Oregon Revised Statutes
As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management: Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.…
A person providing the opportunity to recycle shall fulfill the requirements of subsection (3) of this section using the following recycling program elements: Provision of at least one durable recycling container to each residential service customer. On-route collection at least once each week of source separated recyclable material from residential collec…
An expanded education and promotion program to satisfy the requirements of ORS 459A.007 must carry out the policy set forth in ORS 459.015, inform generators of solid waste of the manner and benefits of reducing, reusing, recycling and composting material, promote use of recycling services and reduce contamination in collected recyclables. The city, county o…
It is the policy of the State of Oregon that recovery of material is consistent with the priority of solid waste management set forth in ORS 459.015 (2). It is the goal of the State of Oregon that: For the calendar year 2009 and subsequent years, there be no annual increase in total general solid waste; For the calendar year 2020 and subsequent years, the …
The Environmental Quality Commission shall develop and adopt by rule a method for calculating recovery rates based on the rate of energy savings achieved by recovering materials from the general solid waste stream. The calculation method must account for: The energy savings achieved from material recovery, as opposed to material disposal; Recovery of energ…
The Environmental Quality Commission shall: 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. Review Department of Environmental Quality reports on compliance with and implementation of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (…
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: Waste prevention; Recycling; Solid waste collection and processing; Composting and energy recovery; Incineration; Disposal; Disposal capacity and fa…
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: Acceptable alternative methods for providing the opportunity to recycle; …
The Legislative Assembly finds and declares that: 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 achie…
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 barri…
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 and waste prevention programs and solid waste management programs that comply with the opportunity to recycle establishe…
The Department of Environmental Quality shall conduct a solid waste composition study to determine the quantities and sources of different materials disposed of in the waste stream at least once every three biennia for all areas of the state not covered by other solid waste composition studies. The study may include: Measurement and composition of wastes di…
No operative statutory text appears at this designation in the selected edition.
Any affected person may: Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must be provided; or Request a variance under ORS 459A.055.
On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality: 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 require…
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. The Environmental Quality Commission may grant all or part of a variance under this section. Upo…
No operative statutory text appears at this designation in the selected edition.
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. In determining which …
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. A collection servi…
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: Source separated by the generator; and Purchased from or exchanged by the generator for fair market value for recycling or reuse.
A person may not: 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. Remove any recyclable material from a container, box, collection vehicle, recycling depot or other receptacle for t…
The Legislative Assembly finds that providing for collection service including but not limited to the collection of recyclable material as part of the opportunity to recycle is a matter of statewide concern. The exercise of the authority granted by this section is subject to ORS 221.735 and 459.085 (3). It is the intent of the Legislative Assembly that a c…
As used in ORS 459A.100 to 459A.120: “Domestic solid waste” includes but is not limited to residential, commercial and institutional wastes generated within this state. “Domestic solid waste” does not include: Sewage sludge or septic tank and cesspool pumpings; Building demolition or construction wastes and land clearing debris, if delivered to a disposa…
The Legislative Assembly finds and declares that: Domestic solid waste disposal capacity is a matter of statewide concern; 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; The disposal in Oregon of domestic solid wa…
In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all: Disposal sites that receive domestic solid waste, building demolition or construction waste, land clearing debris, waste tires or solid waste generated outside the state, for final disposal or destruction; and Persons who…
No operative statutory text appears at this designation in the selected edition.
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 fund the update and implementation of the statewide integrated solid waste management plan under ORS 459A.0…
The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that: The fees established under ORS 459A.110 (1) shall be no more than $1.18 per ton for the biennium beginning July 1, 2015; and Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton …
By September 30 of each year, the Department of Environmental Quality shall provide a rebate of the fees established under ORS 459A.110 to the nine most economically distressed counties in this state. The department shall annually identify the counties that will receive the rebate provided for under this section and, no later than January 31 of each year, p…
The Legislative Assembly finds and declares that: It is in the best interests of the State of Oregon for producers of mattresses to take responsibility for developing, implementing and administering a statewide system for the financing, collection and environmentally sound management of discarded mattresses; and It is the State of Oregon’s policy that a st…
As used in ORS 459A.150 to 459A.189: “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of the mattress. “Consumer” means a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state. “Discarded mattress” means a mattress that has been used, and abandoned or discarded, in this sta…
Except as provided in subsection (3) of this section, a producer, renovator or retailer may not sell or offer for sale any mattress to any person in this state unless the producer, renovator or retailer is registered with a stewardship organization with a plan approved by the Department of Environmental Quality under ORS 459A.165. On and after the date that…
In a form and manner prescribed by the Department of Environmental Quality, a stewardship organization shall submit to the department a plan for the development and implementation of a mattress stewardship program. The plan must: Describe how the stewardship organization will manage and administer a mattress stewardship program. Identify program mattresses…
A plan submitted under ORS 459A.159 must provide for convenient service through, at a minimum: Providing for at least one permanent collection site in every county with a population of 10,000 people or more and an additional 25 collection sites distributed throughout this state in a manner to extend convenient service to residents; Holding at least one col…
The Department of Environmental Quality shall approve, reject or request additional information for a plan submitted under ORS 459A.159 or an amendment to a plan submitted under ORS 459A.168 no later than 90 days after the date the department receives the plan or plan amendment from the stewardship organization. The department shall post a plan or plan amend…
A stewardship organization shall submit to the Department of Environmental Quality for approval an amendment to a plan that has been approved by the department under ORS 459A.165 if, at any time: There is a substantial or material change, as provided for under ORS 459A.159 (1)(n), to the system for collecting discarded mattresses; The stewardship organizat…
A plan submitted under ORS 459A.159 and approved by the Department of Environmental Quality under ORS 459A.165 is valid for five years. At least 180 days before the expiration of a plan approved under ORS 459A.165, the stewardship organization shall submit the plan to the department to be reapproved for an additional five years. A plan submitted under this …
A stewardship organization that implements a mattress stewardship program pursuant to a plan approved by the Department of Environmental Quality under ORS 459A.165 shall, no later than July 1 of each year, submit for review and approval to the department: The annual report provided for under subsection (2) of this section for the preceding calendar year; A…
The Director of the Department of Environmental Quality shall appoint a mattress stewardship program advisory committee of not more than 10 members representing the interests of the following entities in the stewardship of discarded mattresses: Local governments; The solid waste industry; The environmental community; and The public. The director may not…
The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of ORS 459A.150 to 459A.189. A stewardship organization shall retain all records related to implementation of a mattress ste…
The Mattress Stewardship Fund is established, separate and distinct from the General Fund. All moneys in the Mattress Stewardship Fund are continuously appropriated to the Department of Environmental Quality and may be used only to pay the costs of administering, implementing and enforcing ORS 459A.150 to 459A.189. Note: See note under 459A.150.
The Legislative Assembly declares that the collaboration of producers and stewardship organizations to develop and implement mattress stewardship programs is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that the establishment, administration, collection or disbursement of the mattress stewardship assessment sha…
The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.150 to 459A.189. Note: See note under 459A.150. DRUG TAKE-BACK PROGRAM
As used in ORS 459A.200 to 459A.266: “Analogous product” means: With regard to a virus, a product prepared from or with a virus or agent that is actually or potentially infectious, regardless of the degree of virulence or toxigenicity of the specific virus strain used. With regard to a therapeutic serum, a product composed of whole blood or plasma, or tha…
Except as provided in subsection (2) of this section, each covered manufacturer shall participate in a drug take-back program that complies with the requirements of ORS 459A.200 to 459A.266. A covered manufacturer may participate in a drug take-back program independently, as part of a group of covered manufacturers or by delegating the covered manufacturer’s…
A manufacturer that becomes a covered manufacturer after January 1, 2020, shall, not more than six months after the date on which the manufacturer becomes a covered manufacturer, participate in a drug take-back program in compliance with ORS 459A.203. Note: 459A.204 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS …
A program operator of a drug take-back program must be organized as an entity that is exempt from income taxes under section 501(c)(3) of the Internal Revenue Code, as amended and in effect on September 29, 2019. Note: See note under 459A.200.
In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department a plan for participating in a drug take-back program. The department shall approve a proposed drug take-back program plan if the program operator submits a completed application, the proposed drug take-back program meets the requiremen…
In a form and manner prescribed by the Department of Environmental Quality, except as provided in subsection (3) of this section, a program operator must request preapproval from the department for any change to a drug take-back program that substantively alters the drug take-back program. A program operator must make a request under this subsection not late…
Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must: Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and Enter into agreements with all willing authorized collectors for the purpose of collecting covered drugs under the drug…
The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis. For purposes of a drug take-back program: A drop-off site must be available for use during the normal business hours of the authorized collector; A drop-off site must use a secure repository in compliance with al…
If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted: In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Department of Justice; and In coordination with the local solid waste management officia…
Covered drugs must be disposed of: At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019; At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or At a hospital, medical and infectious waste incinerator: That is subject to and meets the requ…
A program operator must promote, and provide public outreach and education about, the safe and secure collection of covered drugs under the drug take-back program through the use of a website and written materials provided at the time a covered drug is delivered to a covered entity, and through the use of any signage, advertising or other means of fostering …
In a form and manner prescribed by the Department of Environmental Quality, a program operator must submit to the department an annual report on the development, implementation and operation of the drug take-back program that includes: A list of covered manufacturers participating in the drug take-back program; The total amount, by weight, of drugs collect…
Each covered manufacturer or group of covered manufacturers must pay all costs associated with participating in a drug take-back program. A program operator or authorized collector may not impose a charge, including any charge imposed at the time that a covered drug is sold to or collected from a covered entity, against covered entities for the purpose of re…
The Department of Environmental Quality shall ensure compliance with ORS 459A.200 to 459A.266 by: Entering into an agreement with the State Board of Pharmacy whereby the board, during routine inspections of retail drug outlets: Inspects drop-off sites located at retail drug outlets; and Informs the department of drop-off sites that are not in compliance w…
The Environmental Quality Commission shall send notice to a covered manufacturer if the covered manufacturer fails to participate in a drug take-back program as required by ORS 459A.200 to 459A.266. Notice sent under this subsection must explain the possible penalties that may be incurred by the covered manufacturer for committing the violation. If, 30 days…
The Department of Environmental Quality shall establish the following fees for the purpose of paying the costs of administering ORS 459A.200 to 459A.266: A one-time fee for reviewing a drug take-back program plan submitted under ORS 459A.209. An annual fee for expenses associated with the ongoing costs of administering ORS 459A.200 to 459A.266. An hourly …
The Secure Drug Take-Back Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Department of Environmental Quality for purposes of administering ORS 459A.200 to 459A.266. The account shall cons…
An authorized collector, covered manufacturer, drug take-back organization, drug take-back program and program operator may not be held criminally or civilly liable for any function, duty or power performed for the purpose of complying with ORS 459A.200 to 459A.266, unless the function, duty or power was performed with gross negligence or willful and wanton …
The Legislative Assembly declares that program operators providing covered entities with drug take-back program services, including the safe and secure collection, transportation and disposal of covered drugs, is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in drug take-back programs as requi…
Any proprietary information or any financial, manufacturing or sales information or data that the Department of Environmental Quality receives from a covered manufacturer or drug take-back organization under ORS 459A.200 to 459A.266 is confidential and not subject to public disclosure under ORS 192.311 to 192.478, except that the department may disclose summ…
The provisions of the Uniform Controlled Substances Act do not apply to a program operator or authorized collector, insofar as the program operator is collecting, transporting and disposing of covered drugs pursuant to ORS 459A.200 to 459A.266. Note: See note under 459A.200.
Except as expressly authorized by state law, ORS 459A.200 to 459A.266 supersede and preempt any ordinance or other regulation enacted before, on or after September 29, 2019, by the governing body of a city, county or other political subdivision of this state that establishes or requires a program for the collection, by or on behalf of covered manufacturers, …
The Department of Environmental Quality may enter into agreements with other state agencies for purposes including covering costs incurred in the administration of ORS 459A.200 to 459A.266. Note: See note under 459A.200.
The Environmental Quality Commission shall adopt any rules necessary for the effective administration of ORS 459A.200 to 459A.266. Upon request, the State Board of Pharmacy shall assist the commission in adopting rules under this section. Note: See note under 459A.200. PRODUCER RESPONSIBILITY FOR ELECTRONIC DEVICES
The Legislative Assembly finds that: It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally toxic; The development and availability of a statewide system that conveniently serves both urban and rural areas of Oregon for the collection, transportation and recycling of electron…
As used in ORS 459A.305 to 459A.355: “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. “Collector” means an entity that collects covered electronic devices as part of an electronics producer responsibility progra…
ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (9) before, on or after June 7, 2007. ORS 459A.305 to 459A.355 do not apply to reused or refurbished covered electronic devices. A manufacturer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery in t…
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 list of all the brands of covered electronic devices, not inc…
In the form and manner prescribed by the Department of Environmental Quality, an electronics producer responsibility organization must annually submit to the department a plan for implementing an electronics producer responsibility program. The electronics producer responsibility organization’s plan must describe how the electronics producer responsibility …
The Department of Environmental Quality shall approve an electronics producer responsibility program plan as provided in this section if the department determines that the plan satisfies the requirements of ORS 459A.320. Not later than 60 days after receiving a plan under ORS 359A.320, the department shall either approve, approve with conditions or reject t…
No operative statutory text appears at this designation in the selected edition.
If the Department of Environmental Quality approves more than one electronics producer responsibility program plan to be implemented: The department shall set a timeline for all electronics producer responsibility organizations to designate a coordinating body. If all electronics producer responsibility organizations are unable to designate a coordinating b…
No operative statutory text appears at this designation in the selected edition.
An electronics producer responsibility organization, or the coordinating body if one is designated under ORS 459A.323, shall consult with the department to develop educational resources and public awareness activities to advertise and promote, on a regular basis, recycling of covered electronic devices and collection opportunities statewide. At a minimum, an…
Except as authorized in subsection (2) of this section, an electronics producer responsibility program or a collector participating in an electronics producer responsibility program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices. A collector that provides a premium service to a covered …
The Department of Environmental Quality may require a manufacturer or an electronics producer responsibility organization to submit information to the department to evaluate compliance with ORS 459A.305 to 459A.355. A manufacturer or electronics producer responsibility organization must submit any data or information required by the department under this sub…
The Environmental Quality Commission shall establish by rule an annual fee, which must be reasonably calculated to cover the costs to the Department of Environmental Quality of implementing, administering and enforcing ORS 459A.305 to 459A.355. The commission shall establish by rule a one-time plan review fee reasonably calculated to cover the costs to the …
A retailer may not sell or offer for sale any covered electronic device, except for peripherals, in or for delivery into this state unless: The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible; The brand is included on the list made publicly available by the Department of Environmental Quality pursu…
The Department of Environmental Quality shall: Maintain and make publicly available: A list of registered manufacturers and their brands; A list of brands for which no manufacturer has registered; A list that identifies which manufacturers are in compliance with ORS 459A.305 to 459A.355; Electronics producer responsibility program plans submitted to the…
The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. Note: See note under 459A.300.
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. Note: See note under 459A.300.
The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered electronic devices, is in the best interests of the public. Therefore, the Legislati…
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 administering, implementing and enforcing ORS 459A.305 to 45…
The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices. 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 la…
ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. Note: See note under 459A.300. SPECIFIC RECYCLING REQUIREMENTS (State Agencies)
The Legislative Assembly finds and declares that: It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. The volume of solid waste generated within the state, an increased rate in the consumption of products …
For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative employees, including but not limited to the proper separation and disposal of recycl…
Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that: Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused. Establish a system for the collection of solid waste generated by state agencies that can be recycled or reus…
The Oregon Department of Administrative Services shall encourage paper conservation. 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. The department shall review the total paper purch…
As used in ORS 459A.500 to 459A.520: “Consumer of newsprint” means a person who uses newsprint in a commercial or government printing or publishing operation. “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 United States …
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: Recycled-content newsprint is available at the same or lower weighted net price compared to that of newsprint made from virgin material; The avera…
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.
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: The amount of newsprint used in short tons; The amount of recycled-content newsprint used in short tons; and The aggregate recycled content of the newsprint used as a percent.
Every directory publisher shall ensure that directories distributed in Oregon: 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: The recycled-content paper is available on the market; and The recycled-content paper is of the same quality as paper made f…
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 …
It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be at least 70 percent. 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 St…
After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in Oregon as follows: First, to reduce the amount of used oil generated; Second, to reuse oil by rerefining the oil; and Third, to recover energy from the used oil and use the oil for other…
As used in ORS 459A.552 to 459A.599 unless the context requires otherwise: “Commission” means the Environmental Quality Commission. “Department” means the Department of Environmental Quality. “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 …
The Legislative Assembly finds that: Millions of gallons of used oil are generated each year in the state; Used oil is a valuable petroleum resource which can be recycled; and 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 endang…
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. Note: See note u…
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: Establish, maintain and publicize a used oil information center that will explain …
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…
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. Note: See note under 459A.552.
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. Note: See note under 459A.552.
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 unteste…
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 haz…
ORS 459A.552 to 459A.585 may be cited as the “Used Oil Recycling Act.” Note: See note under 459A.552. (Compost)
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.
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 Oregon of compost and sewage sludge. The rules shall designate the state minimum purchasing standards. The rules shall encourage the use of compost and sludge w…
No operative statutory text appears at this designation in the selected edition.
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 …
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 comb…
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 m…
As used in ORS 459A.650 to 459A.665: “Package” means any container used to protect, store, contain, transport, display or sell products. “Package manufacturer” means the producer or generator of a rigid plastic container for a packaged product that is sold or offered for sale in Oregon. “Product-associated package” means a brand-specific rigid plastic con…
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 Oregon shall: Contain 25 percent recycled content by January 1, 1995; Be made of plastic that is being recycled in Oregon at a rate of 25 percent by January 1, 1995; or Be a package that is used f…
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…
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 th…
A local government shall provide the opportunity to recycle rigid plastic containers in metropolitan and urban wastesheds when there is a stable market price for those containers that equals or exceeds 75 percent of the necessary and reasonable collection costs for those containers.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in ORS 459A.700 to 459A.754, unless the context requires otherwise: “Alternative access redemption center” means a redemption center that meets the requirements of ORS 459A.745. “Beverage” means a fluid described in ORS 459A.702. “Beverage container” means a container described in ORS 459A.702. “Commission” means the Oregon Liquor and Cannabis Co…
ORS 459A.700 to 459A.754 apply to: Any individual, separate, sealed glass, metal or plastic bottle or can, except for a carton, foil pouch, drink box or metal container that requires a tool to be opened, that contains any one of the following beverages, intended for human consumption and in a quantity less than or equal to three liters: Water or flavored w…
Except as provided in subsections (2) and (3) 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. Every beverage container sold or offered for sale in this state shall have a refund value of not less than 10 cents, beginning on the later of: Eight months after the Oregon Li…
Except as provided in ORS 459A.715: 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. A dealer that occupies a …
For purposes of ORS 459A.710 and 459A.715, the space that a dealer occupies equals the retail space if: The retail space is less than 5,000 square feet; The retail space occupies less than 50 percent of the leased or owned space where retail operations are located; and The nonretail space is used in whole or in part for the manufacturing of beverages.
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 …
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. A dealer may refuse to accept and to pay the refund value of: Empty beverage containers if the place of business of the dealer and the kind o…
A person may not, with the intent to defraud, return for the refund value specified in ORS 459A.705 during one day 50 or more individual beverage containers that the person knows were not sold in this state.
The Oregon Liquor and Cannabis Commission may impose a civil penalty of at least $50, but not more than $500, for a violation of any provision of ORS 459A.700 to 459A.754. Each day a violation occurs constitutes a separate violation. The authority to impose a civil penalty under this section is in addition to and not in lieu of the revocation and suspension …
Two or more distributors or importers may establish a distributor cooperative for the purposes of: Collecting the refund value of beverage containers specified in ORS 459A.705 from distributors or importers and refunding to dealers the amount the dealers paid for the refund value of empty beverage containers; Paying the refund value specified in ORS 459A.7…
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. Subsection (1) of this section shall not apply to glass beverage containers designed for beverages having a brand name perm…
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 and Cannabis Commission may certify beverage containers which satisfy the requirements of this section. A beverage container may be certified if: It is reusable …
Unless an application for certification under ORS 459A.725 is denied by the Oregon Liquor and Cannabis Commission within 60 days after the filing of the application, the beverage container shall be deemed certified. The commission may review at any time certification of a beverage container. If after such review, with written notice and hearing afforded to …
The requirements of subsections (2) and (3) of this section apply to a distributor if: The distributor does not participate in a distributor cooperative; and The distributor sold more than 500,000 beverages in beverage containers in this state in the previous calendar year. A distributor described in subsection (1) of this section shall establish a progra…
A distributor described in subsection (2) of this section that does not participate in a distributor cooperative shall pay to the Oregon Liquor and Cannabis Commission the fee described in subsection (2) of this section for each calendar year, or part thereof, that the distributor sells beverages in beverage containers in this state. A distributor shall pay …
To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a full-service redemption center, subject to the approval of the Oregon Liquor and Cannabis Commission, at which any person may return empty beverage containers and receive payment of the refund value of such beverage containers. Application for…
Pursuant to the provisions of ORS 459A.735, the Oregon Liquor and Cannabis Commission: Shall approve one full-service redemption center in a city having a population of less than 300,000, operated by a distributor cooperative serving a majority of the dealers in this state; and May approve one or more additional full-service redemption centers. Notwithsta…
For each full-service redemption center, the Oregon Liquor and Cannabis Commission shall specify up to two convenience zones. The first convenience zone shall be the sector within a radius of not more than two miles around the full-service redemption center. The second convenience zone shall be the sector beginning at the border of the first convenience zone…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Any person may establish a dealer redemption center, as provided in this section, to serve a dealer. Notwithstanding any other provision of ORS 459A.700 to 459A.754, a dealer redemption center must: Provide secure drop off service at no charge for empty beverage containers to be returned by any person for the refund value established by ORS 459A.705 in a b…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
To expand and enhance alternative redemption access opportunities for individuals who redeem empty beverage containers on a daily or near daily basis, the Oregon Liquor and Cannabis Commission may approve one or more alternative access redemption centers at which any person may return empty beverage containers and receive payment of the refund value. An alte…
The Oregon Liquor and Cannabis Commission shall specify a convenience zone for an alternative access redemption center and a convenience zone for a mobile or satellite redemption site as provided in this section. The convenience zone specified for: An alternative access redemption center shall be a contiguous area, the boundaries of which do not exceed thre…
The Oregon Liquor and Cannabis Commission shall classify the two existing convenience zones specified under ORS 459A.738 for a full-service redemption center as a single low-impact convenience zone if: In the prior year, the combined volume of beverage container returns to all dealers that occupy a space of 5,000 or more square feet in the second convenienc…
No operative statutory text appears at this designation in the selected edition.
No less than once every three years, the Oregon Liquor and Cannabis Commission shall review each convenience zone specified under ORS 459A.738 and each low-impact convenience zone. The review must include consultation with: The distributor cooperative; Participating dealers within the convenience zone; and If the boundary of the convenience zone is less t…
In addition to the authority granted under ORS 459.992, inspectors and investigators employed by the Oregon Liquor and Cannabis Commission have authority to inspect any space occupied by a dealer for compliance with ORS 459A.738.
The procedures for certification or withdrawal provided for in ORS 459A.725 to 459A.735 shall be in accordance with ORS chapter 183.
The Bottle Bill Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Bottle Bill Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission and may be used to pay the costs of the commission in carrying out the duties of the commis…
As used in this section and ORS 459A.757 and 459A.759: “Garment bag” means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage. “Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government, as defined in ORS 174.116. …
Except as provided in subsection (2) of this section, a retail establishment may not provide: Single-use checkout bags to customers. Recycled paper checkout bags, reusable fabric checkout bags or reusable plastic checkout bags to customers unless the retail establishment charges not less than five cents for each recycled paper checkout bag, reusable fabric…
To prohibit or limit the use of recycled paper checkout bags, reusable fabric checkout bags, reusable plastic checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116: May adopt a local provision that establishes definitions, requirements and restrictions that are …
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 Oregon students in grades kindergarten through 12. The Department of Environmental Quality, in cooperation with the Department of Education, as appropriate …
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. Note: 459A.775 to 459A.785 were enacted into law by the Legislative Assembly but were not added to or made a par…
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. 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 i…
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: Shall establish percentages for each different type of plastic resin; Shall require that at least 15 percent of each plastic re…
The Legislative Assembly finds that it is in the best interest of this state for architectural paint manufacturers to finance and manage an environmentally sound, cost-effective architectural paint stewardship program, undertaking responsibility for the development and implementation of strategies to reduce the generation of post-consumer architectural paint…
As used in ORS 459A.820 to 459A.855: “Architectural paint” means interior and exterior architectural coatings sold in containers of five gallons or less. “Architectural paint” does not mean industrial, original equipment or specialty coatings. “Architectural paint stewardship assessment” means the amount added to the purchase price of architectural paint …
A producer or retailer may not sell or offer for sale architectural paint to any person in this state unless the producer is participating in an approved statewide architectural paint stewardship program organized by a stewardship organization. A retailer is in compliance with this subsection if, on the date the architectural paint was ordered from the produ…
A stewardship organization must submit a plan for a statewide architectural paint stewardship program to the Director of the Department of Environmental Quality for approval under ORS 459A.832. The plan must address the requirements set forth in subsections (2) and (4) of this section. The plan must: Specify educational and outreach activities and material…
The convenient system for the collection of post-consumer architectural paint required under ORS 459A.827 (2) must ensure that: One permanent collection site exists for every 30,000 residents in this state. Ninety-five percent of the residents in this state are within 15 miles of a permanent collection site. For those geographically underserved areas wher…
The Director of the Department of Environmental Quality shall approve, deny or request additional information on a new or updated plan or a plan amendment no later than 60 days after the date the director receives the plan or amendment from the stewardship organization. If the director rejects, or requests additional information for, the new plan, updated p…
A stewardship organization must submit to the Director of the Department of Environmental Quality for approval an amendment to a plan or updated plan that has been approved by the director under ORS 459A.832 if, at any time: The stewardship organization makes a change to the architectural paint stewardship assessment that was approved by the director as par…
If a stewardship organization makes any of the changes described in this section to an architectural paint stewardship program as provided for in a plan approved by the Director of the Department of Environmental Quality under ORS 459A.832, the organization shall notify the director in writing, within 30 days of the date of the change to the program, of: A …
It is the intent of this section that a stewardship organization operating an architectural paint stewardship program pursuant to ORS 459A.820 to 459A.855, approved by the Department of Environmental Quality and subject to the regulatory supervision of the department, is granted immunity from federal and state antitrust laws for the limited purpose of establ…
No later than April 1 of each year, a stewardship organization must submit an annual report to the Director of the Department of Environmental Quality describing the operation during the prior calendar year of an architectural paint stewardship program approved by the director under ORS 459A.832. At a minimum, the report must contain: A description of the m…
No later than June 1 of each year, the Director of the Department of Environmental Quality shall publish an estimate of the total volume, in gallons, of post-consumer architectural paint collected in each wasteshed or metropolitan service district as part of an architectural paint stewardship program during the prior calendar year. For each wasteshed or metr…
Except for the financial, cost, production or sales data and records specified in paragraph (b) of this subsection, the Department of Environmental Quality may not disclose any financial, cost, production or sales data and records of a stewardship organization, or of a specific producer, obtained by the department as part of the approval of a plan, or update…
In accordance with the applicable provisions of ORS chapter 183 relating to contested case proceedings, the Department of Environmental Quality may issue an order requiring compliance with the provisions of ORS 459A.820 to 459A.855. The department may bring an action against any producer or stewardship organization in violation of the provisions of ORS 459A…
The Department of Environmental Quality shall charge the following fees to be paid by a stewardship organization for administering ORS 459A.820 to 459A.855: $10,000 when the plan or updated plan specified in ORS 459A.827 is submitted to the Director of the Department of Environmental Quality; and $40,000 each year that an approved architectural paint stewa…
The Product Stewardship Fund is established, separate and distinct from the General Fund. Fees collected by the Department of Environmental Quality under ORS 459A.852 shall be deposited in the State Treasury to the credit of the Product Stewardship Fund. Interest earned by the Product Stewardship Fund shall be credited to the fund. Moneys in the fund are con…
The Legislative Assembly finds and declares that: Oregon’s statewide recovery rate, which seeks to preserve public health, safety and welfare and conserve energy and natural resources, has declined each year between 2013 and 2018, and that Oregon is not on track to meet the statewide waste recovery and generation goals pursuant to the measurement methodolog…
As used in ORS 459A.860 to 459A.975: “Brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trademark, that identifies a product and distinguishes the product from other products. “Commingled recycling” means the recycling or recovery of two or more materials that ar…
For purposes of ORS 459A.860 to 459A.975, the producer of a covered product shall be determined as follows: For items sold in packaging at a physical retail location in this state: If the item is sold in packaging under the manufacturer’s own brand or is sold in packaging that lacks identification of a brand, the producer of the packaging is the person tha…
Except as provided in subsection (4) of this section and ORS 459A.872, each producer must register with and be a member of a producer responsibility organization that administers a producer responsibility program. A producer is required to pay an annual membership fee to a producer responsibility organization as described in ORS 459A.884. Fees established u…
A small producer is exempt from the requirement to be a member of a producer responsibility organization under ORS 459A.869. The Environmental Quality Commission may adopt rules to exempt from the requirements of ORS 459A.869 producers that do not exceed a minimum market share of covered products sold in or into this state.
A producer responsibility organization shall submit to the Department of Environmental Quality, in a form and manner prescribed by the department, a plan for the development and implementation of a producer responsibility program. Using objective and measurable criteria whenever possible, a producer responsibility program plan must: Describe how the produc…
The Department of Environmental Quality shall approve, approve with conditions or reject a plan submitted under ORS 459A.875 or an amendment to a plan submitted under ORS 459A.881 no later than 120 days after the date on which the department receives the plan or plan amendment from the producer responsibility organization. The department shall approve a plan…
A producer responsibility organization shall submit an amendment to a producer responsibility program plan: When proposing to change an approved producer responsibility program plan as it relates to the producer responsibility organization’s obligations: Under ORS 459A.875 (2)(a), (g) to (i), (L) to (n), (p) or (q); or Under ORS 459A.914. When changing m…
A producer responsibility organization shall establish a schedule of membership fees to be paid by members of the organization. Membership fees established pursuant to this section must be sufficient to meet the financial obligations of the organization under ORS 459A.860 to 459A.975. Membership fees must be designed to differentiate between types of covered…
No later than July 1 of each year, a producer responsibility organization must submit to the Department of Environmental Quality for approval by the department an annual report on the development, implementation and operation of the producer responsibility program. The annual report must: Cover the prior calendar year; Present information in a manner that …
A producer responsibility organization shall, upon request, fund in advance or reimburse, as appropriate, the eligible expenses of a local government or the local government’s service provider for eligible costs as provided in this section. The costs of transporting covered products from a recycling depot or recycling reload facility to a commingled recycli…
A producer responsibility organization, in consultation with the Oregon Recycling System Advisory Council, shall develop educational resources and promotional campaigns to promote the uniform statewide collection list. Resources and campaigns developed under this section must include, but need not be limited to: A description of materials identified for rec…
A producer responsibility organization must provide for the collection and responsible recycling of covered products identified by the Environmental Quality Commission under ORS 459A.914 (1)(b), in a way that meets collection targets, convenience standards and performance standards established under ORS 459A.914, by: Where possible, first contracting with e…
The Oregon Recycling System Advisory Council is established. The council consists of 19 members appointed as follows: The President of the Senate shall appoint one member from among the members of the Senate, and the Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives, but the members appointe…
The Oregon Recycling System Advisory Council shall: Review activities related to ORS 459A.860 to 459A.975; Advise the Department of Environmental Quality and producer responsibility organizations on issues related to the implementation of ORS 459A.860 to 459A.975; Review producer responsibility program plans submitted under ORS 459A.875, plan amendments s…
As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility. A local government, the local government’s service provider or a commingled recyc…
A local government shall ensure that roll carts, bins and containers purchased by the local government’s service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer Resin Certification Program established by the Association of Plastic Recyclers…
A local government providing the opportunity to recycle must, for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties: Ensure adequate space for collection. Demonstrate a plan to ensure adequate space and access for collection vehicles after new construction or significant remodels. Update or…
The Environmental Quality Commission, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall by rule identify materials that are suitable for recycling collection in this state and the methods for collection of those materials. Rules adopted under this subsection must distinguish between: Materials…
The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials. In determining whether a covered product is a specifically identified material, the department shall consider criteria that include, bu…
The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposing covered products that are contaminants. The amount of the fee shall be based on t…
As used in this section: “Anticipated program cost” means all additional costs related to any new requirements of ORS 459A.860 to 459A.975 that are anticipated prior to the next review of the processor commodity risk fee under subsection (6) of this section. “Average commodity value” means the average revenue paid by brokers or end markets, after processin…
As used in this section: “Plastic” means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid and other similar polymers. “Plastic” does not include materials commonly referred to as rubber or materials that are naturally produced polymers, such as proteins or starches. It is the goal of the State of …
The Department of Environmental Quality shall: Establish statewide recycling contamination reduction goals. Evaluate the relative cost-effectiveness of different educational programs and other methods for reducing contamination. Establish and maintain a list of approved contamination reduction program elements, including: Customer-facing contamination re…
The Department of Environmental Quality, in consultation with local governments and the Oregon Recycling System Advisory Council, shall conduct a study of equity in Oregon’s recycling system to determine conditions and make recommendations, including goals to achieve continuous improvement. The department shall provide public involvement opportunities for un…
The Department of Environmental Quality, in consultation with the Oregon Recycling System Advisory Council, shall conduct a statewide needs assessment to determine the challenges facing residents of multifamily housing and make recommendations for improvements to allow for effective and equitable recycling opportunities for residents of multifamily housing. …
The Environmental Quality Commission shall establish the following fees: A fixed, one-time fee for reviewing a producer responsibility program plan submitted under ORS 459A.875. Subject to subparagraph (B) of this paragraph, an annual fee charged to each producer responsibility organization for the purpose of paying the costs to the Department of Environme…
As used in this section, “public body” has the meaning given that term in ORS 174.109. The Department of Environmental Quality shall establish a program to reduce the environmental impacts of covered products through means other than waste recovery, including waste prevention and reuse. The department may enter into agreements with public bodies to establis…
The Environmental Quality Commission shall establish by rule standards for the evaluation and disclosure of the environmental impacts of covered products through the life cycle of the products. Rules adopted under this section must: Establish procedures and requirements to be used by producers when evaluating the life cycle impacts of covered products to ob…
The Producer Responsibility Fund is established, separate and distinct from the General Fund. The Producer Responsibility Fund consists of moneys deposited into the fund under ORS 459A.938 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Producer Responsibility Fund are continuously appropriated to the Departm…
The Waste Prevention and Reuse Fund is established, separate and distinct from the General Fund. The Waste Prevention and Reuse Fund consists of moneys deposited into the fund under ORS 459A.941 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Waste Prevention and Reuse Fund are continuously appropriated to th…
On or after the date established by the Environmental Quality Commission under subsection (3) of this section, a person may not establish or operate a commingled recycling processing facility in this state unless the person obtains a disposal site permit issued by the Department of Environmental Quality under ORS 459.205. A disposal site permit issued to a …
The Department of Environmental Quality shall establish a program or approve a program established by a third party to certify commingled recycling processing facilities located outside of Oregon. The department may issue certificates under the program or develop a list of approved contractors to issue certificates. A commingled recycling processing facilit…
The Department of Environmental Quality shall establish forms and procedures for commingled recycling processing and recycling reload facilities to evaluate and describe levels of inbound contamination. Information described in subsection (1) of this section shall be provided to the department and local governments or local governments’ service providers re…
The Department of Environmental Quality shall have the power to enter upon and inspect, at any reasonable time, any public or private property, premises or place for the purpose of investigating either an actual or suspected violation of ORS 459A.860 to 459A.975 or rules adopted under ORS 459A.860 to 459A.975. A producer responsibility organization shall re…
A person that operates or controls a collection program for yard debris or food waste or that operates or controls a compost facility may not promote for acceptance any material that cannot or will not be effectively composted. The Department of Environmental Quality, or entities approved by the department, may conduct research or pilot projects to examine …
The Legislative Assembly declares that the collaboration of producers through producer responsibility organizations to develop and implement producer responsibility program plans is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in a producer responsibility organization to implement a producer …
The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.860 to 459A.975. [2021 c.681 §43] (Development of Recommendations on Producer Responsibility Requirements) Note: Sections 26, 26a, 43a, 44a and 58 (3) and (4), chapter 681, Oregon Laws 2021, provide: Sec. 26. Evaluation of federal laws. (1) The Department of Environmen…