Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 91

WASTE REDUCTION PROGRAM AND

RECYCLING CERTIFICATION

 

 

340-091-0010

Purpose for Waste Reduction Programs and Recycling Certification

(1) The Commission's purpose in adopting rules OAR 340-091-0010 through 340-091-0090 for waste reduction programs pursuant to ORS 459.055 and 468.220 and for certifying that a sufficient opportunity to recycle is provided pursuant to ORS 459.305 is to:

(a) Conserve valuable landfill space by insuring that the persons who generate the garbage going to a disposal site have the opportunity to recycle, and that the amount of recyclable material being disposed of is reduced as much as is practical;

(b) Protect groundwater resources and the environment and preserve public health by reducing the waste going to landfills; and

(c) Conserve energy and natural resources by promoting the reuse and recycling of materials as a preferred alternative to disposal.

(2) The purpose as stated in section (1) of this rule is to apply regardless of the state or jurisdiction in which the waste was generated.

(3) The Department shall not have enforcement authority regarding the requirements of ORS 459A.005 to 459A.085 and 459.250, or rules adopted under these statutory requirements, for out-of-state persons other than the ability to accept or reject waste reduction programs and determine whether or not waste reduction programs are being implemented, thus restricting the disposal of wastes in a landfill when an adequate opportunity to recycle has not been provided to the generators of the wastes, or where an approved waste reduction program is not being implemented in the area where the waste is generated.

(4) It is the intent of the Commission that where a local government requests funding, technical or landfill assistance under ORS 459.047 through 459.057 or 468.220, the local government shall make a good faith effort toward development, implementation and evaluation of waste reduction programs.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459.015, ORS 459.047 – ORS 459.057, ORS 459.250, ORS 459.305, ORS 459A.005 – ORS 459A.085 & ORS 468.220
Hist.: DEQ 1-1989, f. & cert. ef. 1-27-89; DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0090; DEQ 27-1998, f. & cert. ef. 11-13-98

340-091-0020

Applicability for Waste Reduction Programs and Recycling Certification

(1) Waste Reduction Programs: A waste reduction program approved by the Department under OAR 340-091-0080 shall be required before:

(a) Issuance of a disposal site permit under ORS 459.047 through 459.055 and ORS 459.205 through 459.273 for a disposal site expected to accept more than 75,000 tons of waste per year from any person;

(b) Issuance of Pollution Control Bond Fund monies to a local government pursuant to ORS 468.220; or

(c) A disposal site accepts more than 75,000 tons per year of wastes from any person. 75,000 or more tons per year of solid waste originating outside Oregon may be accepted from a single source generator or wasteshed if the disposal site operator provides written notice to the Department before receiving the first shipment of waste pursuant to OAR 340-091-0035, and if, within two years of first receiving the waste, the disposal site operator submits information to the Department making the demonstration required by OAR 340-091-0035(4).

(2) Recycling Certification: Certification under OAR 340-091-0030 shall be required before waste from a person may be accepted for disposal by a disposal site unless the person is exempt under OAR 340-091-0030(6).

(3) Certification of a local government unit constitutes certification for all persons within that local government unit.

(4) For persons other than local governments in a jurisdiction that has not been certified, a recycling certification is required for residential, institutional and commercial waste.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459.305 & ORS 468.020
Stats. Implemented: ORS 459.055, ORS 459.305 & ORS 468.220
Hist.: DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0091; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0030

Standards for Recycling Certification

(1) Opportunity to recycle. For purposes of OAR 340-091-0010 to 0090, the opportunity to recycle means that:

(a) For any person other than a local government unit, the opportunity to recycle is available locally or that the person has a program in place which provides the opportunity to reduce the waste disposed of by the person through waste prevention, reuse and recycling;

(b) For local government units, the requirements of OAR 340-090-0020, 0030, 0040 and 0050 have been met, or the disposal site permittee on behalf of the local government unit has requested and received approval for an alternative method under OAR 340-090-0080;

(c) For waste originating outside Oregon, there is a program for recycling in place which either:

(A) Has achieved a recovery rate equivalent to that achieved in a comparable county in Oregon; or

(B) Is equivalent to the opportunity to recycle as required in subsection (1)(a) or (b) of this rule, except that a local government unit shall not be required to meet the recovery rate in OAR 340-090-0050.

(2) Except as otherwise provided in section (6) of this rule, a disposal site may not accept any solid waste unless the Department has certified that:

(a) The recycling programs offered to or by the person provide an opportunity to recycle; or

(b) If the person is a local government unit, the recycling program meets the requirements of ORS 459A.005 to 459A.085 and 459.250.

(3) A person shall be considered certified if the person has not been decertified under OAR 340-091-0040 and if:

(a) The permittee of the disposal site has submitted or caused to be submitted an initial recycling report containing the information required in OAR 340-091-0050, and the Department has approved or conditionally approved the report; or

(b) The Department has approved or conditionally approved an initial recycling report submitted under OAR 340-090-0100.

(4) The date of certification shall be considered to be the date that the initial recycling report was first approved, or conditionally approved, by the Department.

(5) For each initial recycling report submitted to fulfill the requirements of section (3) of this rule, the Department shall respond by 60 days after receipt of a completed initial recycling report by either certifying that the opportunity to recycle is provided or by indicating what deficiencies exist in providing the opportunity to recycle. If the Department does not respond within this time limit, the local government unit shall not be considered to be certified under OAR 340-091-0030.

(6) A disposal site may accept wastes for disposal without certification required under section (2) of this rule, if:

(a) The person is implementing a waste reduction program under ORS 459.055 and OAR 340-091-0070 that is approved by the Department; or

(b) The disposal site accepts no more than 1,000 tons per year of wastes generated within any single local government unit. This 1,000 ton per year exemption shall apply separately to each incorporated city or town or similar local government unit, and to the unincorporated area of each county or similar local government unit, but not to other smaller geographic units referred to in section (7) of this rule; or

(c) The wastes are generated from a person outside the State of Oregon.

(7) For the purposes of OAR 340-091-0100 to 0110, the term "local government unit" shall include smaller geographic units such as individual franchise or contract areas if a disposal site requests that the Department certify the recycling programs in the smaller geographic unit. The Department will certify the recycling programs in the smaller geographic unit if it determines that the opportunity to recycle is provided to all residents and businesses within the unit, as provided in section (1) of this rule, and that the boundaries of the unit were not drawn for the purpose of excluding potential recycling opportunities or otherwise reducing recycling requirements.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459.305 & ORS 468.020
Stats. Implemented: ORS 459.055, ORS 459.305, ORS 459A.005 - ORS 459A.085 & ORS 468.220
Hist.: DEQ 1-1989, f. & cert. ef. 1-27-89; DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0095; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0035

Notification of Intent to Receive Out-of-State Waste and Compliance "Demonstration"

(1) A disposal site operator shall notify the Department before accepting a single shipment or the first of multiple shipments of solid waste from a source outside Oregon anticipated to exceed the following amounts of solid waste:

(a) Solid waste (other than separate industrial waste) generated within any single local government unit if the site operator anticipates receiving more than 10,000 tons per year of such wastes. For purposes of this rule, petroleum-contaminated soils are considered "industrial waste";

(b) Separate industrial waste from a person other than a local government if the site operator anticipates receiving more than 75,000 tons per year of such waste.

(2) For separate industrial waste received from a person other than a local government when a site operator does not originally anticipate receiving more than 75,000 tons in a calendar year:

(a) The site operator shall notify the Department when the landfill has received 60,000 tons of any separate industrial waste in a calendar year. The notification shall be received by the Department within one week of when the cumulative total of that waste for the year reached 60,000 tons;

(b) If a site operator later adjusts the estimated tonnage to be over 75,000 tons for any calendar year, the site operator shall notify the Department as soon as the permittee receives information that that threshold is likely to be exceeded. The site operator shall in any case notify the Department before the cumulative amount of the separate industrial waste received by the site first exceeds 75,000 tons in any calendar year.

(3) The notification required by sections (1) and (2) of this rule shall:

(a) Be in writing. Facsimile transmittal is acceptable if it is addressed to a person designated by the Department;

(b) Be received by the Department before the first shipment of solid waste from that source is received at the disposal site, except as provided in section (2) of this rule. Receipt of the notification by the Department on the day the waste is first received is acceptable;

(c) Contain the following information:

(A) Name and address of the disposal site;

(B) Name and telephone number of the contact person at the disposal site;

(C) Name and address of, or identifying number and city or county and state of origin of, the generator of the solid waste;

(D) If the generator is not a local government unit, the name of the person responsible for solid waste management in the area from which the solid waste originates;

(E) Type and description of waste;

(F) Anticipated annual tonnage to be received of each type of waste;

(G) Expected date on which the first shipment of waste will be received. For waste subject to subsection (2)(a) of this rule, this date need not be provided. For waste subject to subsection (2)(b) of this rule, the date when waste was first received at the site shall be given;

(H) Any other information required by the Department relative to approval of a waste reduction program.

(4) Within two years of the date when waste subject to the notification requirements in subsection (1)(b) or (2)(b) of this rule is first received at a site, the site operator shall submit information to the Department to demonstrate that a waste reduction program is being implemented pursuant to ORS 459.055(3) and OAR 340-091-0070 for persons from whom more than 75,000 tons of solid waste are anticipated to be received annually.

(5) The site operator shall be responsible for tracking the two-year time period within which information must be submitted to the Department to demonstrate compliance with section (4) of this rule. The "date when waste is first received at the site" shall apply to the first calendar year in which the waste received exceeds the 75,000-ton threshold, and shall be the date in that year when the first shipment of the subject waste is received by the disposal site.

(6) Reporting. A site operator shall report to the Department in the site's quarterly operations report, as follows:

(a) For out-of-state waste received from a person for the first time after September 9, 1995 and subject to the demonstration in section (4) of this rule:

(A) The person and/or urbanized area from which the waste originates, and its tonnage for the reporting period. For separate industrial wastes an identification number and state of origin may be used for identification purposes; and

(B) The date when the waste is first received at the site from each affected person. This requirement shall not apply after the Department has approved the waste reduction program.

(b) If a site receives separate industrial waste or other special waste in amounts which are anticipated to be less that 75,000 tons a year from a person or persons located outside of Oregon: the total tonnage, by state of origin, of such waste received during the reporting period, beginning with the July-September 1996 quarter.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459.055, ORS 459.305, ORS 459A.005 - ORS 459A.085 & ORS 468.220
Hist.: DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0040

Decertification, Recertification, and Variances

(1) Certified persons shall be decertified if the Department finds, through its review of the recycling reports (periodic opportunity to recycle report and annual recovery rate report) submitted under OAR 340-090-0100 or 340-091-0050, or through other information that becomes known to the Department, that the opportunity to recycle is no longer being provided. Certified local governments shall also be decertified if any report required under OAR 340-090-0100 or 340-091-0050 is not submitted. The procedure used for the decertification is as follows:

(a) The Department shall notify the disposal site that receives the waste and the affected persons who participated in preparing the most recent recycling report of the proposed decertification, based on written findings;

(b) An affected person may:

(A) Request a meeting with the Department to review the Department's findings, which meeting may include all or some of the persons who prepared the report; or

(B) Correct the deficiencies that the Department found regarding the opportunity to recycle.

(c) For persons that have previously been certified under OAR 340-091-0030, the Department shall grant a reasonable extension of time of at least 60 days to permit the affected persons to correct any deficiencies in providing the opportunity to recycle. The disposal site permittee may submit, or cause to be submitted, information to the Department during this period to demonstrate that any deficiencies have been corrected and the opportunity to recycle is being provided;

(d) If the Department finds, after a reasonable extension of time, that the opportunity to recycle is still not implemented by or for the person, the Director of the Department shall notify the Commission, and shall send a notice to the disposal site that receives wastes from the person and to the affected persons who participated in the preparation of the most recent recycling report. This notice shall indicate how comments on the Department's findings can be directed to the Commission;

(e) If requested by the disposal site permittee or by another affected person within 30 days after notification under subsection (d) of this section, the Commission shall hold a public hearing;

(f) If, after review of the public record, and based on the Department's findings on review of the recycling report and other information made known to the Department, the Commission determines that all or part of the opportunity to recycle is not being provided, the Commission shall act to decertify the person and shall set an effective date for the decertification, subject to the requirements and right of appeal set forth in ORS 183.310 to 183.550.

(2) If a person has been decertified under section (1) of this rule, the disposal site permittee may apply to the Department for recertification by supplying, or causing to be supplied, information to demonstrate that all deficiencies have been corrected and that the opportunity to recycle is being provided. If the Department determines that the opportunity to recycle is being provided, the Department shall so certify, and shall provide notice of the certification to the affected disposal site permittee.

(3) Upon written application, the Commission may, to accommodate special conditions grant a variance from specific requirements of rules adopted with regards to providing the opportunity to recycle. The procedure for adopting such a variance and the powers of the Commission shall be as set forth in ORS 459A.055.

Stat. Auth.: ORS 459.045, ORS 459.305, ORS 459A.025 & ORS 468.020
Stats. Implemented: ORS 459.305 & ORS 459A.005 - ORS 459A.085
Hist.: DEQ 14-1988(Temp), f. & cert. ef. 7-12-88; 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 340-060-0100; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0050

Initial Reports Required for Recycling Certification

(1) The disposal site permittee shall report, on forms provided by the Department, the quantity of material received from each certified person, located outside of the immediate service area of the disposal site.

(2) Initial Local Government Reports: Before a disposal site can accept waste from a local government unit not previously certified under OAR 340-091-0030, an initial recycling report consisting of the following information for the local government unit must be submitted for the Department's approval on forms provided by the Department:

(a) The materials which are recyclable material at each disposal site and within each city of 4,000 or more population or unincorporated urbanized area;

(b) A listing of recycling program elements, as described in OAR 340-090-0040, that demonstrates that the local government unit is providing the opportunity to recycle;

(c) Proposed and approved alternative methods for providing the opportunity to recycle which are to be used within the local government unit;

(d) Proposed or existing methods for providing a recycling public education and promotion program, including copies of materials that are to be or are being used as part of the program;

(e) For disposal sites and for cities of more than 4,000 people and for unincorporated urbanized areas located within the local government unit, copies of any ordinance, franchise, permit, or other document that insures that the opportunity to recycle will be provided, if requested by the Department;

(f) The geographic boundaries of the urbanized area or proposed boundaries of the urbanized area;

(g) Other information or attachments necessary to describe the proposed program for providing the opportunity to recycle.

(3) In order to maintain certification for local government units, a recovery rate report that includes the information required in OAR 340-090-0100(2)(b) must be submitted each year, and an opportunity to recycle report required in OAR 340-090-0100(2)(a) must be submitted as required by the Department. The recovery rate report shall be due on February 28th of each year following certification, and the opportunity to recycle report shall be due on February 28th following each year for which an opportunity to recycle report is required. If these reports are not submitted, the local government unit shall be subject to decertification as specified in OAR 340-091-0040.

(4) The disposal site permittee shall be responsible for submitting, or causing to be submitted, all of the information required by sections (2) and (3) of this rule.

(5) Initial Reports for Persons other than Local Government Units. Before a disposal site can accept waste from a person other than a local government unit not previously certified under OAR 340-091-0030, an initial recycling report consisting of the following information must be submitted to the Department on forms provided by the Department:

(a) The type of business and the local government unit(s) with jurisdiction over the location of the business;

(b) A description of the mode of transportation to be used to ship waste to the selected disposal site;

(c) A list of waste being disposed of by waste stream component, the estimated tonnage by waste stream component for current calendar year, preceding calendar year and the projected tonnages for the next calendar year. Indication of any activity or change to the business or waste generation activity which will increase or decrease waste disposal weights;

(d) The generation point of waste being disposed of and indication if multiple facilities are consolidating waste prior to shipment for disposal;

(e) A description of the regional and local programs available which provide the opportunity to recycle;

(f) Any existing or planned program opportunities which reduce, reuse, recycle and/or compost material before disposal. Include types and quantities of material that are or will be diverted from landfilling and what percent of the waste generation that represents.

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459.305 & ORS 459A.005 - ORS 459A.085
Hist.: 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 340-060-0105; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0060

Equivalents for Out of State Persons - Recycling Certification

This rule specifies how a site operator shall demonstrate to the Department that the opportunity to recycle is being implemented for waste originating outside Oregon.

(1) For a Local Government Unit: a site operator shall provide the information required in subsection (a) of this section and in either subsection (b) or (d) of this section. The site operator shall provide this information to the Department no later than two years after notification to the Department of initial receipt of waste from the person:

(a) The geographic boundaries of the urbanized area or proposed boundaries of the urbanized area:

(A) Unless the site operator proposes otherwise in an initial recycling report and the Department approves, the urbanized area of the local government unit shall be considered to include all of the area within the incorporated limits of cities or towns of 4,000 or more population within the local government unit, plus all area that is designated as an urbanized area by the Federal Highway Administration if that Federal Highway Administration urbanized area contains an incorporated city, town, or other municipality having 4,000 or more population;

(B) The site operator may propose a different boundary for the urbanized area of the local government unit. The Department shall accept the proposed urbanized area boundary if the Depart-ment finds that this boundary includes all parts of the local government unit that have substantially the same character, with respect to minimum population density and commercial and industrial density, as urbanized areas within the State of Oregon.

(b) For purposes of certification under OAR 340-091-0030, the recycling requirements that apply in Oregon to areas within the urban growth boundaries of cities of 4,000 or more population or within the urban growth boundary of a metropolitan service district shall also apply to urbanized areas outside of Oregon. These requirements are the same as those described in OAR 340-090-0020, 0030 and 0040, or 0050;

(c) For the purposes of certification under OAR 340-090-0030(1)(c), a site operator may on behalf of an out-of-state waste generator apply for an alternative method that involves removing recyclable material from mixed solid waste. Any such application may include one or more local government units, and shall include information on the method to be used for separating recyclable material and the percentage of the waste stream and quantity of material that is to be separated and recycled. The Department shall approve the alternative method if it finds that the alternative method will result in as much material, of as high a value in terms of resource and energy conservation, being separated from mixed waste and recycled as would have been recycled and conserved under the general method for providing the opportunity to recycle set forth in OAR 340-090-0020, 0030 and 0040;

(d) To demonstrate compliance with OAR 340-091-0030(2)(a) for a disposal site accepting waste from local government units outside of the state of Oregon, the site operator shall provide a statement of an equivalent recovery rate, as described in OAR 340-090-0050, and justification for the selection of the appropriate recovery rate for that jurisdiction. The demonstration shall include at a minimum information on population density, distance to recycling markets for each recyclable material, and other waste composition information and demographic information necessary to justify the selected recovery rate.

(2) Persons other than Local Government Unit: A disposal site accepting waste from persons, other than local government units, from outside the state of Oregon shall provide information on the composition and quantity of waste to be disposed of and a description of the opportunities available in the region and locally for recycling. The information shall include an initial recycling report as outlined in OAR 340-091-0050 (5).

Stat. Auth.: ORS 459A.025, ORS 459.045 & ORS 468.020
Stats. Implemented: ORS 459.305 & ORS 459A.010
Hist.: 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 340-060-0110; DEQ 9-1996, f. & cert. ef. 7-10-96

340-091-0070

Standards for Waste Reduction Programs

(1) The information in section (2) of this rule must be submitted before the Department will approve a waste reduction program from any person, whether the waste is generated within or outside Oregon. In addition, the information required by sections (3), (4), (5) or (6), as applicable, must be submitted.

(2) Information required from all persons:

(a) The geographic boundaries of the urbanized area or proposed boundaries of the urbanized areas. For waste originating outside the State of Oregon, the geographic boundaries shall be defined as specified in OAR 340-091-0060(1)(a);

(b) Information on the volume and composition of waste generated in the area, and the volume and composition of waste proposed to be disposed of at an Oregon disposal site;

(c) A list and description of the programs, techniques, requirements, and activities that comprise the waste reduction program;

(d) A timetable indicating the starting date and duration for each activity or portion of the waste reduction program;

(e) Information that demonstrates the commitment by the person to use techniques such as waste prevention, reuse, recycling and resource recovery to reduce the volume of waste that would otherwise be disposed of in a landfill;

(f) A copy of any contract or agreement to dispose of waste in an Oregon landfill;

(g) A list and description of information that is sufficient to demonstrate continued implementation of the waste reduction program; and

(h) Any other documents or information that may be necessary to fully describe the waste reduction program and to demonstrate the legal, technical, and economic feasibility of the program.

(3) Local Government Unit Standards: To be approved by the Department, a waste reduction program for local government units shall also:

(a) Be designed to meet all waste reduction standards and goals adopted by the Commission;

(b) Include an opportunity to recycle that meets or exceeds the requirements of OAR 340-090-0020, 0030, 0040, 0050 and ORS 459.250, as demonstrated by submitting to the Department an initial recycling report containing the information and meeting the criteria set forth in OAR 340-091-0050(1) and (2) for recycling certification;

(c) Address waste reduction for each separate waste stream generated within the local government unit that is to be sent to affected Oregon disposal sites, including but not limited to:

(A) Household waste;

(B) Commercial waste;

(C) Industrial waste;

(D) Yard debris;

(E) Demolition material; and

(F) Hazardous material.

(d) Meet all criteria set forth in ORS 459.055;

(e) Continue for as long as a waste reduction program is required under OAR 340-091-0020; and

(f) Include a copy of each ordinance or similar enforceable legal document that sets forth the elements of the waste reduction program, and that demonstrates the commitment by the local government unit to reduce the volume of waste that would otherwise be disposed of in a landfill through techniques such as waste prevention, recycling, reuse and resource recovery.

(4) For local government units that generate less than 75,000 tons of waste per year that are requesting financial assistance for development or planning for solid waste facilities under ORS 468.220, the local government unit shall consider proven methods of waste reduction for inclusion in a waste reduction program. In reviewing the waste reduction program, the Department shall take into account:

(a) The type and volume of wastes produced;

(b) The density and other appropriate characteristics of the population and commercial activity within the local government unit; and

(c) The distance of the local government unit from recycling markets.

(5) Persons other than Local Government Units: To be approved by the Department, a waste reduction program for any person other than a local government unit shall also:

(a) Fulfill the requirements of OAR 340-091-0050(5);

(b) Describe the existing office recycling program; if none exists, describe the proposed program and startup date;

(c) Describe existing industrial process solid waste reduction program; if none exists, describe the proposed program and startup date;

(d) Describe use of post-consumer materials in manufacturing processes including the tons per year of recovered material consumed;

(e) Describe any composting efforts taking place for waste reduction;

(f) Describe procurement policy with regard to the purchase of products made with recycled content; if none exists, describe the proposed program and startup date; and

(g) Describe techniques used to promote waste reduction and recycling to employees; if none exist, describe the proposed program and startup date.

(6) Waste Originating Outside Oregon: To be approved by the Department, a waste reduction program for waste originating outside Oregon shall also provide information which demonstrates either:

(a) A recovery rate for the urbanized area in which the waste originated equivalent to that achieved in a comparable local government unit in Oregon as described in OAR 340-091-0060(1)(d), and justification for the selection by the site operator of the appropriate recovery rate for that jurisdiction. The demonstration shall include at a minimum information on population density, distance to recycling markets for each recyclable material, and other waste composition information and demographic information necessary to justify the selected recovery rate; or

(b) A recycling program equivalent to the opportunity to recycle and its component program elements as required in section (3) or (5) of this rule, as applicable.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459.305 & ORS 468.020
Stats. Implemented: ORS 459.055, ORS 459.250, ORS 459.305 & ORS 468.220
Hist.: DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0092 & 340-060-0093; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

 

340-091-0080

Submittals, Approval, and Amendments for Waste Reduction Programs

(1) For persons within the State of Oregon, information required for approval of waste reduction programs pursuant to OAR 340-091-0070 shall be submitted by the person before waste from that person may be accepted by the disposal site.

(2) For persons outside the State of Oregon, information required for approval of waste reduction programs pursuant to OAR 340-091-0070 shall be submitted by the disposal site operator accepting waste from the person. The site operator shall submit this information to the Department no later than two years after the date when waste is first received from the person at the site, pursuant to OAR 340-091-0035(4).

(3) Where the waste proposed to be disposed of comes from more than one jurisdiction, information submitted for approval shall cover all affected jurisdictions.

(4) The Department shall review the material submitted in accordance with this rule, and shall approve the waste reduction program within 60 days of completed submittal if sufficient evidence is provided that the criteria set forth in ORS 459.055, as further defined in OAR 340-091-0070, are met.

(5) If the Department does not approve the waste reduction program, the Department shall notify the disposal site operator and, for persons within the State of Oregon, the persons who participated in preparing the submittal material, based on written findings. The procedure for review of this decision or correction of deficiencies shall be the same as the procedure for decertification and recertification set forth in OAR 340-091-0040.

(6) In order to demonstrate continued implementation of the waste reduction program, by February 28 of each year, information required in OAR 340-090-0100 and any solid waste management plan specifications as well as information in OAR 340-091-0070(2) must be submitted for the preceding calendar or fiscal year as specified by the Department.

(7) If a person amends a waste reduction program, any changes in the information previously reported under this rule shall be reported to the Department. The Department shall approve the amended program provided that the criteria set forth in ORS 459.055 as further defined in OAR 340-091-0070 are met.

Stat. Auth.: ORS 459A.025, ORS 459.045, ORS 459.305 & ORS 468.020
Stats. Implemented: ORS 459.055, ORS 459.340, ORS 459.345 & ORS 468.220
Hist.: DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0093; 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

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​