2007 Oregon Code - Chapter 459a :: Chapter 459A - Reuse and Recycling
Chapter 459A
— Reuse and Recycling
2007 EDITION
REUSE AND RECYCLING
PUBLIC HEALTH AND SAFETY
SOLID WASTE RECOVERY GENERALLY
459A.005Â
459A.010Â Statewide
goals; opportunity to recycle program elements; recovery rates
459A.015Â Commission
duties
459A.020Â Statewide
integrated solid waste management plan; review; revision
459A.025Â Commission
to adopt rules regarding waste disposal and recycling
459A.027Â Legislative
findings
459A.029Â Department
to provide materials to local governments; commercial government recovery rate
goal
459A.030Â Technical
assistance to local governments
459A.035Â Solid
waste composition study
459A.045Â Request
for modification or variance
459A.050Â Recycling
reports
459A.055Â Variance
or request for extension to provide opportunity to recycle
459A.065Â Mandatory
participation in recycling
459A.070Â Limitation
on amount charged person who source separates recyclable material
459A.075Â Exemptions
459A.080Â Prohibitions
against removing or mixing recyclable material
459A.085Â City,
county authority to issue collection service franchises; opportunity to
recycle; rates
459A.100Â Definitions
for ORS 459A.100 to 459A.120
459A.105Â Policy
459A.110Â Additional
fees for programs for reduction of domestic solid waste and environmental
risks; assessment; maximum fee
459A.115Â Surcharge
on fee imposed under ORS 459A.110; use of surcharge
459A.120Â Use
of additional fees
SPECIFIC RECYCLING REQUIREMENTS
(Electronic Devices)
459A.300Â Legislative
findings
459A.305Â Definitions
for ORS 459A.305 to 459A.355
459A.310Â Applicability
to manufacturers; applicability to reused or refurbished covered electronic
devices; requirements for sale of covered electronic devices by manufacturers
459A.315Â Registration
by manufacturer; fees
459A.320Â Manufacturer
program plan; state contractor program
459A.325Â Recycling
fee for manufacturer participating in state contractor program
459A.330Â Prohibition
against charging fee for collection, transportation or recycling of covered
electronic devices; exception
459A.335Â Requirements
for sale of covered electronic devices by retailers; retailerÂ’s duty to
consumers regarding information about recycling covered electronic devices
459A.340Â Duties
of department
459A.345Â Rules
459A.350Â Disposition
of fees
459A.355Â Covered
Electronic Devices Account; interest; uses
459A.360Â Evaluation
by department of certain federal laws
459A.365Â City
and county regulation of collection of solid waste
(State Agencies)
459A.475Â Legislative
findings; policy
459A.480Â State
agency recycling program; requirements; training
459A.485Â System
and procedures for separation and collection of solid waste; rules; exemption
459A.490Â Paper
conservation
(Newsprint and Directories)
459A.500Â Definitions
for ORS 459A.500 to 459A.520
459A.505Â Minimum
recycled content for newsprint
459A.510Â Report
to consumer of amount of post-consumer waste in shipment
459A.515Â Annual
report to department; content
459A.520Â Minimum
recycled content for directories
(Glass)
459A.550Â Report
on use of new and recycled glass; minimum percentage of recycled glass required
(Used Oil Recycling)
459A.552Â Recycling
and recovery of used oil; goal
459A.554Â Reduction,
reuse and recovery of used oil
459A.555Â Definitions
for ORS 459A.552 to 459A.599
459A.560Â Legislative
findings
459A.565Â Used
oil to be collected and recycled
459A.570Â Used
oil information center; public education
459A.575Â Oil
recycling information to be posted; rules
459A.580Â Prohibited
disposal of used oil
459A.585Â Enforcement
powers of commission
459A.590Â Use,
management, disposal and resource recovery; rules
459A.595Â Use
for dust suppression or as herbicide
459A.599Â Short
title
(Compost)
459A.600 “Compost”
defined
459A.605Â Rules
for purchase of compost and sewage sludge by state
459A.615Â Programs
to use compost and sewage sludge
459A.620Â Use
of compost or sewage sludge by state agencies given priority
(Mercury)
459A.630Â Motor
vehicle mercury light switches
(Plastics)
459A.650Â Definitions
for ORS 459A.650 to 459A.665
459A.655Â Minimum
reuse, recycled material or recycled content for rigid plastic containers
459A.657Â Recycling
rate; hearings on decreased rate
459A.660Â Manufacturer
records; certification by package manufacturer; exempt containers
459A.665Â
459A.675Â Definitions
for ORS 459A.675 to 459A.685
459A.680Â Labeling
requirements for rigid plastic bottles and containers
459A.685Â Prohibition
on manufacture of rigid plastic bottles or containers without label
459A.695Â Requirement
for retail establishment supplying plastic bags for customer use
BEVERAGE CONTAINERS; BOTTLE BILL
459A.700Â Definitions
for ORS 459A.700 to 459A.740
Note         Bottle
Bill Task Force--2007 c.303 §§8,9
459A.705Â Refund
value required
459A.710Â Practices
required of dealers and distributors
459A.712Â Liability
of manufacturer, distributor and importer for failure to pay refund value of
beverage containers
459A.715Â Refusal
of dealer or distributor to accept or pay refund in certain cases; notice
459A.720Â Indication
of refund value; exception; prohibition of certain metal containers and plastic
container holders
459A.725Â Certification
of containers as reusable by more than one manufacturer; rules
459A.730Â Decision
upon certification applications; review and withdrawal of certifications
459A.735Â Redemption
centers
459A.740Â Certification
and withdrawal procedures
EDUCATION
459A.750Â Recycling
and waste reduction component of curriculum; teacherÂ’s guide; informational
materials
FOOD PACKAGING REGULATION
459A.775 “State
agency” defined
459A.780Â Prohibition
against purchase or use of nonbiodegradable and nonrecyclable food packaging;
exemptions
459A.785Â Effective
recycling program; standards for determining
SOLID WASTE RECOVERY GENERALLY
     459A.005
     (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 cityÂ’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
     (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
     (b) Each wasteshed implementing a waste
prevention program shall receive a two percent credit on the wasteshedÂ’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
     (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 wasteshedÂ’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
wasteshedÂ’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 wasteshedÂ’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)
     (B)
     (C)
     (D)
     (E) Coos County, 30 percent;
     (F)
     (G)
     (H)
     (I) Douglas County, 35 percent;
     (J)
     (K)
     (L)
     (M)
     (N)
     (O)
     (P)
     (Q)
     (R)
     (S)
     (T)
     (U)
     (V)
     (W)
     (X) City of
     (Y)
     (Z)
     (AA)
     (BB)
     (CC)
     (DD)
     (EE)
     (FF)
     (GG)
     (HH)
     (c) The wastesheds shall achieve the
following recovery rates for the calendar year 2009:
     (A)
     (B)
     (C)
     (D)
     (E) Coos County, 30 percent;
     (F)
     (G)
     (H)
     (I) Douglas County, 40 percent;
     (J)
     (K)
     (L)
     (M)
     (N)
     (O)
     (P)
     (Q)
     (R)
     (S)
     (T)
     (U)
     (V)
     (W)
     (X) City of
     (Y)
     (Z)
     (AA)
     (BB)
     (CC)
     (DD)
     (EE)
     (FF)
     (GG)
     (HH)
     (d) Each wasteshed shall prepare an
individualized plan that identifies policies or programs specific to the
wasteshedÂ’s local conditions to achieve the required recovery goals. The plan
shall be available to the department upon the departmentÂ’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
     (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:
     (1) Amend the state solid waste management
plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250,
459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.
     (2) Review Department of Environmental
Quality reports on compliance with and implementation of ORS 459.005, 459.015,
459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665.
     (3) Submit a report to each regular
session of the Legislative Assembly consisting of the report by the department
on the statewide integrated solid waste management plan under ORS 459A.020 (2).
[Formerly 459.168; 1993 c.560 §75; 1997 c.552 §10]
     459A.020
Statewide integrated solid waste management plan; review; revision. (1) The Environmental Quality Commission
shall adopt a statewide integrated solid waste management plan. The plan shall
include, but need not be limited to the following components of solid waste
management:
     (a) Waste prevention;
     (b) Recycling;
     (c) Solid waste collection and processing;
     (d) Composting and energy recovery;
     (e) Incineration;
     (f) Disposal;
     (g) Disposal capacity and facility siting;
and
     (h) Transportation.
     (2) The statewide integrated solid waste
management plan shall be developed in consultation with local government, the
Economic and Community Development Department and other appropriate state and
regional agencies, commissions and task forces. The plan shall address
integrated solid waste management for at least 10 years into the future. The
Department of Environmental Quality shall review the plan every two years and
submit the report to the commission. The report shall include:
     (a) The status of implementation of the
provisions of ORS 459A.005 to 459A.665, including:
     (A) The annual weight of material disposed
of per capita, by wasteshed and statewide;
     (B) The annual recovery rate achieved by
each wasteshed and statewide; and
     (C) The amount of each type of material
recovered annually statewide and, based on available information, the amount of
each type of material recycled annually statewide;
     (b) Compliance with and implementation of
the provisions of ORS 459.015, 459.035, 459.055, 459.992 (1) and (2) and
459.995;
     (c) Status of the metropolitan service
districtÂ’s waste reduction program as submitted to the commission under ORS
459.345 and its compliance with the criteria in ORS 459.350; and
     (d) Recommendations for improvements in
waste prevention, reuse, recycling and composting programs.
     (3) The commission shall revise the plan
at regular intervals in order to allow local government units to take advantage
of the data and analysis in the state plan. [1991 c.385 §18; 1993 c.560 §76;
1997 c.552 §11]
     459A.025
Commission to adopt rules regarding waste disposal and recycling. (1) According to the requirements of ORS
chapter 183, the Environmental Quality Commission shall adopt rules and
guidelines necessary to carry out the provisions of ORS 459.005, 459.015,
459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665,
including but not limited to:
     (a) Acceptable alternative methods for
providing the opportunity to recycle;
     (b) Education, promotion and notice
requirements, which requirements may be different for disposal sites and
collection systems;
     (c) Identification of the wastesheds
within the state;
     (d) Identification of the principal
recyclable material in each wasteshed;
     (e) Guidelines for local government units
and other persons responsible for implementing the provisions of ORS 459.005,
459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to
459A.665;
     (f) Standards for the joint submission of
the recycling reports required under ORS 459A.050 (1); and
     (g) Subject to prior approval of the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fee, the amount of an annual or permit fee or both
under ORS 459.235, 459.245 and 468.065 necessary to carry out the provisions of
ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and
459A.005 to 459A.665.
     (2) In adopting rules or guidelines under
this section, the commission shall consider:
     (a) The policy stated in ORS 459.015.
     (b) Systems and techniques available for
recycling, including but not limited to existing recycling programs.
     (c) Availability of markets for recyclable
material.
     (d) Costs of collecting, storing,
transporting and marketing recyclable material.
     (e) Avoided costs of disposal.
     (f) Density and characteristics of the
population to be served.
     (g) Composition and quantity of solid
waste generated and potential recyclable material found in each wasteshed. [Formerly
459.170; 1993 c.560 §77; 1995 c.79 §275; 1997 c.552 §12]
     459A.027
Legislative findings. The
Legislative Assembly finds and declares that:
     (1) Public and private recycling programs
that collect source separated recyclable materials from residences and from
commercial and institutional establishments on a schedule that is convenient to
the generator, are effective and efficient methods of recovering recyclable
material in the ongoing effort to achieve the solid waste recovery goals of the
State of Oregon; and
     (2) An effective way to support the
efforts of local government units responsible for implementing solid waste
programs directed at achieving solid waste recovery goals is by using existing
state resources to support local recycling programs through grants. [1997 c.552
§7]
     459A.029
Department to provide materials to local governments; commercial government
recovery rate goal. (1) The
Department of Environmental Quality shall work with local government units to
provide educational and promotional materials that local government units may
distribute to commercial generators of solid waste. The educational and
promotional materials should be targeted to businesses, and include reasons to
recycle, including economic benefits, common barriers to recycling and
solutions, additional resources for commercial generators and other information
designed to assist and encourage meeting the stateÂ’s 50 percent recovery rate.
     (2) Each 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.
     (3) Each commercial generator of solid
waste shall strive to achieve 50 percent recovery from its solid waste stream
by the year 2000.
     (4) The Legislative Assembly encourages
local government units that have chosen to implement commercial recycling
programs to evaluate the effectiveness of those programs. The effectiveness of
a program may be determined by measuring solid waste diverted by programs, by
participation in programs or some other method. [1997 c.552 §8]
     459A.030
Technical assistance to local governments. The Department of Environmental Quality shall provide technical
assistance to cities, counties or metropolitan service districts in the
development, revision, amendment and implementation of local solid waste
reduction, reuse and recycling programs and solid waste management programs
that comply with the opportunity to recycle established in ORS 459A.005 and
459A.010. The department shall give special emphasis to assisting rural and
remote counties. [1991 c.385 §52; 1993 c.560 §78]
     459A.035
Solid waste composition study.
The Department of Environmental Quality shall conduct a solid waste composition
study at least once a biennium for all areas of the state not covered by other
solid waste composition studies. The study may include:
     (1) A measurement of the per capita waste
disposal rate; or
     (2) A statewide survey of the amount of
waste reduced through material and energy recovery. [1991 c.385 §5; 1993 c.560 §79]
     459A.040 [1991 c.385 §93; repealed by 1997 c.552 §40]
     459A.045
Request for modification or variance. Any affected person may:
     (1) Request the Environmental Quality
Commission to modify the recyclable material for which the commission
determines the opportunity to recycle must be provided; or
     (2) Request a variance under ORS 459A.055.
[Formerly 459.175]
     459A.050
Recycling reports. (1) On
behalf of each wasteshed and the cities within each wasteshed, each county
shall submit to the Department of Environmental Quality:
     (a) A periodic report, as required by the
department, but not more frequently than annually, that documents how the
wasteshed and the cities within the wasteshed are implementing the opportunity
to recycle, including the requirements of ORS 459A.010. A wasteshed is encouraged
to report the results of the wasteshedÂ’s commercial recycling program
evaluations in the wasteshedÂ’s periodic report to the Department of
Environmental Quality.
     (b) An annual report that states for the
wasteshed the type of material and the weight of each type of material
collected through the following means:
     (A) On-route collection;
     (B) Collection from commercial customers;
and
     (C) Collection at disposal site recycling
depots.
     (c) If solid waste generated in the
wasteshed is disposed of outside of the state, the total weight of the solid
waste disposed of outside the state, which shall be included in the annual
report.
     (2) The metropolitan service district for
     (3) Except as provided in subsection (4)
of this section and subject to the exclusions of ORS 459A.010 (4)(h), each
solid waste disposal site that receives solid waste, except transfer stations,
shall report, for each wasteshed, the weight of in-state solid waste disposed
of at the solid waste disposal site that was generated in each wasteshed.
     (4) The metropolitan service district for
     (a) Metropolitan service district central
transfer station;
     (b) Metropolitan service district south
transfer station;
     (c) Municipal solid waste compost
facility; and
     (d) Any disposal facility or transfer
facility owned, operated or under contract by the metropolitan service
district.
     (5) The cities and counties within each wasteshed
shall share proportionally in the costs incurred for the preparation and
submission of the annual report required under this section.
     (6) At least annually, the department
shall survey privately operated recycling and material recovery facilities,
including but not limited to buy back centers, drop off centers, recycling
depots other than those at permitted land disposal facilities, manufacturers
and distributors. The department shall collect the following information:
     (a) By type of material for each
wasteshed, the weight of in-state material collected from other than on-route
collection programs, both residential and commercial.
     (b) Any other information necessary to
prevent double counting of material recovered or to determine if a material is recyclable.
     (7) Information collected under subsection
(6) of this section, as it relates specifically to the entityÂ’s 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.
     (8) The information in subsections (1)(b)
to (4) and (6) of this section shall be collected and reported annually on a
form provided by the department.
     (9) Unless extended by the Environmental
Quality Commission upon application under ORS 459A.055 after the affected
persons show good cause for an extension, the affected persons within the
wasteshed shall implement the opportunity to recycle and submit the recycling
report to the department. [Formerly 459.180; 1993 c.560 §80; 1997 c.552 §13;
2001 c.513 §4]
     459A.055
Variance or request for extension to provide opportunity to recycle. (1)(a) Upon written application by an
affected person, the Environmental Quality Commission may, to accommodate
special conditions in the wasteshed or a portion thereof, grant a variance from
specific requirements of the rules or guidelines adopted under ORS 459A.025.
     (b) The Environmental Quality Commission
may grant all or part of a variance under this section.
     (c) Upon granting a variance, the
commission may attach any condition the commission considers necessary to carry
out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.
     (d) In granting a variance, the commission
must find that:
     (A) Conditions exist that are beyond the
control of the applicant;
     (B) Special conditions exist that render
compliance unreasonable or impractical; or
     (C) Compliance may result in a reduction
in recycling.
     (2) An affected person may apply to the
commission to extend the time permitted under ORS 459.005, 459.015, 459.035,
459.250, 459A.005 and 459A.050 for providing for all or a part of the
opportunity to recycle or submitting a recycling report to the Department of
Environmental Quality. The commission may:
     (a) Grant an extension upon a showing of
good cause;
     (b) Impose any necessary conditions on the
extension; or
     (c) Deny the application in whole or in
part. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14; 2001 c.513 §5]
     459A.060 [1991 c.385 §4; 1997 c.552 §15; repealed by
2001 c.513 §6]
     459A.065
Mandatory participation in recycling. (1) Upon findings made under subsection (3) of this section, the
Environmental Quality Commission may require one or more classes of solid waste
generators within all or part of a wasteshed to recycle identified recyclable
material that has been source separated from other solid waste or otherwise
make the material available for recycling.
     (2) In determining which materials are
recyclable for purposes of mandatory participation, the cost of recycling from
commercial or industrial sources shall include the generatorÂ’s cost of source
separating or otherwise making the material available for recycling or reuse.
     (3) Before requiring solid waste
generators to participate in recycling under this section, the commission must
find, after a public hearing, that:
     (a) The opportunity to recycle has been
provided for a reasonable period of time and the level of participation by
generators does not fulfill the policy set forth in ORS 459.015;
     (b) The mandatory participation program is
economically feasible within the affected wasteshed or portion of the
wasteshed; and
     (c) The mandatory participation program is
the only practical alternative to carry out the policy set forth in ORS
459.015.
     (4) After a mandatory participation
program is established for a class of generators of solid waste, no person
within the identified class of generators shall put solid waste out to be collected
nor dispose of solid waste at a disposal site unless the person has separated
the identified recyclable material according to the requirements of the
mandatory participation program and made the recyclable material available for
recycling. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]
     459A.070
Limitation on amount charged person who source separates recyclable material. (1) A collection service or disposal site
may charge a person who source separates recyclable material and makes it
available for reuse or recycling less, but not more, for collection and
disposal of solid waste and collection of recyclable material than the
collection service charges a person who does not source separate recyclable
material.
     (2) A collection service or disposal site
may charge a person who does not have solid waste collection service but who
source separates recyclable material and makes the material available for reuse
or recycling, for the cost of providing that service. In no case shall the
charge be greater than the charge to collect or dispose of that material as
solid waste. [Formerly 459.190]
     459A.075
Exemptions. Nothing in ORS
459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665
applies to recyclable material which is:
     (1) Source separated by the generator; and
     (2) Purchased from or exchanged by the
generator for fair market value for recycling or reuse. [Formerly 459.192]
     459A.080
Prohibitions against removing or mixing recyclable material. A person may not:
     (1) Without the permission of the owner or
generator of recyclable material, take recyclable material set out to be
collected by a person authorized by a city or county to provide collection
service for that recyclable material.
     (2) Remove any recyclable material from a
container, box, collection vehicle, depot or other receptacle for the
accumulation or storage of recyclable material without permission of the owner
of the receptacle.
     (3) Mix source separated recyclable
material with solid waste in any vehicle, box, container or receptacle used in
solid waste collection or disposal. [Formerly 459.195]
    Â
     (2) The exercise of the authority granted
by this section is subject to ORS 221.735 and 459.085 (3).
     (3) It is the intent of the Legislative
Assembly that a city or county may displace competition with a system of
regulated collection service by issuing franchises which may be exclusive if
service areas are allocated. The city or county may recognize an existing collection
service. A city or county may award or renew a franchise for collection service
with or without bids or requests for proposals.
     (4) In carrying out the authority granted
by this section, a city or county acts for and on behalf of the State of Oregon
to carry out:
     (a) The purposes of ORS 459.015;
     (b) The requirements of ORS 459.005,
459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to
459A.665;
     (c) Waste reduction programs; and
     (d) The state solid waste management plan.
     (5) After October 15, 1983, a city or a
county may continue, extend or renew an existing franchise or grant a new
franchise for collection service. If a city or county, in furtherance of ORS
459.005 to 459.426, 459.705 to 459.790 and 459A.005 to 459A.665, has granted a
collection service franchise before October 15, 1983, it may treat the
franchise as if adopted under this section.
     (6)(a) If a collection service franchise
is continued, extended, renewed or granted on or after October 15, 1983, the
opportunity to recycle shall be provided to a franchise holderÂ’s customers no
later than July 1, 1986. This subsection does not apply to that portion of the
opportunity to recycle provided at or in connection with a disposal site under
ORS 459.250.
     (b) The opportunity to recycle may be
provided by:
     (A) The person holding the franchise;
     (B) Another person who provides the
opportunity to recycle to the franchise holderÂ’s customers; or
     (C) A person who is granted a separate
franchise from the city or county solely for the purpose of providing the
opportunity to recycle.
     (c) 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.
     (7) In granting a collection service
franchise, the city or county may:
     (a) Prescribe the quality and character of
and rates for collection service and the minimum requirements to guarantee
maintenance of service, determine level of service, select persons to provide
collection service and establish a system to pay for collection service.
     (b) Divide the regulated area into service
areas, grant franchises to persons for collection service within the service
areas and collect fees from persons holding such franchises.
     (8) The rates established under this
section shall be just and reasonable and adequate to provide necessary
collection service. The rates established by the city or county shall allow the
person holding the franchise to recover any additional costs of providing the
opportunity to recycle at the minimum level required by ORS 459.005, 459.015,
459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665 or at a
higher level of recycling required by or permitted by the city or county. The
rates shall also allow the person to recover the costs of education, promotion
and notice of the opportunity to recycle provided by a person holding a
franchise.
     (9) Instead of providing funding for the
opportunity to recycle through rates established pursuant to subsection (8) of
this section, a city or county may provide an alternative method of funding all
or part of the opportunity to recycle.
     (10) In establishing service areas, the
city or county shall consider:
     (a) The policies contained in ORS 459.015;
     (b) The requirements of ORS 459.250 and
459A.005 to 459A.665;
     (c) Any applicable local or regional solid
waste management plan approved by the Department of Environmental Quality;
     (d) Any applicable waste reduction plan
approved by the department; and
     (e) The need to conserve energy, increase
efficiency, provide the opportunity to recycle, reduce truck traffic and
improve safety.
     (11) A city or county may further restrict
competition by permitting one or more collection service franchise holders to
cooperate to provide the opportunity to recycle if the city or county finds
that such cooperation will:
     (a) Improve collection service efficiency;
     (b) Guarantee an adequate volume of
material to improve the feasibility and effectiveness of recycling;
     (c) Increase the stability of recycling
markets; or
     (d) Encourage joint marketing of materials
or joint education and promotion efforts.
     (12) The provisions of this section are in
addition to and not in lieu of any other authority granted to a city or county.
A city or countyÂ’s exercise of authority under this section is not intended to
create any presumption regarding an activity of the local government unit not
addressed in this section. This section shall not be construed to mean that it
is the policy of
     459A.100
Definitions for ORS 459A.100 to 459A.120. As used in ORS 459A.100 to 459A.120:
     (1) “Domestic solid waste” includes but is
not limited to residential, commercial and institutional wastes generated
within this state.
     (2) “Domestic solid waste” does not
include:
     (a) Sewage sludge or septic tank and
cesspool pumpings;
     (b) Building demolition or construction
wastes and land clearing debris, if delivered to a disposal site that is
limited to those purposes;
     (c) Source separated recyclable material,
or material recovered at the disposal site;
     (d) Waste going to an industrial waste
facility;
     (e) Waste received at an ash monofill from
an energy recovery facility; or
     (f) Other material excluded by the
Environmental Quality Commission in order to support the policies of ORS
459.015. [Formerly 459.292; 1993 c.560 §85]
     459A.105
Policy. The Legislative
Assembly finds and declares that:
     (1) Domestic solid waste disposal capacity
is a matter of statewide concern;
     (2) The disposal in Oregon of domestic
solid waste generated both outside and within Oregon will reduce the total
capacity available for disposal of domestic solid waste generated in this
state;
     (3) The disposal in Oregon of domestic
solid waste generated outside Oregon and within Oregon will add to the level of
environmental risk associated with the transportation and disposal of those wastes;
and
     (4) It is in the best interest of the
public health, safety and welfare of the people of Oregon to reduce the amount
of domestic solid waste being generated in Oregon in order to extend the useful
life of existing domestic solid waste disposal sites and to reduce the
environmental risks associated with receiving waste generated outside Oregon at
those sites. [Formerly 459.293]
     459A.110
Additional fees for programs for reduction of domestic solid waste and
environmental risks; assessment; maximum fee. (1) In addition to the permit fees provided in ORS 459.235, the
Environmental Quality Commission shall establish a schedule of fees for all:
     (a) Disposal sites that receive domestic
solid waste except transfer stations; and
     (b) Persons who transport solid waste out
of the State of
     (2) The schedule adopted under subsection
(1) of this section shall be based on the estimated tonnage or the actual
tonnage, if known, received at the site or transported out of state for
disposal and any other similar or related factors the commission finds
appropriate. The fees collected pursuant to the schedule shall be sufficient to
assist in the funding of programs to reduce the amount of domestic solid waste
generated in
     (3) For solid waste delivered to a
disposal site owned or operated by a metropolitan service district, the
schedule of fees, but not the permit fees provided in ORS 459.235, established
by the commission in subsection (1) of this section shall be levied on the
district, not the disposal site.
     (4) The commission also may require
submittal of information related to volumes and sources of solid waste if
necessary to carry out the activities in ORS 459A.120. For solid waste
transported out of the State of
     (5) Before transporting or arranging for
transport of solid waste out of the State of
     (6)(a) A local government that franchises
or licenses a disposal site that receives domestic solid waste shall allow the
disposal site to pass through the amount of the fees established by the
commission in subsection (1) of this section to the users of the site.
     (b) If a disposal site that receives
domestic solid waste passes through all or a portion of the fees established by
the commission in subsection (1) of this section to a solid waste collector who
uses the site, a local government that franchises or licenses the collection of
solid waste shall allow the franchisee or licensee to include the amount of the
fee in the collection service rate.
     (7) The fees generated under subsection
(1) of this section shall be sufficient to accomplish the purposes set forth in
ORS 459A.120 but shall be no more than 50 cents per ton.
     (8) There shall be a fee on solid waste
generated out of state. This fee shall be an amount equal to the sum of the
fees established under subsection (1) of this section and ORS 459A.115 and
shall be collected in the same manner as fees established under subsection (1)
of this section and ORS 459A.115.
     (9) As used in this section, “person” does
not include an individual who transports the individualÂ’s own residential solid
waste to a disposal site located out of the state. [Formerly 459.294; 1993
c.528 §2; 1993 c.560 §86]
     459A.115
Surcharge on fee imposed under ORS 459A.110; use of surcharge. (1) From January 1, 1992, to December 31,
1993, the schedule of fees as established by the Environmental Quality
Commission under ORS 459A.110 (1) is increased by 35 cents per ton. The portion
of the fees attributable to the 35 cents per ton increase shall be deposited
into the General Fund and credited to an account of the Department of
Environmental Quality. Such moneys are continuously appropriated to the
department to implement the provisions of this section and ORS 459.005,
459.015, 459.235, 459.247, 459.418, 459.995, 459A.005, 459A.010, 459A.020,
459A.030 to 459A.055, 459A.070, 459A.110, 459A.500 to 459A.685, 459A.695 and
459A.750.
     (2) Beginning January 1, 1994, the
schedule of fees as established by the commission under ORS 459A.110 is
increased by 31 cents per ton and shall be deposited into the General Fund and
credited to an account of the department. Such moneys are continuously
appropriated to the department to implement the provisions described in
subsection (1) of this section, excluding ORS 459.418. [1991 c.385 §13a; 1993
c.560 §88]
     Note: 459A.115 was added to and made a part of
459A.005 to 459A.665 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     459A.120
Use of additional fees. (1)
Except as provided in ORS 459A.115, the fees established by the Environmental
Quality Commission under ORS 459A.110 shall be deposited in the General Fund
and credited to an account of the Department of Environmental Quality. Such
moneys are continuously appropriated to the department to carry out the
purposes set forth in subsection (2) of this section.
     (2) The fees collected under ORS 459A.110
shall be used only for the following purposes:
     (a) Implementation of the provisions of
ORS 459.411 to 459.417.
     (b) Department of Environmental Quality
programs to promote and enhance waste reduction and recycling statewide,
including data collection, performance measurement, education and promotion,
market development and demonstration projects.
     (c) Department of Environmental Quality
activities for ground water monitoring and enforcement of ground water
protection standards at disposal sites that receive domestic solid waste.
     (d) Solid waste planning activities by
counties and the metropolitan service district, as approved by the department,
including planning for special waste disposal, planning for closure of solid
waste disposal sites, capacity planning for domestic solid waste and regional
solid waste planning.
     (e) Grants to local government units for
recycling and solid waste planning activities.
     (f) Payment of administrative costs
incurred by the department in accomplishing the purposes set forth in this
section. The amount allocated under this paragraph shall not exceed 10 percent
of the fees generated under ORS 459A.110. [Formerly 459.295; 1993 c.560 §89;
1999 c.59 §130]
SPECIFIC
RECYCLING REQUIREMENTS
(Electronic
Devices)
     459A.300
Legislative findings. The
Legislative Assembly finds that:
     (1) It is necessary to encourage the
design of electronic devices that are more resource-efficient, more recyclable
and less environmentally toxic;
     (2) The development and availability of a
statewide system that conveniently serves both urban and rural areas of
     (3) A statewide collection, transportation
and recycling system should be financed by the manufacturers of those
electronic devices. [2007 c.302 §1]
     Note: 459A.300 to 459A.365 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
459A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     459A.305
Definitions for ORS 459A.305 to 459A.355. As used in ORS 459A.305 to 459A.355:
     (1) “Brand” means a name, symbols, words
or marks that identify a covered electronic device, rather than any of its
components, and attribute the device to the owner of the brand as the
manufacturer.
     (2) “Collector” means an entity that
collects covered electronic devices as part of a manufacturer program or the
state contractor program.
     (3)(a) “Covered electronic device” means:
     (A) A computer monitor of any type having
a viewable area greater than four inches measured diagonally;
     (B) A desktop computer or portable
computer; or
     (C) A television of any type having a
viewable area greater than four inches measured diagonally.
     (b) “Covered electronic device” does not
include:
     (A) Any part of a motor vehicle;
     (B) Any part of a larger piece of
equipment designed and intended for use in an industrial, commercial or medical
setting, such as diagnostic, monitoring or control equipment;
     (C) Telephones or personal digital
assistants of any type unless the telephone or personal digital assistant
contains a viewable area greater than four inches measured diagonally; or
     (D) Any part of a clothes washer, clothes
dryer, refrigerator, freezer, microwave oven, conventional oven or range,
dishwasher, room air conditioner, dehumidifier or air purifier.
     (4) “Covered entity” means any Oregon household,
a business that employs 10 or fewer individuals, a not-for-profit organization
exempt from taxation under section 501(c)(3) of the Internal Revenue Code that
employs 10 or fewer individuals, or any person giving seven or fewer covered
electronic devices to a collector at any one time.
     (5) “Environmentally sound management
practices” means practices that comply with all applicable laws, including but
not limited to adequate record keeping, tracking the fate of recycled
materials, performance audits and inspections, provisions for reuse and
refurbishment, compliance with worker health and safety requirements,
maintaining liability insurance and financial assurances and practices that may
be adopted by rule by the Environmental Quality Commission.
     (6)(a) “Manufacturer” means any person,
irrespective of the selling technique used, including by means of remote sale:
     (A) That manufactures covered electronic
devices under a brand that it owns or is licensed to use;
     (B) That sells covered electronic devices
manufactured by others under a brand that the seller owns;
     (C) That manufactures covered electronic
devices without affixing a brand;
     (D) That manufactures covered electronic
devices to which it affixes a brand that it does not own; or
     (E) On whose account covered electronic
devices manufactured outside the
     (b) “Manufacturer” does not include a
person with a license to manufacture covered electronic devices for delivery
exclusively to or at the order of the licenser.
     (7) “Manufacturer program” means a
statewide plan for collecting, transporting and recycling covered electronic
devices that is provided by a single manufacturer or group of manufacturers
pursuant to ORS 459A.320.
     (8) “Orphan device” means a covered
electronic device for which no manufacturer can be identified.
     (9) “Person” means the
     (10) “Portable computer” means any of the
following that has a viewable area greater than four inches measured diagonally
and that can be carried as one unit by an individual:
     (a) A laptop computer;
     (b) A notebook computer; or
     (c) A notepad computer.
     (11) “Premium service” means services such
as at-location system upgrade services and at-home pickup services, including
curbside pickup service.
     (12)(a) “Recycling” means:
     (A) Processing through disassembling,
dismantling, shredding, transforming or remanufacturing covered electronic
devices, components and by-products into usable or marketable raw materials or
products in a manner such that the original products may lose their identity;
or
     (B) Smelting materials from components
removed from covered electronic devices to recover metals for reuse in
conformance with applicable laws and rules.
     (b) “Recycling” does not include:
     (A) Landfill disposal or incineration of
covered electronic devices; or
     (B) Energy recovery or energy generation
by means of combusting covered electronic devices, components and by-products
with or without other waste.
     (13) “Retailer” means a person that offers
new covered electronic devices for sale at retail through any means, including
but not limited to remote offerings such as sales outlets, catalogs or the
Internet.
     (14) “Return share” means the minimum
percentage of covered electronic devices that an individual manufacturer is
responsible for collecting, transporting and recycling.
     (15) “Return share by weight” means the
minimum total weight of covered electronic devices that an individual
manufacturer is responsible for collecting, transporting and recycling.
     (16)(a) “Sell” or “sale” means any
transfer of title for consideration, including but not limited to remote sales
conducted through sales outlets, catalogs or the Internet, or any other similar
electronic means.
     (b) “Sell” or “sale” does not include
leases.
     (17) “State contractor program” means a
statewide program for collecting, transporting and recycling covered electronic
devices that is provided by the Department of Environmental Quality for
manufacturers who pay a recycling fee to the department pursuant to 459A.325. [2007
c.302 §2]
     Note: See note under 459A.300.
     459A.310
Applicability to manufacturers; applicability to reused or refurbished covered
electronic devices; requirements for sale of covered electronic devices by
manufacturers. (1) ORS
459A.305 to 459A.355 apply to all manufacturers engaging in the activities set
forth in ORS 459A.305 (6) before, on or after June 7, 2007.
     (2) ORS 459A.305 to 459A.355 do not apply
to reused or refurbished covered electronic devices.
     (3) A manufacturer may not sell or offer
for sale any covered electronic device in or for delivery in this state unless:
     (a) The covered electronic device is
labeled with a brand and the label is permanently affixed and readily visible;
and
     (b) The brand is included in the plan that
is filed with the Department of Environmental Quality pursuant to ORS 459A.320.
[2007 c.302 §3]
     Note: See note under 459A.300.
     459A.315
Registration by manufacturer; fees. (1) Before January 1 of each year, a manufacturer of covered
electronic devices sold or offered for sale in this state shall register with
the Department of Environmental Quality, for a period to cover the upcoming
calendar year, on a form provided by the department. The registration shall
include:
     (a) A list of all the brands manufactured,
sold or imported by the manufacturer, including those brands being offered for
sale in this state by the manufacturer.
     (b) A statement of whether the
manufacturer will be implementing a manufacturer program or utilizing the state
contractor program for recycling covered electronic devices.
     (c) Any other information required by the
department to implement ORS 459A.305 to 459A.355.
     (2)(a) Not later than July 1 of each year,
a manufacturer of covered electronic devices sold or offered for sale in this
state shall pay an annual registration fee to the department.
     (b) For calendar years 2008 through 2011,
the manufacturer registration fee shall be:
     (A) $15,000 for manufacturers selling more
than one percent of the total number of units of covered electronic devices
sold in this state the previous calendar year.
     (B) $5,000 for manufacturers selling at
least 0.1 percent but not more than one percent of the total number of units of
covered electronic devices sold in this state the previous calendar year.
     (C) $200 for manufacturers selling at
least 0.01 percent but less than 0.1 percent of the total number of units of
covered electronic devices sold in this state the previous calendar year.
     (D) $40 for manufacturers selling less
than 0.01 percent of the total number of units of covered electronic devices
sold in this state the previous calendar year.
     (c) For calendar years 2012 and beyond,
the Environmental Quality Commission may modify the registration fees under
this section so that the total of registration fees collected approximately
matches the departmentÂ’s costs in implementing ORS 459A.305 to 459A.355,
excluding costs incurred under ORS 459A.340 (4).
     (3)(a) If a manufacturer ceases to
manufacture, sell or import covered electronic devices and covered electronic
devices manufactured, sold or imported by the manufacturer are collected for
recycling under a manufacturer program or the state contractor program, the
manufacturer shall register with the department and pay a registration fee of
$250.
     (b) Any manufacturer described in
paragraph (a) of this subsection to which the department provides notification
of a return share and return share by weight and that has not previously filed
a registration shall, within 30 days of receiving the notification, file a
registration with the department and pay to the department a registration fee
of $250. [2007 c.302 §4]
     Note: See note under 459A.300.
     459A.320
Manufacturer program plan; state contractor program. (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan to the Department of Environmental
Quality at the time of payment of the annual registration fee required under
ORS 459A.315.
     (2) The manufacturer’s plan must describe
how the manufacturer will:
     (a) Finance, manage and conduct a
statewide program to collect covered electronic devices from covered entities
in this state.
     (b) Provide for environmentally sound
management practices to collect, transport and recycle covered electronic
devices.
     (c) Provide for advertising and promotion
of collection opportunities statewide and on a regular basis.
     (d) Include convenient service in every
county in this state and at least one collection site for any city with a
population of at least 10,000. A collection site for a county may be the same
as a collection site for a city in the county. Collection sites shall be
staffed and open to the public at a frequency adequate to meet the needs of the
area being served. A program may provide collection service jointly with
another program.
     (3) A manufacturer choosing to implement a
manufacturer program shall:
     (a) Meet or exceed the requirements for
collection sites described in subsection (2) of this section.
     (b) Provide for collection, transportation
and recycling of covered electronic devices for covered entities free of
charge, except that a manufacturer that provides premium service for a covered
entity may charge for the additional cost of that premium service.
     (c) Implement the plan required under this
section.
     (4) A group of manufacturers may choose to
implement a manufacturer program as one entity, if in doing so the
manufacturers meet the sum of their individual return shares by weight under
ORS 459A.340 (3) and that sum is at least five percent.
     (5) By July 1 of each year, a manufacturer
that does not meet its return share by weight for the previous calendar year
shall pay the department for the amount not achieved at a rate determined by
the department to be equivalent to the amount the manufacturer would have paid,
plus 10 percent, to be part of the state contractor program under ORS 459A.340.
     (6) A manufacturer participating in the
state contractor program under ORS 459A.340 shall notify the department at the
time of its registration each year.
     (7) Except as provided in subsection (4)
of this section, a manufacturer with less than a five percent return share is
required to participate in the state contractor program under ORS 459A.340. [2007
c.302 §5]
     Note: The amendments to 459A.320 by section 6,
chapter 302,
     459A.320. (1) A manufacturer choosing to implement a
manufacturer program shall submit a plan to the Department of Environmental
Quality at the time of payment of the annual registration fee required under
ORS 459A.315.
     (2) The manufacturer’s plan must describe
how the manufacturer will:
     (a) Finance, manage and conduct a
statewide program to collect covered electronic devices from covered entities
in this state.
     (b) Provide for environmentally sound
management practices to collect, transport and recycle covered electronic
devices.
     (c) Provide for advertising and promotion
of collection opportunities statewide and on a regular basis.
     (d) Include convenient service in every
county in this state and at least one collection site for any city with a
population of at least 10,000. A collection site for a county may be the same
as a collection site for a city in the county. Collection sites shall be
staffed and open to the public at a frequency adequate to meet the needs of the
area being served. A program may provide collection service jointly with
another program.
     (3) A manufacturer choosing to implement a
manufacturer program shall:
     (a) Meet or exceed the requirements for
collection sites described in subsection (2) of this section.
     (b) Provide for collection, transportation
and recycling of covered electronic devices for covered entities free of
charge, except that a manufacturer that provides premium service for a covered
entity may charge for the additional cost of that premium service.
     (c) Implement the plan required under this
section.
     (d) Conduct a statistically significant
sampling or actual count of the covered electronic devices collected and
recycled by the manufacturer each calendar year using a methodology approved by
the department. The manufacturer shall report the results of the sampling or
count to the department no later than March 1 of the following calendar year.
The report must include:
     (A) A list of all brands identified during
the sampling or count by the manufacturer;
     (B) The weight of covered electronic
devices identified for each brand during the sampling or count; and
     (C) The total weight of covered electronic
devices, including orphan devices, collected from covered entities in the state
by the manufacturer during the previous calendar year.
     (e) By March 1 of each year, provide a
report to the department that details how the plan required under this section
was implemented during the previous calendar year.
     (4) A group of manufacturers may choose to
implement a manufacturer program as one entity, if in doing so the
manufacturers meet the sum of their individual return shares by weight under
ORS 459A.340 (3) and that sum is at least five percent.
     (5) By July 1 of each year, a manufacturer
that does not meet its return share by weight for the previous calendar year
shall pay the department for the amount not achieved at a rate determined by
the department to be equivalent to the amount the manufacturer would have paid,
plus 10 percent, to be part of the state contractor program under ORS 459A.340.
     (6) A manufacturer participating in the
state contractor program under ORS 459A.340 shall notify the department at the
time of its registration each year.
     (7) Except as provided in subsection (4)
of this section, a manufacturer with less than a five percent return share is
required to participate in the state contractor program under ORS 459A.340.
     Note: See note under 459A.300.
     459A.325
Recycling fee for manufacturer participating in state contractor program. By September 1 of each year, a manufacturer
that participates in the state contractor program shall pay a recycling fee to
the Department of Environmental Quality in an amount determined by the
department under ORS 459A.340 (6) to cover the costs of collecting,
transporting and recycling the manufacturerÂ’s annual return share of covered
electronic devices for the following year. [2007 c.302 §7]
     Note: See note under 459A.300.
     459A.330
Prohibition against charging fee for collection, transportation or recycling of
covered electronic devices; exception. (1) Except as authorized in subsection (2) of this section, a
manufacturer program, the state contractor program or a collector participating
in a manufacturer program or the state contractor program may not charge a fee
to covered entities for the collection, transportation or recycling of covered
electronic devices.
     (2) A collector that provides a premium
service to a covered entity may charge for the additional cost of providing the
premium service. [2007 c.302 §8]
     Note: See note under 459A.300.
     459A.335
Requirements for sale of covered electronic devices by retailers; retailerÂ’s
duty to consumers regarding information about recycling covered electronic
devices. (1) A retailer may
not sell or offer for sale any covered electronic device in or for delivery
into this state unless:
     (a) The covered electronic device is
labeled with a brand and the label is permanently affixed and readily visible;
     (b) The brand is included on the list
posted by the Department of Environmental Quality pursuant to ORS 459A.340 (1);
and
     (c) The list posted by the department
pursuant to ORS 459A.340 (1) specifies that the manufacturer is in compliance
with the requirements of ORS 459A.305 to 459A.355.
     (2) A retailer shall provide to a consumer
at the time of the sale of a covered electronic device information from the
departmentÂ’s website that provides details about where and how a consumer can
recycle covered electronic devices in
     Note: Section 19 (1), chapter 302, Oregon Laws
2007, provides:
     Sec.
19. (1) Section 9 (1) of
this 2007 Act [459A.335 (1)] applies to covered electronic devices sold by a
retailer on or after January 1, 2009. [2007 c.302 §19(1)]
     Note: See note under 459A.300.
     459A.340
Duties of department. The
Department of Environmental Quality shall:
     (1) Maintain and make available on its
website the following lists, which must be updated by the first day of each
month:
     (a) A list of registered manufacturers and
their brands;
     (b) A list of brands for which no
manufacturer has registered; and
     (c) A list that identifies which
manufacturers are in compliance with ORS 459A.305 to 459A.355.
     (2) Review and approve manufacturer plans
that comply with ORS 459A.320 and are submitted annually by manufacturers
choosing to implement a manufacturer program for recycling covered electronic
devices.
     (3)(a) Determine the return share and
return share by weight for each calendar year for each manufacturer. The return
share shall be determined by dividing the total weight of covered electronic
devices of that manufacturerÂ’s brands by the total weight of covered electronic
devices for all manufacturersÂ’ brands. The return share by weight shall be
determined by multiplying the return share for each such manufacturer by the
total weight in pounds of covered electronic devices, including orphan devices,
collected from covered entities the previous calendar year.
     (b) For 2008 and 2009, determine the
return share and return share by weight for each manufacturer based on the best
available public return share data and public weight data from within the
     (c) By May 1 of each year, provide to each
manufacturer that had a return share determined under this section its return
share and its return share by weight for the following year.
     (4) Establish a state contractor program
for the collection, transportation and recycling of covered electronic devices
from covered entities in this state. The state contractor program shall:
     (a) To the extent practicable, use
existing local collection, transportation and recycling infrastructure;
     (b) Utilize environmentally sound
management practices to collect, transport and recycle covered electronic
devices;
     (c) Provide for covered entities, free of
charge, convenient and available collection services and sites for covered
electronic devices in both rural and urban areas;
     (d) Advertise and promote collection
opportunities statewide and on a regular basis; and
     (e) Conduct a statistically significant
sampling or actual count of the covered electronic devices collected and
recycled by the state contractor program during each calendar year using a
methodology approved by the department and prepare a report no later than March
1 of the following calendar year that includes:
     (A) A list of all brands identified during
the sampling or count;
     (B) The weight of covered electronic
devices identified for each brand during the sampling or count; and
     (C) The total weight of covered electronic
devices, including orphan devices, collected from covered entities in the state
by the state contractor program during the previous calendar year.
     (5) Determine a manufacturer’s annual
registration fee for purposes of ORS 459A.315 (2) using national market data
prorated for
     (6) Determine the recycling fee to be paid
under ORS 459A.325 by each manufacturer that participates in the state
contractor program established pursuant to subsection (4) of this section. The
department shall determine the recycling fees as follows:
     (a) For each manufacturer except those
described in paragraph (b) of this subsection, the department shall determine
the recycling fee based on the manufacturerÂ’s annual return share and return
share by weight as determined under subsection (3) of this section.
     (b) For each manufacturer whose
manufacture of covered electronic devices as defined in ORS 459A.305 (3)(a)(C)
exceeds its manufacture of covered electronic devices as defined in ORS
459A.305 (3)(a)(A) and (B), the department shall determine the recycling fee
based on the total return share and return share by weight determined under
subsection (3) of this section of all manufacturers described in this
paragraph, allocated according to each manufacturerÂ’s percentage of the total
number of covered electronic devices described in ORS 459A.305 (3)(a)(C) sold
in this state the previous calendar year. The department may use national sales
data to determine the percentages. The department may assess a surcharge on the
annual registration fee for manufacturers described in this paragraph to pay
any added costs to the department in making the determinations.
     (7) Maintain on its website information on
collection opportunities for covered electronic devices, including collection
site locations and hours. The information must be made available in a printable
format for retailers.
     (8) Report biennially to the Legislative
Assembly on the operation of the statewide system for collection,
transportation and recycling of covered electronic devices. [2007 c.302 §10]
     Note: See note under 459A.300.
     459A.345
Rules. The Environmental
Quality Commission may adopt rules as necessary to implement ORS 459A.305 to
459A.355. [2007 c.302 §11]
     Note: See note under 459A.300.
     459A.350
Disposition of fees. Fees
collected by the Department of Environmental Quality under ORS 459A.305 to
459A.355 shall be deposited in the State Treasury to the credit of the Covered
Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12]
     Note: See note under 459A.300.
     459A.355
Covered Electronic Devices Account; interest; uses. The Covered Electronic Devices Account is
established separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account. Moneys in the account are
continuously appropriated to the Department of Environmental Quality and may be
used only to pay the costs of implementing ORS 459A.305 to 459A.355 and
enforcing the prohibition in ORS 459.247 relating to disposal of covered
electronic devices. [2007 c.302 §13]
     Note: See note under 459A.300.
     459A.360
Evaluation by department of certain federal laws. (1) The Department of Environmental Quality
shall evaluate any federal law that establishes a national program for the
collection and recycling of electronic devices.
     (2) If the department determines that the
federal law substantially meets or exceeds the requirements and intent of ORS
459A.305 to 459A.355, the department shall include information on the federal
law in the next biennial report to the Legislative Assembly pursuant to ORS
459A.340. [2007 c.302 §14]
     Note: See note under 459A.300.
    Â
     Note: See note under 459A.300.
(State Agencies)
     459A.475
Legislative findings; policy.
The Legislative Assembly finds and declares that:
     (1) It is the policy of the State of
     (2) The volume of solid waste generated
within the state, an increased rate in the consumption of products and
materials, including paper products, and the absence of adequate programs and
procedures for the reuse and recycling of these products and materials threaten
the quality of the environment and well-being of the people of
     Note: 459A.475 to 459A.490 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
459A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
    Â
     (2) The Oregon Department of
Administrative Services shall continue the current state waste paper collection
program for employees of state government, as defined in ORS 174.111. This
program shall include recycling opportunities for office paper, corrugated
cardboard, newsprint, beverage containers as defined in ORS 459A.700, container
glass, mixed waste paper, plastic bottles, waste oil, clay-coated materials,
batteries, toner and printer cartridges and any other material at the
discretion of the Director of the Oregon Department of Administrative Services,
in consultation with the Department of Environmental Quality.
     (3) The Oregon Department of
Administrative Services may contract as necessary for the recycling of products
returned under subsections (1) and (2) of this section. [2003 c.794 §189]
     Note: See note under 459A.475.
     459A.485
System and procedures for separation and collection of solid waste; rules;
exemption. (1)
Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services
shall adopt rules pursuant to ORS chapter 183 that:
     (a) Establish procedures for the
separation of solid waste generated by state agencies that can be recycled or
reused.
     (b) Establish a system for the collection
of solid waste generated by state agencies that can be recycled or reused. The
system shall ensure that the material is made available to appropriate agencies
or private industries for reuse or recycling at the greatest economic value and
to the greatest extent feasible for recycling.
     (2) All state agencies shall comply with
the procedures and systems established under subsection (1) of this section.
     (3) The Governor may exempt any single
activity or facility of any state agency from compliance under this section if
the Governor determines it to be in the paramount interest of the state. Any
exemption shall be for a period not in excess of one year, but additional
exemptions may be granted for periods not to exceed one year. The Governor
shall make public all exemptions together with the reasons for granting such
exemptions. [2003 c.794 §190]
     Note: See note under 459A.475.
     459A.490
Paper conservation. (1) The
Oregon Department of Administrative Services shall encourage paper
conservation.
     (2) The department shall provide
guidelines to state agencies and contractors on the availability of recycled
paper and paper products, including the sources of supply and the potential
uses of various grades of recycled paper.
     (3) The department shall review the total
paper purchases and utilization of each state agency.
     (4) The department shall, in conjunction
with the administrative heads of state agencies, develop procedures to
eliminate excessive or unnecessary paper use, including but not limited to
overpurchase of paper, overprinting of materials, purchase of too high a grade
of paper, purchase of paper that is not recyclable and purchase of virgin paper
when recycled paper is available in the same grade. [2003 c.794 §191]
     Note: See note under 459A.475.
(Newsprint
and Directories)
     459A.500
Definitions for ORS 459A.500 to 459A.520. As used in ORS 459A.500 to 459A.520:
     (1) “Consumer of newsprint” means a person
who uses newsprint in a commercial or government printing or publishing
operation.
     (2) “Newsprint” means paper that meets the
specifications for Standard Newsprint Paper and Roto Newsprint Paper as set
forth in the current edition of the Harmonized Tariff Schedule of the
     (3) “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.
     (4) “Recycled-content newsprint” means
newsprint that includes post-consumer waste paper. [1991 c.385 §26; 1993 c.560 §90]
     459A.505
Minimum recycled content for newsprint. Every consumer of newsprint in Oregon shall ensure that at least 7.5
percent of the annual aggregate fiber content of all newsprint used by the
consumer of newsprint is composed of post-consumer waste paper, if:
     (1) Recycled-content newsprint is available
at the same or lower weighted net price compared to that of newsprint made from
virgin material;
     (2) The average mechanical and optical
properties of recycled-content newsprint from any individual mill measured
quarterly meets or exceeds the average mechanical and optical properties of all
newsprint produced in the northwest as reported in the most current quarterly
American Newspaper Publisher Association Newsprint Quality Program Special
Report; and
     (3) The recycled-content newsprint is
available within the same period of time as virgin material. [1991 c.385 §27;
2005 c.22 §335]
     459A.510
Report to consumer of amount of post-consumer waste in shipment. Each person who supplies a consumer of
newsprint with newsprint shall report with each supply the amounts of
post-consumer waste contained in each shipment to each consumer of newsprint.
If a shipment contains no post-consumer waste paper, the supplier shall so
report. [1991 c.385 §28]
     459A.515
Annual report to department; content. No later than February 28 each year, each consumer of newsprint shall
report to the Department of Environmental Quality the following information for
the previous calendar year:
     (1) The amount of newsprint used in short
tons;
     (2) The amount of recycled-content
newsprint used in short tons; and
     (3) The aggregate recycled content of the
newsprint used as a percent. [1991 c.385 §29; 1993 c.560 §91; 2003 c.14 §292]
     459A.520
Minimum recycled content for directories. (1) Every directory publisher shall ensure that directories distributed
in
     (a) Have a minimum recycled content of at
least 25 percent by weight, with no less than 15 percent of the total weight
consisting of post-consumer waste, if:
     (A) The recycled-content paper is
available on the market; and
     (B) The recycled-content paper is of the
same quality as paper made from virgin material;
     (b) Use bindings that do not impede
recycling; and
     (c) Use inks that do not impede recycling.
     (2) For each local jurisdiction where
directories are distributed, directory publishers will cooperate with local
government agencies to ensure that recycling opportunities exist for
directories at the time the directories are distributed provided markets exist
for the directories.
     (3) The Department of Environmental
Quality shall develop a report format and survey directory publishers in
     (4) As used in this section, “directory”
means a telephone directory that weighs one pound or more for a local
jurisdiction in
(Glass)
     459A.550
Report on use of new and recycled glass; minimum percentage of recycled glass
required. (1) On or before
February 28 each year, every glass container manufacturer shall report to the
Department of Environmental Quality, in accordance with a method established by
the department, the total amount, in tons, of new glass food, drink and
beverage containers made in Oregon or sold to packagers located in Oregon by
the glass container manufacturer during the previous calendar year, and the
tons of recycled glass used in manufacturing the new containers. A glass
container manufacturer located more than 750 miles from the borders of this
state shall report to the department only for those years in which the glass
container manufacturer sells more than 1,000 tons of new glass containers to
packagers located in
     (2) For glass containers manufactured in
     (a) Thirty-five percent on and after
January 1, 1995.
     (b) Fifty percent on and after January 2,
2008.
     (3) 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 food, drink
or beverage containers under subsection (2) of this section if the department
determines that a glass container manufacturer cannot meet the minimum
percentage requirements because of a lack of available glass cullet that meets
reasonable specifications established by the manufacturer.
     (4) A manufacturer requesting an exemption
from the recycled glass content requirements under this section shall inform
the department of the steps the manufacturer plans to take in order to come
into compliance with the recycled content requirements. The department shall
grant exemptions for a period of no more than three years. An exemption may be
renewed upon a reasonable showing by the applicant. The department may recover
all costs involved in considering and acting upon exemption requests.
     (5) On or after January 2, 2008, in
determining whether a glass container manufacturer has met the 50 percent
minimum percentage requirement, the department shall credit toward the
requirement the combined amount of recycled glass generated in
     (6) The department shall not enforce the
provisions of subsection (2)(b) of this section until January 2, 2008.
     (7) As used in this section, “glass
container manufacturer” means a person that manufactures new glass containers
in Oregon or that, during the calendar year preceding the reporting period
established under subsection (1) of this section, manufactured new glass
containers outside Oregon that were sold by the manufacturer to packagers
located in Oregon. [1991 c.385 §34; 1993 c.560 §92; 1997 c.537 §1; 1999 c.976 §1;
2003 c.671 §1]
(Used Oil
Recycling)
     459A.552
Recycling and recovery of used oil; goal. It is the goal of the State of
     Note: 459A.552 to 459A.599 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
459A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     459A.554
Reduction, reuse and recovery of used oil. After consideration of technical and economic feasibility, the
Department of Environmental Quality and all persons in
     (1) First, to reduce the amount of used
oil generated;
     (2) Second, to reuse oil by rerefining the
oil; and
     (3) Third, to recover energy from the used
oil and use the oil for other secondary uses. [1993 c.527 §3]
     Note: See note under 459A.552.
     459A.555
Definitions for ORS 459A.552 to 459A.599. As used in ORS 459A.552 to 459A.599 unless the context requires
otherwise:
     (1) “Commission” means the Environmental
Quality Commission.
     (2) “Department” means the Department of
Environmental Quality.
     (3) “Recycle” means to prepare used oil
for reuse as a petroleum product by refining, rerefining, reclaiming,
reprocessing or other means or to use used oil in a manner that substitutes for
a petroleum product made from new oil, provided that the preparation or use is
operationally safe, environmentally sound and complies with all laws and regulations.
     (4) “Person” means any individual, private
or public corporation, partnership, cooperative association, estate,
municipality, political or jurisdictional subdivision or governmental agency or
instrumentality.
     (5) “Used oil” means a petroleum-based oil
which through use, storage or handling has become unsuitable for its original
purpose due to the presence of impurities or loss of original properties. [Formerly
468.850]
     Note: See note under 459A.552.
     459A.560
Legislative findings. The
Legislative Assembly finds that:
     (1) Millions of gallons of used oil are
generated each year in the state;
     (2) Used oil is a valuable petroleum
resource which can be recycled; and
     (3) In spite of this potential for
recycling, significant quantities of used oil are wastefully disposed of or
improperly used by means which pollute the waters, land and air and endanger
the public health and welfare. [Formerly 468.853]
     Note: See note under 459A.552.
     459A.565
Used oil to be collected and recycled. The Legislative Assembly declares that used oil shall be collected and
recycled to the maximum extent possible, by means which are economically
feasible and environmentally sound, in order to conserve irreplaceable
petroleum resources, preserve and enhance the quality of natural and human
environments, and protect public health and welfare. [Formerly 468.856]
     Note: See note under 459A.552.
     459A.570
Used oil information center; public education. The Department of Environmental Quality
shall conduct a public education program to inform the public of the needs for
and benefits of collecting and recycling used oil in order to conserve
resources and preserve the environment. As part of this program, the department
shall:
     (1) Establish, maintain and publicize a
used oil information center that will explain local, state and federal laws and
regulations governing used oil and will inform holders of quantities of used
oil on how and where used oil may be properly disposed of; and
     (2) Encourage the establishment of
voluntary used oil collection and recycling programs and provide technical
assistance to persons organizing such programs. [Formerly 468.859]
     Note: See note under 459A.552.
     459A.575
Oil recycling information to be posted; rules. The Environmental Quality Commission shall
adopt rules, in accordance with the provisions of ORS 468.020, requiring
sellers of more than 500 gallons of lubrication or other oil annually, in
containers for use off the premises, to post and maintain at or near the point
of sale durable and legible signs, unless otherwise prohibited by law,
informing the public of the importance of proper collection and disposal of
used oil, and how and where used oil may be properly disposed of, including
locations and hours of operation of conveniently located collection facilities.
[Formerly 468.862]
     Note: See note under 459A.552.
     459A.580
Prohibited disposal of used oil. Unless permitted pursuant to ORS 468B.050, no person shall dispose of
used oil by discharge into sewers, drainage systems or the waters of this state
as defined by ORS 468B.005, or by incineration other than for energy generating
purposes. [Formerly 468.865; 2003 c.469 §3]
     Note: See note under 459A.552.
     459A.585
Enforcement powers of commission. The Environmental Quality Commission shall have the power to enforce
compliance with or restrain violation of ORS 459A.580 or any rule adopted under
ORS 459A.575 in the same manner provided for enforcement proceedings under ORS
chapters 468, 468A and 468B. [Formerly 468.868]
     Note: See note under 459A.552.
     459A.590
Use, management, disposal and resource recovery; rules. The Environmental Quality Commission shall
adopt rules and issue orders relating to the use, management, disposal of and
resource recovery from used oil. The rules shall include but need not be
limited to performance standards and other requirements necessary to protect
the public health, safety and environment, and a provision prohibiting the use
of untested used oil for dust suppression. The commission shall insure that the
rules do not discourage the recovery or recycling of used oil in a manner that
is consistent with the protection of human health, safety and the environment. [Formerly
468.869]
     Note: See note under 459A.552.
     459A.595
Use for dust suppression or as herbicide. Except to the extent that a use of used oil is prohibited or regulated
by federal law, the rules adopted under ORS 459A.590 shall not prohibit or
regulate the use of used oil for dust suppression or as an herbicide if the
used oil is generated by a business or industry and does not contain
polychlorinated biphenyls, or contain or show a characteristic of hazardous
waste as defined in ORS 466.005 or is generated by a household and is:
     (1) Used on property owned by the
generator; or
     (2) Generated and used on property leased
by the generator or used on property immediately adjacent to property owned or
leased by the generator with the written approval of the property owner on
whose property the oil is to be applied. [Formerly 468.870]
     Note: See note under 459A.552.
     459A.599
Short title. ORS 459A.552 to
459A.585 may be cited as the “Used Oil Recycling Act.” [Formerly 468.871]
     Note: See note under 459A.552.
(Compost)
     459A.600
“Compost” defined. As used
in ORS 459A.605 to 459A.620, “compost” means the product resulting from the
controlled biological decomposition of organic wastes that are source separated
from the municipal solid waste stream. [1991 c.385 §19]
     459A.605
Rules for purchase of compost and sewage sludge by state. In consultation with the Department of
Environmental Quality and affected state and local agencies, the Oregon
Department of Administrative Services shall adopt rules for the purchase by the
State of
     459A.610 [1991 c.385 §22; repealed by 1993 c.560 §107]
     459A.615
Programs to use compost and sewage sludge. The State Forestry Department, the State Parks and Recreation
Department, the Department of Transportation and the Oregon Department of
Administrative Services shall initiate programs that use compost or sewage
sludge in place of, or to supplement, soil amendments, ground cover materials,
mulching materials or other similar products for which compost can be used as
an effective substitute. [1991 c.385 §23; 1993 c.560 §93]
     459A.620
Use of compost or sewage sludge by state agencies given priority. Any state agency that prepares a request for
bid for soil amendments, ground cover materials, mulching materials or other
similar products shall first determine that compost or sewage sludge is not
available in adequate quantities, cannot practically be used for the intended
applications, would jeopardize the intended project results or would be used in
combination with a fertilizer or other similar product. [1991 c.385 §25; 2005
c.22 §338]
(Mercury)
     459A.630
Motor vehicle mercury light switches. The Department of Environmental Quality shall coordinate with and
encourage entities such as associations representing motor vehicle repair shops
to offer to the public the replacement and recycling of motor vehicle mercury
light switches. The department shall make available to the public information
concerning services to replace and recycle motor vehicle mercury light
switches. [2001 c.924 §10]
     Note: 459A.630 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 459A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Plastics)
     459A.650
Definitions for ORS 459A.650 to 459A.665. As used in ORS 459A.650 to 459A.665:
     (1) “Package” means any container used to
protect, store, contain, transport, display or sell products.
     (2) “Package manufacturer” means the
producer or generator of a rigid plastic container for a packaged product that
is sold or offered for sale in
     (3) “Product-associated package” 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.
     (4) “Product manufacturer” means the producer
or generator of a packaged product that is sold or offered for sale in
     (5) “Recycled content” means the portion
of a packageÂ’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.
     (6) “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.
     (7) “Rigid plastic container” means any
package composed predominantly of plastic resin which has a relatively
inflexible finite shape or form with a minimum capacity of eight ounces and a
maximum capacity of five gallons, and that is capable of maintaining its shape
while holding other products. [1991 c.385 §34a; 1993 c.560 §96; 1993 c.568 §1]
     459A.655
Minimum reuse, recycled material or recycled content for rigid plastic
containers. (1) Except as
provided in ORS 459A.660 (5), any rigid plastic container sold, offered for
sale or used in association with the sale or offer for sale of products in
     (a) Contain 25 percent recycled content by
January 1, 1995;
     (b) Be made of plastic that is being
recycled in
     (c) Be a package that is used five or more
times for the same or substantially similar use.
     (2) A rigid plastic container shall meet
the requirements in subsection (1)(b) of this section if the container meets
one of the following criteria:
     (a) It is a rigid plastic container and
rigid plastic containers, in the aggregate, are being recycled in the state at
a rate of 25 percent by January 1, 1995;
     (b) It is a specified type of rigid
plastic container and that type of rigid plastic container, in the aggregate,
is being recycled in the state at a rate of 25 percent by January 1, 1995; or
     (c) It is a particular product-associated
package and that type of package, in the aggregate, is being recycled in the
state at a rate of 25 percent by January 1, 1995. [1991 c.385 §34b; 1993 c.560 §97;
1993 c.568 §2]
     459A.657
Recycling rate; hearings on decreased rate. (1) The Department of Environmental Quality shall determine a
recycling rate under ORS 459A.655 for rigid plastic containers in the aggregate
on or before December 31, 1995, and thereafter, in accordance with the
standards and procedures used to calculate such rate for calendar year 1996, as
determined necessary by the department. If for any year thereafter, the
department determines that the aggregate rate is less than 25 percent, the
department also shall determine whether the recycling rate for compliance for
rigid plastic containers made from the major resin types is 25 percent or more.
     (2) If the recycling rate for rigid
plastic containers in the aggregate determined by the department for compliance
purposes is less than 25 percent for 1996 or any subsequent year, the
department shall present relevant information regarding the decrease in the
rate to the appropriate legislative committees or interim committees. The
legislative committees shall hold hearings to determine the factors that caused
the rate to decrease, including a review of the status of collection programs
in the state and the capacity available to process rigid plastic containers
collected and reclaim the resin from the collected containers. [1995 c.584 §2;
1997 c.552 §16]
     459A.660
Manufacturer records; certification by package manufacturer; exempt containers. (1) Each product manufacturer and package
manufacturer shall maintain the records specified in this section that
demonstrate for all rigid plastic containers of the manufacturer, how the
manufacturer has complied with one or more of the requirements of ORS 459A.655,
or for what reason, if any, the containers are exempt under subsection (5) of
this section for the applicable period of time. Proprietary information
included in the records, if submitted to the Department of Environmental
Quality under this section shall not be made available to the general public.
The records documenting the compliance shall be submitted to the department
upon its request. Each manufacturer required to keep records under this section
may be audited by the department. The department shall not take enforcement
action, audit or request copies of the records kept by a manufacturer under
this section before January 1, 1996, and until the department calculates the
recycling rates in ORS 459A.655 (2) for the calendar year 1995.
     (2) To the extent a rigid plastic
container complies with ORS 459A.655 (1)(c) or (2)(c) because the product
manufacturerÂ’s particular product-associated package or all of the product
manufacturerÂ’s rigid plastic containers are being reused under ORS 459A.655
(1)(c) or recycled in the state at the rate specified in ORS 459A.655 (2)(c),
the product manufacturer shall keep records that include the information the
department may require to determine the product manufacturerÂ’s compliance.
     (3) To the extent a rigid plastic
container complies with ORS 459A.655 (1)(a) or (b) or (2)(a) or (b), the
package manufacturer shall keep records that include the information the
department may require to determine the package manufacturerÂ’s compliance.
     (4) If subsection (3) of this section
applies, the product manufacturer also shall maintain a record of the written
certification by the package manufacturer that the rigid plastic containers
comply with ORS 459A.655 (1)(a) or (b) or (2)(a) or (b). The certification also
shall state that the package manufacturer will maintain the records required in
subsection (3) of this section, and upon request of the department, submit to
the department records that include the information the department may require
to determine compliance. The product manufacturer may rely on the certification
as a defense in any action or proceeding for violation of or to enforce ORS 459A.650
to 459A.665, whether such action or proceeding is brought under ORS 459.992,
459.995 or under any other law.
     (5) Rigid plastic containers are exempt
from the requirements of ORS 459A.655 if the containers are not subject to the
requirements of ORS 459A.700 to 459A.740 and if:
     (a) The containers contain drugs, medical
devices, medical food or infant formula as defined by the Federal Food, Drug
and Cosmetic Act, 21 U.S.C. 301 et seq.
     (b) The packages are associated with
products produced in or brought into the state that are destined for shipment
to other destinations outside the state and that remain with such products upon
such shipment.
     (c) The packaging is necessary to provide
tamper-resistant seals for public health purposes.
     (d) The packages are reduced packages. A
package shall qualify as reduced when the ratio of package weight per unit of
product has been reduced by at least 10 percent when compared with the
packaging used for the same product by the same packager five years earlier. In
no case may packaging reduction be achieved, for purposes of this paragraph, by
substituting a different material category for a material that constituted a
substantial part of the packaging in question, or by packaging changes that
adversely impact either the potential for the package to be recycled or contain
recycled material. Exemptions under this paragraph shall be limited to five
years, shall not be renewable and shall not be applicable to packages for which
the ratio of package weight per unit of product increased after January 1,
1990.
     (e) There has been substantial investment
in achieving the recycling goal, viable markets for the material, if collected,
can be demonstrated, the material is within five percent of the goal, there is
substantial evidence of accelerating recycling rates and reasonable projections
show that the material will meet the goal within two years.
     (f) The containers contain food. 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, but a container shall not be considered to contain
food if it contains a drinkable liquid and is a rigid plastic bottle. As used
in this paragraph, “rigid plastic bottle” means a container that has a mouth
narrower than its base.
     (6) For any rigid plastic container not
described in subsection (3) of this section, each product manufacturer shall keep
records that include the information the department may require as evidence
that the container is exempt from the requirements of ORS 459A.655.
     (7) 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 rate for compliance
for rigid plastic containers in the aggregate is less than 25 percent. For any
period for which the department determines that the rate for compliance for
rigid plastic containers in the aggregate equals or exceeds 25 percent, product
manufacturers and package manufacturers are not required to keep records under
this section and are not required to comply with the requirements of ORS
459A.655 (1)(a) and (c) and (2)(b) and (c). [1991 c.385 §34c; 1993 c.560 §98;
1993 c.563 §1; 1993 c.568 §3; 1995 c.584 §§3,4]
     459A.665
     459A.675
Definitions for ORS 459A.675 to 459A.685. As used in ORS 459A.675 to 459A.685:
     (1) “Label” means a code label, as
described in ORS 459A.680, molded into or imprinted on or near the bottom of
the plastic container or bottle.
     (2) “Rigid plastic bottle” means any rigid
plastic container intended for single use with a neck smaller than the
container body that accepts a screw-type, snap cap or other closure and has a
minimum capacity of 16 ounces and a maximum capacity of five gallons.
     (3) “Rigid plastic container” means any
formed or molded container other than a bottle comprised predominantly of
plastic resin and having a relatively inflexible finite shape or form and
intended primarily as a single service container with a minimum capacity of
eight ounces and a maximum capacity of five gallons. [1991 c.385 §86; 1993
c.560 §99]
     Note: 459A.675 to 459A.695 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
459A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     459A.680
Labeling requirements for rigid plastic bottles and containers. (1) All rigid plastic bottles and rigid
plastic containers sold in
     (a) 1 = PETE (polyethylene terephthalate);
     (b) 2 = HDPE (high density polyethylene);
     (c) 3 = V (vinyl);
     (d) 4 = LDPE (low density polyethylene);
     (e) 5 = PP (polypropylene);
     (f) 6 = PS (polystyrene); and
     (g) 7 = OTHER.
     (2) The Department of Environmental
Quality shall maintain a list of abbreviations used on labels under subsection
(1) of this section and shall provide a copy of that list to any person upon
request. [1991 c.385 §87; 1993 c.560 §100]
     Note: See note under 459A.675.
     459A.685
Prohibition on manufacture of rigid plastic bottles or containers without
label. No person shall
manufacture for use in this state any rigid plastic container or rigid plastic
bottle that is not labeled in accordance with ORS 459A.680. [1991 c.385 §88]
     Note: See note under 459A.675.
     459A.695
Requirement for retail establishment supplying plastic bags for customer use. Any retail establishment that offers plastic
bags to customers for purchases made at the establishment shall offer, at the
location where the customer pays for the goods, paper bags as an alternative to
plastic bags and inform customers that a choice is available. Nothing in this
subsection shall be construed as requiring retail establishments to use plastic
bags. [Formerly 459.419]
     Note: See note under 459A.675.
BEVERAGE
CONTAINERS; BOTTLE BILL
     459A.700
Definitions for ORS 459A.700 to 459A.740. As used in ORS 459.992 (3) and (4) and 459A.700 to 459A.740, unless
the context requires otherwise:
     (1) “Beverage” means beer or other malt
beverages and mineral waters, soda water and similar carbonated soft drinks in
liquid form and intended for human consumption.
     (2) “Beverage container” means the
individual, separate, sealed glass, metal or plastic bottle, can, jar, or
carton containing a beverage.
     (3) “Commission” means the Oregon Liquor
Control Commission.
     (4) “Consumer” means every person who
purchases a beverage in a beverage container for use or consumption.
     (5) “Dealer” means every person in this
state who engages in the sale of beverages in beverage containers to a
consumer, or means a redemption center certified under ORS 459A.735.
     (6) “Distributor” means every person who
engages in the sale of beverages in beverage containers to a dealer in this
state including any manufacturer who engages in such sales.
     (7) “In this state” means within the
exterior limits of the State of
     (8) “Manufacturer” means every person
bottling, canning or otherwise filling beverage containers for sale to
distributors or dealers.
     (9) “Place of business of a dealer” means
the location at which a dealer sells or offers for sale beverages in beverage
containers to consumers.
     (10) “Use or consumption” includes the
exercise of any right or power over a beverage incident to the ownership
thereof, other than the sale or the keeping or retention of a beverage for the
purposes of sale. [Formerly 459.810]
     Note: The amendments to 459A.700 by section 1,
chapter 303,
     459A.700. As used in ORS 459.992 (3) and (4) and
459A.700 to 459A.740, unless the context requires otherwise:
     (1) “Beverage” means water and flavored
water, beer or other malt beverages and mineral waters, soda water and similar
carbonated soft drinks in liquid form and intended for human consumption.
     (2)(a) “Beverage container” means an
individual, separate, sealed glass, metal or plastic bottle or can containing a
beverage in a quantity less than or equal to three fluid liters.
     (b) “Beverage container” does not include
cartons, foil pouches and drink boxes.
     (3) “Commission” means the Oregon Liquor
Control Commission.
     (4) “Consumer” means every person who
purchases a beverage in a beverage container for use or consumption.
     (5) “Dealer” means every person in this
state who engages in the sale of beverages in beverage containers to a
consumer, or means a redemption center certified under ORS 459A.735.
     (6) “Distributor” means every person who
engages in the sale of beverages in beverage containers to a dealer in this
state including any manufacturer who engages in such sales.
     (7) “Importer” means any dealer or
manufacturer who directly imports beverage containers into this state.
     (8) “In this state” means within the
exterior limits of the State of
     (9) “Manufacturer” means every person
bottling, canning or otherwise filling beverage containers for sale to
distributors, importers or dealers.
     (10) “Place of business of a dealer” means
the location at which a dealer sells or offers for sale beverages in beverage
containers to consumers.
     (11) “Use or consumption” includes the
exercise of any right or power over a beverage incident to the ownership
thereof, other than the sale or the keeping or retention of a beverage for the
purposes of sale.
     (12) “Water and flavored water” means any
beverage identified through the use of letters, words or symbols on its product
label as a type of water.
     Note: Sections 8 and 9, chapter 303, Oregon Laws
2007, provide:
     Sec.
8. Bottle Bill Task Force.
(1) There is created the Bottle Bill Task Force, consisting of nine members
appointed as follows:
     (a) The President of the Senate shall
appoint one member from among members of the Senate.
     (b) The Speaker of the House of
Representatives shall appoint one member from among members of the House of
Representatives.
     (c) The Governor shall appoint seven
members based upon their ability to represent the best interests of
     (2) The task force shall study and make
recommendations on beverage container collection and refund matters, including
but not limited to:
     (a) Establishing and paying for redemption
centers to redeem beverage containers;
     (b) Expanding the list of beverages to be
included in the definition of “beverage” in ORS 459A.700;
     (c) Increasing the refund value to be paid
when redeeming beverage containers;
     (d) Limiting the redemption of beverage
containers that are purchased out of state; and
     (e) Collecting and utilizing the refund
value of unredeemed beverage containers.
     (3) A majority of the members of the task
force constitutes a quorum for the transaction of business.
     (4) Official action by the task force
requires the approval of a majority of the members of the task force.
     (5) The Governor shall designate one
member of the Bottle Bill Task Force to serve as chairperson, who shall serve
as chairperson at the pleasure of the Governor.
     (6) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective.
     (7) The task force shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
     (8) The task force may adopt rules
necessary for the operation of the task force.
     (9) The task force shall submit a report,
and shall include recommendations for legislation, to the interim legislative
committees on environment and natural resources on or before November 1, 2008.
     (10) The Legislative Administrator shall
provide staff support to the task force, with the support of the Department of
Environmental Quality.
     (11) Members of the task force are not
entitled to compensation or reimbursement for expenses and serve as volunteers
on the task force.
     (12) All agencies of state government, as
defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
task force consider necessary to perform their duties.
     (13) For the purposes of this section, “beverage”
and “beverage container” have the meanings given those terms in ORS 459A.700.
[2007 c.303 §8]
     Sec.
9. Section 8 of this 2007
Act is repealed on July 1, 2009. [2007 c.303 §9]
     459A.705
Refund value required. (1)
Except as provided in subsection (2) of this section, every beverage container
sold or offered for sale in this state shall have a refund value of not less
than five cents.
     (2) Every beverage container certified as
provided in ORS 459A.725, sold or offered for sale in this state, shall have a
refund value of not less than two cents. [Formerly 459.820]
     459A.710
Practices required of dealers and distributors. Except as provided in ORS 459A.715:
     (1) A dealer shall not refuse to accept
from any person any empty beverage containers of the kind, size and brand sold
by the dealer, or refuse to pay to that person the refund value of a beverage
container as established by ORS 459A.705.
     (2) A distributor shall not refuse to accept
from a dealer any empty beverage containers of the kind, size and brand sold by
the distributor, or refuse to pay the dealer the refund value of a beverage
container as established by ORS 459A.705. [Formerly 459.830]
     Note: The amendments to 459A.710 by section 2,
chapter 303,
     459A.710. Except as provided in ORS 459A.715:
     (1)(a) Except as provided in paragraph (b)
of this subsection, a dealer may not refuse to accept from any person any empty
beverage containers that contained the kind of beverage sold by the dealer, or
refuse to pay to that person the refund value of a beverage container as
established by ORS 459A.705.
     (b) A dealer that occupies a space of less
than 5,000 square feet in a single area may refuse to accept from any person
any empty beverage containers of the kind, size and brand that the dealer does
not sell.
     (2) A distributor or importer may not
refuse to accept from a dealer any empty beverage containers of the kind, size
and brand sold by the distributor or importer, or refuse to pay the dealer the
refund value of a beverage container as established by ORS 459A.705.
     (3) The manufacturer, distributor or
importer of any beverage sold in this state shall ensure that all dealers or
redemption centers in this state that redeem beverage containers are paid the
refund value for those beverage containers and that those beverage containers
are collected from the dealer or redemption center in a timely manner.
     459A.712
Liability of manufacturer, distributor and importer for failure to pay refund
value of beverage containers.
Any manufacturer, distributor or importer that fails to pay to a dealer or
redemption center the refund value of beverage containers and to collect
beverage containers as required by ORS 459A.710 (3) is liable to the dealer or
redemption center for treble the unpaid refund value and treble the collection
costs incurred by the dealer or redemption center for any beverage containers
that were not collected as required. [2007 c.303 §7]
     Note: 459A.712 becomes operative January 1, 2009.
See section 10, chapter 303, Oregon Laws 2007.
     459A.715
Refusal of dealer or distributor to accept or pay refund in certain cases;
notice. (1) A dealer may
refuse to accept from any person, and a distributor may refuse to accept from a
dealer, any empty beverage container that does not state thereon a refund value
as established by ORS 459A.705.
     (2) A dealer may refuse to accept and to
pay the refund value of:
     (a) Empty beverage containers if the place
of business of the dealer and the kind of empty beverage containers are
included in an order of the Oregon Liquor Control Commission approving a
redemption center under ORS 459A.735.
     (b) Any beverage container visibly
containing or contaminated by a substance other than water, residue of the
original contents or ordinary dust.
     (c)(A) More than 144 individual beverage
containers returned by any one person during one day, if the dealer occupies a
space of 5,000 or more square feet in a single area.
     (B) More than 50 individual beverage
containers returned by any one person during one day, if the dealer occupies a
space of less than 5,000 square feet in a single area.
     (d) Any beverage container that is damaged
to the extent that the brand appearing on the container cannot be identified.
     (3)(a) In order to refuse containers under
subsection (2)(b), (c)(A) or (d) of this section, if a dealer occupies a space
of 5,000 or more square feet in a single area, the dealer must post in each
area where containers are received a clearly visible and legible sign
containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law
allows a dealer to refuse to accept:
     1. Beverage containers visibly containing
or contaminated by a substance other than water, residue of the original
contents or ordinary dust;
     2. More than 144 individual beverage
containers from any one person during one day; or
     3. Beverage containers that are damaged to
the extent that the brand appearing on the container cannot be identified.
______________________________________________________________________________
     (b) In order to refuse containers under
subsection (2)(b), (c)(B) or (d) of this section, if a dealer occupies a space
of less than 5,000 square feet in a single area, the dealer must post in each
area where containers are received a clearly visible and legible sign
containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law
allows a dealer to refuse to accept:
     1. Beverage containers visibly containing
or contaminated by a substance other than water, residue of the original
contents or ordinary dust;
     2. More than 50 individual beverage
containers from any one person during one day; or
     3. Beverage containers that are damaged to
the extent that the brand appearing on the container cannot be identified.
______________________________________________________________________________
[Formerly
459.840; 1993 c.356 §1; 2003 c.761 §1; 2007 c.303 §3]
     Note: The amendments to 459A.715 by section 4, chapter
303,
     459A.715. (1) A dealer may refuse to accept from any
person, and a distributor or importer may refuse to accept from a dealer, any
empty beverage container that does not state thereon a refund value as
established by ORS 459A.705.
     (2) A dealer may refuse to accept and to
pay the refund value of:
     (a) Empty beverage containers if the place
of business of the dealer and the kind of empty beverage containers are
included in an order of the Oregon Liquor Control Commission approving a
redemption center under ORS 459A.735.
     (b) Any beverage container visibly
containing or contaminated by a substance other than water, residue of the
original contents or ordinary dust.
     (c)(A) More than 144 individual beverage
containers returned by any one person during one day, if the dealer occupies a
space of 5,000 or more square feet in a single area.
     (B) More than 50 individual beverage
containers returned by any one person during one day, if the dealer occupies a
space of less than 5,000 square feet in a single area.
     (d) Any beverage container that is damaged
to the extent that the brand appearing on the container cannot be identified.
     (3)(a) In order to refuse containers under
subsection (2)(b), (c)(A) or (d) of this section, if a dealer occupies a space
of 5,000 or more square feet in a single area, the dealer must post in each
area where containers are received a clearly visible and legible sign
containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law
allows a dealer to refuse to accept:
     1. Beverage containers visibly containing
or contaminated by a substance other than water, residue of the original
contents or ordinary dust;
     2. More than 144 individual beverage
containers from any one person during one day; or
     3. Beverage containers that are damaged to
the extent that the brand appearing on the container cannot be identified.
______________________________________________________________________________
     (b) In order to refuse containers under
subsection (2)(b), (c)(B) or (d) of this section, if a dealer occupies a space
of less than 5,000 square feet in a single area, the dealer must post in each
area where containers are received a clearly visible and legible sign
containing the following information:
______________________________________________________________________________
NOTICE:
Oregon Law
allows a dealer to refuse to accept:
     1. Beverage containers visibly containing
or contaminated by a substance other than water, residue of the original
contents or ordinary dust;
     2. More than 50 individual beverage
containers from any one person during one day; or
     3. Beverage containers that are damaged to
the extent that the brand appearing on the container cannot be identified.
______________________________________________________________________________
     459A.720
Indication of refund value; exception; prohibition of certain metal containers
and plastic container holders.
(1) Every beverage container sold or offered for sale in this state by a dealer
shall clearly indicate by embossing or by a stamp, or by a label or other
method securely affixed to the beverage container, the refund value of the
container.
     (2) Subsection (1) of this section shall
not apply to glass beverage containers designed for beverages having a brand
name permanently marked thereon which, on October 1, 1972, had a refund value
of not less than five cents.
     (3) No person shall sell or offer for sale
at retail in this state any metal beverage container so designed and
constructed that a part of the container is detachable in opening the container
without the aid of a can opener.
     (4) On or after March 1, 1979, no person
shall sell or offer for sale at retail in this state, in addition to beverages
as defined in ORS 459A.700 (1), any beverage in liquid form intended for human
consumption in any beverage container so designed and constructed that a metal
part of the container is detachable in opening the container through use of a
metal ring or tab without the aid of a can opener. However, nothing in this
subsection shall prohibit the sale of a container the only detachable part of
which is a piece of pressure sensitive tape.
     (5) No person shall sell or offer for sale
at retail in this state metal beverage containers connected to each other by a
separate holding device constructed of plastic rings or other material which
will not decompose by photobiodegradation, chemical degradation, or
biodegradation within 120 days of disposal. [Formerly 459.850]
     459A.725
Certification of containers as reusable by more than one manufacturer; rules. (1) To promote the use in this state of
reusable beverage containers of uniform design, and to facilitate the return of
containers to manufacturers for reuse as a beverage container, the Oregon
Liquor Control Commission may certify beverage containers which satisfy the
requirements of this section.
     (2) A beverage container may be certified
if:
     (a) It is reusable as a beverage container
by more than one manufacturer in the ordinary course of business; and
     (b) More than one manufacturer will in the
ordinary course of business accept the beverage container for reuse as a
beverage container and pay the refund value of the container.
     (3) The commission may by rule establish
appropriate liquid capacities and shapes for beverage containers to be
certified or decertified in accordance with the purposes set forth in
subsection (1) of this section.
     (4) A beverage container shall not be
certified under this section if by reason of its shape or design, or by reason
of words or symbols permanently inscribed thereon, whether by engraving,
embossing, painting or other permanent method, it is reusable as a beverage
container in the ordinary course of business only by a manufacturer of a
beverage sold under a specific brand name. [Formerly 459.860]
     459A.730
Decision upon certification applications; review and withdrawal of
certifications. (1) Unless
an application for certification under ORS 459A.725 is denied by the Oregon
Liquor Control Commission within 60 days after the filing of the application,
the beverage container shall be deemed certified.
     (2) The commission may review at any time
certification of a beverage container. If after such review, with written
notice and hearing afforded to the person who filed the application for
certification under ORS 459A.725, the commission determines the container is no
longer qualified for certification, it shall withdraw certification.
     (3) Withdrawal of certification shall be
effective not less than 30 days after written notice to the person who filed
the application for certification under ORS 459A.725 and to the manufacturers
referred to in ORS 459A.725 (2). [Formerly 459.870]
     459A.735
Redemption centers. (1) To
facilitate the return of empty beverage containers and to serve dealers of
beverages, any person may establish a redemption center, subject to the
approval of the Oregon Liquor Control Commission, at which any person may
return empty beverage containers and receive payment of the refund value of
such beverage containers.
     (2) Application for approval of a
redemption center shall be filed with the commission. The application shall
state the name and address of the person responsible for the establishment and
operation of the redemption center, the kind and brand names of the beverage
containers which will be accepted at the redemption center and the names and
addresses of the dealers to be served by the redemption center. The application
shall include such additional information as the commission may require.
     (3) The commission shall approve a redemption
center if it finds the redemption center will provide a convenient service to
persons for the return of empty beverage containers. The order of the
commission approving a redemption center shall state the dealers to be served
by the redemption center and the kind and brand names of empty beverage
containers which the redemption center must accept. The order may contain such
other provisions to insure the redemption center will provide a convenient
service to the public as the commission may determine.
     (4) The commission may review at any time
approval of a redemption center. After written notice to the person responsible
for the establishment and operation of the redemption center, and to the
dealers served by the redemption center, the commission may, after hearing,
withdraw approval of a redemption center if the commission finds there has not
been compliance with its order approving the redemption center, or if the
redemption center no longer provides a convenient service to the public. [Formerly
459.880]
     Note: The amendments to 459A.735 by section 5,
chapter 303,
     459A.735. (1) To facilitate the return of empty
beverage containers and to serve dealers of beverages, any person may establish
a redemption center, subject to the approval of the Oregon Liquor Control
Commission, at which any person may return empty beverage containers and
receive payment of the refund value of such beverage containers.
     (2) Application for approval of a
redemption center shall be filed with the commission. The application shall
state the name and address of the person responsible for the establishment and
operation of the redemption center, the kind of beverage containers that will
be accepted at the redemption center and the names and addresses of the dealers
to be served by the redemption center. The application shall include such
additional information as the commission may require.
     (3) The commission shall approve a
redemption center if it finds the redemption center will provide a convenient
service to persons for the return of empty beverage containers. The order of
the commission approving a redemption center shall state the dealers to be
served by the redemption center and the kind of empty beverage containers that
the redemption center must accept. The order may contain such other provisions
to ensure the redemption center will provide a convenient service to the public
as the commission may determine.
     (4) The commission may review at any time
approval of a redemption center. After written notice to the person responsible
for the establishment and operation of the redemption center, and to the
dealers served by the redemption center, the commission may, after hearing,
withdraw approval of a redemption center if the commission finds there has not
been compliance with its order approving the redemption center, or if the redemption
center no longer provides a convenient service to the public.
     459A.740
Certification and withdrawal procedures. The procedures for certification or withdrawal provided for in ORS
459A.725 to 459A.735 shall be in accordance with ORS chapter 183. [Formerly
459.890]
EDUCATION
     459A.750
Recycling and waste reduction component of curriculum; teacherÂ’s guide;
informational materials. (1)
By January 1, 1995, the Department of Education, in cooperation with the
Department of Environmental Quality, shall integrate a recycling and waste
reduction component into a required curriculum for all
     (2) The Department of Environmental
Quality, in cooperation with the Department of Education, as appropriate in
paragraphs (a) and (c) of this subsection, shall provide statewide promotion,
education and technical assistance to local government units and schools in
each wasteshed to increase participation in recycling. The assistance provided
shall include but need not be limited to:
     (a) Developing a current teacher’s guide
which shall be supplied to every school in the state for use in complying with
this section. The Department of Environmental Quality shall update, revise and
replace the teacherÂ’s guide at least once every four years as necessary to keep
the teacherÂ’s guide current and effective. The teacherÂ’s guide also shall be
available to local government units and recycling educators upon request. The
Department of Environmental Quality shall participate each year as requested in
teacher in-service workshops to present and facilitate use of the teacherÂ’s
guide.
     (b) Providing professionally produced
informational materials including but not limited to camera-ready art and
recycling and waste reduction copy for use by local government units, schools
or recycling educators in each wasteshed for public information correspondence,
brochures, flyers, newsletters and news releases, camera-ready newspaper public
service advertisements and two annual workshops on recycling and waste
reduction education and promotion, one to be held within and one to be held
outside, the Portland metropolitan area. The Department of Environmental
Quality shall revise the material annually to keep the information presented
current and effective.
     (c) Providing professionally produced
instructional audiovisual materials to each school in the state to be used as
part of the schoolÂ’s recycling and waste reduction education component. The
audiovisual materials shall be appropriate to the grade level of the school to
which they are supplied and shall be reviewed every two years and updated as
necessary to keep the information presented current and effective. The
materials also shall be available to local government units and recycling
educators upon request. [1991 c.385 §35; 1993 c.560 §101]
     Note: 459A.750 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 459A or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
FOOD
PACKAGING REGULATION
     459A.775
“State agency” defined. As
used in ORS 459A.775 to 459A.785, “state agency” means any state officer,
department, board, commission or court created by the Constitution or statutes
of this state, including the Legislative Assembly, its committees, officers and
employees. [Formerly 468.967]
     Note: 459A.775 to 459A.785 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS chapter
459A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     459A.780
Prohibition against purchase or use of nonbiodegradable and nonrecyclable food
packaging; exemptions. (1) A
state agency may not purchase any product to be used for packaging food if the
product is composed of material that is not either biodegradable or recyclable
through an existing effective recycling program.
     (2) A vendor who leases space from a state
agency shall not sell food in, or use for food packaging, any product
containing or composed of material that is not either biodegradable or
recyclable through an existing, effective recycling program.
     (3) Notwithstanding subsections (1) and
(2) of this section, the Environmental Quality Commission may exempt specific
products from the requirements of subsections (1) and (2) of this section if
the applicant for the exemption demonstrates:
     (a) There is no acceptable alternative for
the product; and
     (b) Compliance with the conditions of
subsections (1) and (2) of this section would cause undue hardship. [Formerly
468.968]
     Note: See note under 459A.775.
     459A.785
Effective recycling program; standards for determining. The Department of Environmental Quality
shall establish percentages of plastic material that must be recycled before a
recycling program is considered an effective recycling program. In establishing
the percentages the department:
     (1) Shall establish percentages for each
different type of plastic resin;
     (2) Shall require that at least 15 percent
of each plastic resin type be recycled statewide in 1992; and
     (3) May not establish a required
percentage of more than 75 percent before December 31, 1999. [Formerly 468.969]
     Note: See note under 459A.775.
_______________
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