claimed;

(B) Documentation of the following:

(i) A substantial investment has been made in achieving the recycling rate;

(ii) There is a demonstrated viable market for the material from which the container is made;

(iii) The 1995 recycling rate for compliance purposes is at least 20%;

(iv) The recycling rates for the rigid plastic containers for the previous two years show evidence of increasing; and

(v) Reasonable projections indicate that the rigid plastic containers will meet the 25 percent recycling rate by January 1, 1997.

(C) A product manufacturer may rely upon the Department's determination of compliance with the requirements of this exemption for rigid plastic containers in the aggregate or for rigid plastic containers of specified resin type.

(e) Food containers. For containers which are exempt under the provisions of OAR 340-090-0340(7):

(A) Documentation that the container contains an article used, or intended to be used, for food, ice, confection or condiment, whether simple or compound, or any part or ingredient thereof or in the preparation thereof, and is for human consumption; and

(B) If the container is a rigid plastic bottle, documentation that the container does not contain a drinkable liquid.

(4) Product Manufacturer's Report of Compliance:

(a) Upon the request of the Department, a product manufacturer shall make a Report of Compliance available to the Department;

(b) A product manufacturer's Report of Compliance shall be submitted on forms provided by the Department and shall contain the following specific information:

(A) The product manufacturer's:

(i) Name;

(ii) Address; and

(iii) Name, title, address and phone number of an official company representative.

(B) A description of the container for which compliance or exemption is claimed; and

(C) A description of the product manufacturer's records documenting compliance or exemption.

(c) A product manufacturer shall provide information requested by the Department in accordance with the following procedure and time schedule:

(A) The product manufacturer shall provide a Report of Compliance to the Department within 60 days of the date of receipt of a Department request for the report;

(B) If the Department finds the Report to be incomplete, the Department may request the missing materials from the official company representative. The product manufacturer shall provide missing materials from a Report of Compliance to the Department within 30 days of the date of receipt of a Department request for the missing materials;

(C) After it has reviewed the Report of Compliance, the Department may request that the product manufacturer provide all or part of the documentation described in a Report of Compliance, other records, additional information kept by the product manufacturer which is the basis for those records or any other information deemed necessary to determine compliance with the law. The product manufacturer shall provide the records or other material requested to the Department within 45 days of the date of receipt of a Department request for the records.

(5)(a) A product manufacturer may request an extension of the time period to submit materials requested by the Department. Such a request for extension must be in writing and received by the Department prior to the due date of the original Department request. The request for extension shall:

(A) Provide the product manufacturer's name and address;

(B) Provide the name, title, address, and phone number of an official company representative;

(C) State a specific length for the requested extension, not to exceed 60 days; and

(D) Show good reason for the extension.

(b) Based upon the information provided in the request for extension, the Department may grant the extension, deny the extension or grant an extension for a lesser period of time.

(6) Records which document compliance with the requirements of OAR 340-090-0350 or exemption under the provisions of OAR 340-090-0340 shall be maintained and available for audit by the Department for a period of at least three years after the year for which compliance is documented.

(7) The Report of Compliance for a product manufacturer which can demonstrate that it sell less than 500 rigid plastic containers per day shall consist of the quantity, brand name, product number, if any, and source of purchase of rigid plastic containers. These small product manufacturers are not required to keep other records of container compliance.

(8) Failure of a product manufacturer to provide a Report of Compliance or additional materials requested by the Department and within the schedule set out in this rule shall be considered a violation of these rules.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.65 & ORS 459A.660
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

 

340-090-0410

Responsibilities of a Container Manufacturer

(1)(a) A container manufacturer shall be able to document that a rigid plastic container or containers are in compliance with the requirements of OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B);

(b) For any calendar year for which the Department 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.

(2) A container manufacturer's documentation that a rigid plastic container or containers are in compliance with the provisions of OAR 340-090-0350(1)(a), (1)(b)(A) or (1)(b)(B) shall include, at a minimum, the following information:

(a) Recycled content. For each container which is in compliance with OAR 340-090-0350(1)(a):

(A) A description of the container including its resin type;

(B) Documentation of the recycled content of the type of container including:

(i) The total weight of plastic used to manufacture that type of rigid plastic container during the time period when the container was made; and

(ii) The weight of recycled material used to manufacture that type of rigid plastic container during the same time period, within a one-year period, as determined by the container manufacturer.

(b) Aggregate recycling rate. The aggregate recycling rate for compliance purposes established by the Department shall serve as the only acceptable documentation that a container manufacturer's containers comply with OAR 340-090-0350(1)(b)(A);

(c) Specified-type recycling rate. For containers which are in compliance with the specified-type recycling rate requirement, OAR 340-090-0350(1)(b)(B):

(A) A description of the container;

(B) Identification of the specified type;

(C) Documentation of the recycling rate for the type of container pursuant to OAR 340-090-0380(4); and

(D) Where the Department has calculated a recycling rate for a specified type of container, the container manufacturer may rely upon the Department's rate to show that the container complies with the rate requirements.

(3) Container manufacturer's Certificate of Compliance:

(a) A container manufacturer shall make a Certificate of Compliance available to:

(A) Any product manufacturer who uses containers from that container manufacturer and makes products in those containers available for sale in Oregon; and

(B) The Department, upon request, only if not otherwise available from the product manufacturer.

(b) A container manufacturer's Certificate of Compliance shall contain the following information:

(A) The container manufacturer's:

(i) Name;

(ii) Address; and

(iii) Name, title, address and phone number of an official representative.

(B) Description of the container or containers for which compliance or exemption is claimed; and

(C) A description of the container manufacturer's records documenting compliance.

(c) If after review of the container manufacturer's Certificate of Compliance the Department determines that the information provided in the Certificate is not adequate to document that a container or containers are in compliance with OAR 340-090-0350 through 0370, the Department may:

(A) Request that the product manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information kept by the container manufacturer which is the basis for those records and any other information deemed necessary to determine compliance with the law. Within 15 days of this request, the product manufacturer shall notify the Department whether it will provide the requested information or if the Department shall request it directly from the container manufacturer. If the product manufacturer notifies the Department it will satisfy the request, the records or other material requested shall be provided to the Department within 45 days of the date of the product manufacturer's notification;

[COMMENT: The Department, at its discretion, may audit the container manufacturer directly for purposes of determining compliance with these rules.

(B) If the product manufacturer cannot provide adequate documentation or other information requested by the Department within the time frame in (A) above, then the Department may request such information directly from the container manufacturer.

(d) A container manufacturer shall provide information requested by the Department in accordance with the following procedure and time schedule:

(A) The container manufacturer shall provide a Certificate of Compliance to the Department within 60 days of the date of receipt of a Department request for the Certificate;

(B) If the Department finds the Certificate to be incomplete, the Department may request the missing materials from the official company representative. The container manufacturer shall provide missing materials from a Certificate of Compliance to the Department within 30 days of the date of receipt of a Department request for the Certificate;

(C) After it has reviewed the Certificate of Compliance, the Department may request that the container manufacturer provide all or part of the documentation described in a Certificate of Compliance, other records, or additional information kept by the container manufacturer which is the basis for those records and any other information deemed necessary to determine compliance with the law. The container manufacturer shall provide the records or other material requested to the Department within 45 days of the date of receipt of a request for the records.

(4)(a) A container manufacturer may request an extension of the time period to submit materials requested by the Department. Such a request for extension must be in writing and be received by the Department prior to the due date of the Department's original request. The request for extension shall:

(A) Provide the container manufacturer's name and address;

(B) Provide the name, title, address, and phone number of an official company representative;

(C) State a specific length for the requested extension, not to exceed 60 days; and

(D) Show good reason for the extension.

(b) Based upon the information provided in the request for extension, the Department may grant the extension, deny the extension, or grant an extension for a lesser period of time.

(5) Records which document compliance with the requirements of OAR 340-090-0350 or exemption under the provisions of OAR 340-090-0340 shall be maintained and available for audit by the Department for a period of at least three years after the year for which compliance is documented.

(6) Failure of a container manufacturer to provide the following shall be considered a violation of these rules:

(a) A Certificate of Compliance to a product manufacturer; or

(b) A Certificate of Compliance or additional materials to the Department as requested and within the schedule set out in this rule.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.65 & ORS 459A.660
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

 

340-090-0420

Confidential Information Procedure

(1) Records provided to the Department shall not be disclosed to the public by the Department if:

(a) The records contain trade secrets as defined in ORS 192.501(2) or 646.461(2);

(b) The records, or the applicable portions thereof, are clearly identified as trade secrets; and

(c) The person claiming trade secret status for specific information has provided substantiation as to why the material is a trade secret.

(2)(a) The Department shall notify the person who requests confidentiality if a request is received to disclose those records. The notice shall be delivered at least 15 days before the Department discloses any of the records, shall include a copy of any written request or a summary of any oral request for disclosure, and state how the Department intends to respond to the request;

(b) If a product or container manufacturer wishes to defend their trade secret claim, they must respond with a written justification for the basis of their trade secrets claim. Such justification shall be delivered to the Department within 15 days of the Department's notice of a request to disclose those records.

(3)(a) The Department will notify the product manufacturer of any information requested directly from the container manufacturer;

(b) Upon request from the product manufacturer, the Department will make available to the product manufacturer copies of records received from the container manufacturer concerning that product manufacturer, except as provided in section (2) of this rule, so that the product manufacturer may identify which of the records, if any, contain trade secrets of the product manufacturer;

(c) If the product manufacturer complies with section (1) of this rule with respect to the records of a container manufacturer, the Department shall follow the provisions in section (2) of this rule if it receives any request to disclose those records.

Stat. Auth.: ORS 459A.025, ORS 459A.650 - ORS 459A.685, ORS 459.995 & ORS 468.020
Stats. Implemented: ORS 459A.010
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94

 

340-090-0430

Violations

(1) Violations of these rules shall be punishable as provided in ORS Chapter 459.955(1)(a) and pursuant to OAR 340-012-0042 and -0065.

(2) The Department shall not enforce the provisions of ORS 459A.650 to 459A.660 during the first full calendar year after the Department determines for the first time that the aggregate recycling rate for compliance purposes is less than 25 percent.

(3) The Department shall not enforce the provisions of ORS 459A.650 to 459A.660 until January 1, 1998. After that time the Department shall take enforcement action for violations of ORS 459A.650 to 459A.660 occurring on or after January 1, 1998.

Stat. Auth.: ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459A.660 & Ch. 584 OL 1995,
Hist.: DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 9-1996, f. & cert. ef. 7-10-96

340-090-0510

Mercury Thermostat Labeling

The following administrative rule establishes standards for the labeling of mercury-containing thermostats as required by ORS 459.045(3)(b) 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 device commonly used to sense and, through electrical communication with heating, cooling, or ventilation equipment, control room temperature.

(2) All mercury-containing thermostats sold in Oregon must meet the following labeling requirements:

(a) The mercury-containing thermostat must have a label that contains the following information:

(A) The wording "Contains Mercury. Manage Properly."

(B) An icon containing the symbol of a person dropping an object into a trashcan with a circle and slash overprinted on the image, indicating "Do not dispose in trash".

(b) The label must be affixed to the product so that the label is clearly visible and legible. The font size for print on the label must be no smaller than 10 point.

(c) The label affixed to the product must be printed, mounted, molded, engraved or otherwise affixed, using materials that are sufficiently durable to remain legible for the useful life of the product.

(d) If the product is sold in packaging that obscures the label on the product, then the packaging also must have a label meeting the same standards as the product label. If, prior to the sale, a retailer re-packages the product, then the retailer must label the new packaging in accordance with this rule.

(3) Failure to meet the provisions of this rule may result in enforcement under the provisions of the Unlawful Trade Practices Act, ORS 646.605 to 625.

Stat.Auth: ORS 459.045
Stats.Implemented: ORS 646.608(1)(y)
Hist.: DEQ 7-2002, f. & cert. ef. 6-11-02

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