US Laws, Codes, Statutes & Cases

Chapter 459A — Reuse and Recycling

 

2007 EDITION

 

REUSE AND RECYCLING

 

PUBLIC HEALTH AND SAFETY

 

SOLID WASTE RECOVERY GENERALLY

 

459A.005  Opportunity to recycle defined

 

459A.010  Statewide goals; opportunity to recycle program elements; recovery rates

 

459A.015  Commission duties

 

459A.020  Statewide integrated solid waste management plan; review; revision

 

459A.025  Commission to adopt rules regarding waste disposal and recycling

 

459A.027  Legislative findings

 

459A.029  Department to provide materials to local governments; commercial government recovery rate goal

 

459A.030  Technical assistance to local governments

 

459A.035  Solid waste composition study

 

459A.045  Request for modification or variance

 

459A.050  Recycling reports

 

459A.055  Variance or request for extension to provide opportunity to recycle

 

459A.065  Mandatory participation in recycling

 

459A.070  Limitation on amount charged person who source separates recyclable material

 

459A.075  Exemptions

 

459A.080  Prohibitions against removing or mixing recyclable material

 

459A.085  City, county authority to issue collection service franchises; opportunity to recycle; rates

 

459A.100  Definitions for ORS 459A.100 to 459A.120

 

459A.105  Policy

 

459A.110  Additional fees for programs for reduction of domestic solid waste and environmental risks; assessment; maximum fee

 

459A.115  Surcharge on fee imposed under ORS 459A.110; use of surcharge

 

459A.120  Use of additional fees

 

SPECIFIC RECYCLING REQUIREMENTS

 

(Electronic Devices)

 

459A.300  Legislative findings

 

459A.305  Definitions for ORS 459A.305 to 459A.355

 

459A.310  Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers

 

459A.315  Registration by manufacturer; fees

 

459A.320  Manufacturer program plan; state contractor program

 

459A.325  Recycling fee for manufacturer participating in state contractor program

 

459A.330  Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception

 

459A.335  Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices

 

459A.340  Duties of department

 

459A.345  Rules

 

459A.350  Disposition of fees

 

459A.355  Covered Electronic Devices Account; interest; uses

 

459A.360  Evaluation by department of certain federal laws

 

459A.365  City and county regulation of collection of solid waste

 

(State Agencies)

 

459A.475  Legislative findings; policy

 

459A.480  State agency recycling program; requirements; training

 

459A.485  System and procedures for separation and collection of solid waste; rules; exemption

 

459A.490  Paper conservation

 

(Newsprint and Directories)

 

459A.500  Definitions for ORS 459A.500 to 459A.520

 

459A.505  Minimum recycled content for newsprint

 

459A.510  Report to consumer of amount of post-consumer waste in shipment

 

459A.515  Annual report to department; content

 

459A.520  Minimum recycled content for directories

 

(Glass)

 

459A.550  Report on use of new and recycled glass; minimum percentage of recycled glass required

 

(Used Oil Recycling)

 

459A.552  Recycling and recovery of used oil; goal

 

459A.554  Reduction, reuse and recovery of used oil

 

459A.555  Definitions for ORS 459A.552 to 459A.599

 

459A.560  Legislative findings

 

459A.565  Used oil to be collected and recycled

 

459A.570  Used oil information center; public education

 

459A.575  Oil recycling information to be posted; rules

 

459A.580  Prohibited disposal of used oil

 

459A.585  Enforcement powers of commission

 

459A.590  Use, management, disposal and resource recovery; rules

 

459A.595  Use for dust suppression or as herbicide

 

459A.599  Short title

 

(Compost)

 

459A.600  “Compost” defined

 

459A.605  Rules for purchase of compost and sewage sludge by state

 

459A.615  Programs to use compost and sewage sludge

 

459A.620  Use of compost or sewage sludge by state agencies given priority

 

(Mercury)

 

459A.630  Motor vehicle mercury light switches

 

(Plastics)

 

459A.650  Definitions for ORS 459A.650 to 459A.665

 

459A.655  Minimum reuse, recycled material or recycled content for rigid plastic containers

 

459A.657  Recycling rate; hearings on decreased rate

 

459A.660  Manufacturer records; certification by package manufacturer; exempt containers

 

459A.665  Opportunity to recycle rigid plastic containers

 

459A.675  Definitions for ORS 459A.675 to 459A.685

 

459A.680  Labeling requirements for rigid plastic bottles and containers

 

459A.685  Prohibition on manufacture of rigid plastic bottles or containers without label

 

459A.695  Requirement for retail establishment supplying plastic bags for customer use

 

BEVERAGE CONTAINERS; BOTTLE BILL

 

459A.700  Definitions for ORS 459A.700 to 459A.740

 

Note          Bottle Bill Task Force--2007 c.303 §§8,9

 

459A.705  Refund value required

 

459A.710  Practices required of dealers and distributors

 

459A.712  Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers

 

459A.715  Refusal of dealer or distributor to accept or pay refund in certain cases; notice

 

459A.720  Indication of refund value; exception; prohibition of certain metal containers and plastic container holders

 

459A.725  Certification of containers as reusable by more than one manufacturer; rules

 

459A.730  Decision upon certification applications; review and withdrawal of certifications

 

459A.735  Redemption centers

 

459A.740  Certification and withdrawal procedures

 

EDUCATION

 

459A.750  Recycling and waste reduction component of curriculum; teacher’s guide; informational materials

 

FOOD PACKAGING REGULATION

 

459A.775  “State agency” defined

 

459A.780  Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions

 

459A.785  Effective recycling program; standards for determining

 

SOLID WASTE RECOVERY GENERALLY

 

      459A.005 Opportunity to recycle defined. (1) As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management:

      (a)(A) Provides a place for collecting source separated recyclable material located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

      (B) Provides an alternative method which complies with rules of the Environmental Quality Commission; and

      (b) Complies with the rates and program elements required under ORS 459A.010.

      (2) The “opportunity to recycle” defined in subsection (1) of this section also includes a public education and promotion program that:

      (a) Gives notice to each person of the opportunity to recycle; and

      (b) Encourages source separation of recyclable material. [Formerly 459.165]

 

      459A.010 Statewide goals; opportunity to recycle program elements; recovery rates. (1) It is the goal of the State of Oregon that:

      (a) For the calendar year 2005, the amount of recovery from the general solid waste stream shall be at least 45 percent;

      (b) For the calendar year 2009, the amount of recovery from the general solid waste stream shall be at least 50 percent;

      (c) For the calendar year 2005 and subsequent years, that there be no annual increase in per capita municipal solid waste generation; and

      (d) For the calendar year 2009 and subsequent years, that there be no annual increase in total municipal solid waste generation.

      (2) In addition to the requirements of ORS 459A.005, the “opportunity to recycle” shall include the requirements of subsection (3) of this section using the following program elements:

      (a) Provision of at least one durable recycling container to each residential service customer.

      (b) On-route collection at least once each week of source separated recyclable material to residential customers, provided on the same day that solid waste is collected from each customer.

      (c) An expanded education and promotion program conducted to carry out the policy set forth in ORS 459.015, to inform solid waste generators of the manner and benefits of reducing, reusing, recycling and composting material and to promote use of recycling services. The city, county or metropolitan service district responsible for providing an opportunity to recycle under ORS 459A.005 and this section shall provide the education and promotion program in either of the following two ways:

      (A) Preparing and implementing an education and promotion plan that includes actions to effectively reach solid waste generators and all new and existing collection service customers, as necessary to fulfill the intent of this paragraph. The plan shall be submitted to the Department of Environmental Quality the first year that the plan is in effect. Thereafter, the wasteshed shall submit a summary of activities in the plan to the Department of Environmental Quality at the same time the county submits the periodic report required under ORS 459A.050 (1)(a). The summary shall cover at least the time period until the next periodic report is due to the department.

      (B) Implementing all of the following:

      (i) Provision of recycling notification and education packets to all new residential, commercial and institutional collection service customers that include at a minimum the materials collected, the schedule for collection, the way to prepare materials for collection and the reasons persons should separate their material for recycling. The educational and promotional materials provided to commercial collection customers should be targeted 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. The educational and promotional materials provided to commercial collection customers shall encourage each commercial collection customer to have a goal to achieve 50 percent recovery from its solid waste stream by the year 2009.

      (ii) Provision of recycling information in a variety of formats and materials at least four times a calendar year to collection service customers that includes at a minimum the materials collected and the schedule for collection.

      (iii) Provision at least annually to all residential, commercial and institutional collection service customers, of the information under sub-subparagraph (i) of this subparagraph.

      (iv) Targeting of community and media events to promote recycling.

      (d) Collection of 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, from each multifamily dwelling complex having five or more units. The multifamily collection program shall include promotion and education directed to the residents of the multifamily dwelling units.

      (e) An effective residential yard debris collection and composting program that includes the promotion of home composting of yard debris, and that also includes either:

      (A) Monthly or more frequent on-route collection of yard debris from residences for production of compost or other marketable products; or

      (B) A system of yard debris collection depots conveniently located and open to the public at least once a week.

      (f) A commercial recycling program that includes:

      (A) Weekly, or on a more appropriate regular schedule, onsite collection of source separated principal recyclable materials from, at a minimum, commercial solid waste generators employing 10 or more persons and occupying 1,000 square feet or more in a single location.

      (B) An education and promotion program conducted to inform all commercial generators of solid waste of the manner and benefits of the commercial recycling program that provides effective promotion of the program to the generators.

      (C) In addition to the requirements of subparagraphs (A) and (B) of this paragraph, a commercial recycling program may also consist of other elements including but not limited to waste assessments and recycling recognition programs. A wasteshed is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts.

      (D) Each commercial generator of solid waste shall strive to achieve 50 percent recovery from its solid waste stream by the year 2009.

      (g) Expanded depots for recycling of at least all principal recyclable materials and provisions for promotion and education to maximize the use of the depots. The depots shall have regular and convenient hours and shall be open on the weekend days and, when feasible, shall collect additional recyclable materials.

      (h) Solid waste residential collection rates that encourage waste reduction, reuse and recycling through reduced rates for smaller containers, including at least one rate for a container that is 21 gallons or less in size. Based on the average weight of solid waste disposed per container for containers of different sizes, the rate on a per pound disposed basis shall not decrease with increasing size of containers, nor shall the rates per container service be less with additional containers serviced.

      (i) A collection and composting system for food, paper that is not recyclable because of contamination and other compostable waste from commercial and institutional entities that generate large amounts of such wastes.

      (3)(a) 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:

      (A) The program elements set forth in subsection (2)(a), (b) and (c) of this section;

      (B) A program that includes at least three elements set forth in subsection (2) of this section; or

      (C) An alternative method of achieving recovery rates that complies with rules of the Environmental Quality Commission.

      (b) Each city that is within a metropolitan service district or that has a population of more than 10,000 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:

      (A) Program elements set forth under subsection (2)(a), (b) and (c) of this section and one additional element set forth under subsection (2) of this section;

      (B) A program that includes at least five elements set forth under subsection (2) of this section; or

      (C) An alternative method of achieving recovery rates that complies with rules of the Environmental Quality Commission.

      (4)(a) Recovery rates shall be determined by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the total weight of solid waste disposed that was generated in each wasteshed. It is the policy of the State of Oregon that recovery of material shall be consistent with the priority of solid waste management in ORS 459.015 (2).

      (b) Each wasteshed implementing a waste prevention program shall receive a two percent credit on the wasteshed’s recovery rate. A waste prevention 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:

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

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

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

      (iv) Household hazardous waste prevention education program;

      (v) 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;

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

      (vii) Implement a Resource Efficiency Model City program;

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

      (ix) 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

      (x) 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.

      (c) Each wasteshed implementing a reuse program shall receive a two percent credit on the wasteshed’s recovery rate. A reuse 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:

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

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

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

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

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

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

      (d) Each wasteshed implementing a residential composting program shall receive a two percent credit on the wasteshed’s recovery rate. A residential composting program shall include:

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

      (B) Two of the following:

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

      (ii) A composting program for local schools;

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

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

      (e) 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.

      (f)(A) If there is not a viable market for recycling a material under paragraph (a) of this subsection, the composting or burning of the material for energy recovery may be included in the recovery rate for the wasteshed.

      (B) 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.

      (C) 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.

      (D) In its annual report to the department, the county or metropolitan service district shall state how much composting or energy recovery under this paragraph is included as recovery and state the basis for the determination that there was not a viable market for recycling the material.

      (E) As used in this paragraph, “viable market” means a place within a wasteshed that will pay for the material or accept the material free of charge or a place outside a wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material.

      (g) Recovery rates shall not include:

      (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.

      (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.

      (D) Material recovered for composting or energy recovery from mixed solid waste, except as provided in paragraph (f) of this subsection.

      (h) “Solid waste disposed” shall mean the total weight of solid waste disposed other than the following:

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

      (B) Waste disposed of at an industrial waste disposal site;

      (C) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site or demolition disposal site and if a record is kept of such deliveries and submitted as part of the annual report submitted under ORS 459A.050;

      (D) Waste received at an ash monofill from an energy recovery facility; and

      (E) Solid waste not generated within this state.

      (i) The statewide recovery rate shall include the two percent credit for reuse programs under paragraph (c) of this subsection and the credit for residential composting under paragraphs (d) and (e) of this subsection, beginning with the statewide recovery rate calculated for the calendar year 2001.

      (5)(a) Each local government that franchises or licenses the collection of solid waste and establishes the rates to be charged for collection service shall either:

      (A) Include in those rates all net costs incurred by the franchisee or licensee for providing the “opportunity to recycle” under ORS 459A.005 and for implementing the requirements of subsection (3) of this section; or

      (B) Fund implementation of the “opportunity to recycle” under ORS 459A.005 or the requirements of subsection (3) of this section through an alternative source of funding including but not limited to disposal fees.

      (b) As used in this subsection, “net costs” includes but is not limited to the reasonable costs for collecting, handling, processing, storing, transporting and delivering recyclable material to market and for providing any required education and promotion or data collection services adjusted by a factor to account for proceeds from the sale of recyclable material.

      (6)(a) Clackamas, Multnomah and Washington counties, in aggregate, shall achieve a recovery rate of 62 percent for the calendar year 2005 and 64 percent for the calendar year 2009.

      (b) The wastesheds shall achieve the following recovery rates for the calendar year 2005:

      (A) Baker County, 25 percent;

      (B) Benton County, 45 percent;

      (C) Clatsop County, 25 percent;

      (D) Columbia County, 28 percent;

      (E) Coos County, 30 percent;

      (F) Crook County, 20 percent;

      (G) Curry County, 30 percent;

      (H) Deschutes County, 32 percent;

      (I) Douglas County, 35 percent;

      (J) Gilliam County, 20 percent;

      (K) Grant County, 19 percent;

      (L) Harney County, 30 percent;

      (M) Hood River County, 25 percent;

      (N) Jackson County, 40 percent;

      (O) Jefferson County, 25 percent;

      (P) Josephine County, 38 percent;

      (Q) Klamath County, 15 percent;

      (R) Lake County, 8 percent;

      (S) Lane County, 45 percent;

      (T) Lincoln County, 19 percent;

      (U) Linn County, 40 percent;

      (V) Malheur County, 21 percent;

      (W) Marion County, 37 percent;

      (X) City of Milton-Freewater, 22 percent;

      (Y) Morrow County, 18 percent;

      (Z) Polk County, 30 percent;

      (AA) Sherman County, 20 percent;

      (BB) Tillamook County, 30 percent;

      (CC) Umatilla County, 20 percent;

      (DD) Union County, 25 percent;

      (EE) Wallowa County, 20 percent;

      (FF) Wasco County, 35 percent;

      (GG) Wheeler County, 20 percent; and

      (HH) Yamhill County, 39 percent.

      (c) The wastesheds shall achieve the following recovery rates for the calendar year 2009:

      (A) Baker County, 25 percent;

      (B) Benton County, 50 percent;

      (C) Clatsop County, 25 percent;

      (D) Columbia County, 32 percent;

      (E) Coos County, 30 percent;

      (F) Crook County, 20 percent;

      (G) Curry County, 30 percent;

      (H) Deschutes County, 45 percent;

      (I) Douglas County, 40 percent;

      (J) Gilliam County, 20 percent;

      (K) Grant County, 19 percent;

      (L) Harney County, 40 percent;

      (M) Hood River County, 25 percent;

      (N) Jackson County, 40 percent;

      (O) Jefferson County, 25 percent;

      (P) Josephine County, 38 percent;

      (Q) Klamath County, 20 percent;

      (R) Lake County, 10 percent;

      (S) Lane County, 54 percent;

      (T) Lincoln County, 20 percent;

      (U) Linn County, 40 percent;

      (V) Malheur County, 22 percent;

      (W) Marion County, 54 percent;

      (X) City of Milton-Freewater, 25 percent;

      (Y) Morrow County, 20 percent;

      (Z) Polk County, 35 percent;

      (AA) Sherman County, 20 percent;

      (BB) Tillamook County, 30 percent;

      (CC) Umatilla County, 20 percent;

      (DD) Union County, 25 percent;

      (EE) Wallowa County, 20 percent;

      (FF) Wasco County, 35 percent;

      (GG) Wheeler County, 20 percent; and

      (HH) Yamhill County, 45 percent.

      (d) 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 by December 31, 2001. The plan shall be updated by December 31, 2006, and updated 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.

      (e) 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.

      (7) In calculating the recovery rates set forth in subsection (6) of this section, 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 shall not be counted as material recovery or recycling. The department shall annually conduct an industry survey to determine the contribution of post-consumer residential scrap metal, including home appliances, to recycling and recovery levels in a manner which prevents double counting of material recovered. Information collected under the provisions of this section, as it relates specifically to private sector customer lists or specific amounts and types of materials collected or marketed, shall be maintained as confidential by the department and exempt from disclosure under ORS 192.410 to 192.505. The department may use and disclose such information in aggregated form. [1991 c.385 §2; 1993 c.560 §74; 1995 c.541 §3; 1997 c.552 §9; 2001 c.513 §2]

 

      459A.015 Commission duties. The Environmental Quality Commission shall: