Oregon Law
Law as of Jan 1, 2024
Chapter contents
459A.005“Opportunity to recycle” defined 459A.007Opportunity to recycle program elements; local government fee 459A.008Expanded education and promotion program 459A.010Policy; statewide goals; recovery rates 459A.012Alternative recovery rate calculation methods; rules 459A.015Commission duties 459A.020Statewide integrated solid waste management plan; review; revision 459A.025Adoption of rules regarding waste disposal and recycling 459A.027Legislative findings 459A.029Provision of materials to local governments; commercial generator recovery rate goal 459A.030Technical assistance to local governments 459A.035Solid waste composition study 459A.040[1991 c.385 §93; repealed by 1997 c.552 §40] 459A.045Request for modification or variance 459A.050Recycling reports 459A.055Variance or request for extension to provide opportunity to recycle 459A.060[1991 c.385 §4; 1997 c.552 §15; repealed by 2001 c.513 §6] 459A.065Mandatory participation in recycling 459A.070Limitation on amount charged person who source separates recyclable material 459A.075Exemptions 459A.080Prohibitions against removing or mixing recyclable material; rules 459A.085City, county authority to issue collection service franchises; opportunity to recycle; rates 459A.100Definitions for ORS 459A.100 to 459A.120 459A.105Policy 459A.110Additional fees for programs for reduction of waste and environmental risks; assessment 459A.115[1991 c.385 §13a; 1993 c.560 §88; repealed by 2015 c.662 §5] 459A.120Use of additional fees 459A.125Maximum amount of additional fee; adjustments 459A.130Rebate of additional fee to economically distressed counties 459A.150Legislative findings; policy 459A.153Definitions 459A.156Requirement to participate in mattress stewardship program; program information; mattress stewardship assessment 459A.159Mattress stewardship program plan; requirements 459A.162Service requirements 459A.165Approval of mattress stewardship program plan or amendment; revocation; additional reporting requirements 459A.168Amendments to mattress stewardship program plan; notice of changes to plan 459A.171Reapproval of mattress stewardship program plan 459A.174Annual report; budget; additional reports; performance audit; fees 459A.177Mattress stewardship program advisory committee 459A.180Inspection by Department of Environmental Quality 459A.183Mattress Stewardship Fund 459A.186Application of antitrust laws 459A.189Rules 459A.200Definitions 459A.203Requirement to participate in drug take-back program; rules; fines 459A.206Organization of program operator 459A.209Plan for drug take-back program; requirements; approval; updated plans 459A.212Changes to program; preapproval; notification; rules 459A.215Authorized collectors; rules 459A.218Drop-off sites; rules 459A.221Covered drug collection events 459A.224Disposal of covered drugs 459A.227Public awareness 459A.230Annual report 459A.233Costs of participation in drug take-back program 459A.236Inspection and audit 459A.239Enforcement; civil penalties 459A.242Fees 459A.245Secure Drug Take-Back Account 459A.248Liability 459A.251Application of antitrust laws 459A.254Confidentiality 459A.257Nonapplicability of Uniform Controlled Substances Act 459A.260State preemption of local laws 459A.263Interagency agreements 459A.266Rules 459A.300Legislative findings 459A.305Definitions for ORS 459A.305 to 459A.355 459A.310Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers 459A.315Registration by manufacturer; fees 459A.320Manufacturer program plan; state contractor program 459A.321Approval of electronics producer responsibility plan 459A.322Recycling credits; reporting; rules 459A.323Coordinating body; manufacturer obligation 459A.325Recycling fee for manufacturer participating in state contractor program 459A.327Education and public awareness 459A.330Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception 459A.332Submission of information to Department of Environmental Quality; confidentiality 459A.334Fees 459A.335Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices 459A.340Duties of department 459A.345Rules 459A.350Disposition of fees 459A.353Application of antitrust laws 459A.355Covered Electronic Devices Account; interest; uses 459A.360Evaluation by department of certain federal laws 459A.365City and county regulation of collection of solid waste 459A.475Legislative findings; policy 459A.480State agency recycling program; requirements; training 459A.485System and procedures for separation and collection of solid waste; rules; exemption 459A.490Paper conservation 459A.500Definitions for ORS 459A.500 to 459A.520 459A.505Minimum recycled content for newsprint 459A.510Report to consumer of amount of post-consumer waste in shipment 459A.515Annual report to department; content 459A.520Minimum recycled content for directories 459A.550Report on use of new and recycled glass; minimum percentage of recycled glass required 459A.552Recycling and recovery of used oil; goal 459A.554Reduction, reuse and recovery of used oil 459A.555Definitions for ORS 459A.552 to 459A.599 459A.560Legislative findings 459A.565Used oil to be collected and recycled 459A.570Used oil information center; public education 459A.575Oil recycling information to be posted; rules 459A.580Prohibited disposal of used oil 459A.585Enforcement powers of commission 459A.590Use, management, disposal and resource recovery; rules 459A.595Use for dust suppression or as herbicide 459A.599Short title 459A.600“Compost” defined 459A.605Rules for purchase of compost and sewage sludge by state 459A.610[1991 c.385 §22; repealed by 1993 c.560 §107] 459A.615Programs to use compost and sewage sludge 459A.620Use of compost or sewage sludge by state agencies given priority 459A.630Motor vehicle mercury light switches 459A.650Definitions for ORS 459A.650 to 459A.665 459A.655Minimum reuse, recycled material or recycled content for rigid plastic containers 459A.657Recycling rate; hearings on decreased rate 459A.660Manufacturer records; certification by package manufacturer; exempt containers 459A.665Opportunity to recycle rigid plastic containers 459A.675[1991 c.385 §86; 1993 c.560 §99; repealed by 2021 c.681 §58] 459A.680[1991 c.385 §87; 1993 c.560 §100; repealed by 2021 c.681 §58] 459A.685[1991 c.385 §88; repealed by 2021 c.681 §58] 459A.695[Formerly 459.419; repealed by 2019 c.434 §7] 459A.700Definitions for ORS 459A.700 to 459A.744 459A.702Applicability of ORS 459A.700 to 459A.744 459A.705Refund value 459A.710Practices required of dealers and distributors 459A.711Space occupied by dealer described 459A.712Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers 459A.715Refusal of dealer or distributor to accept or pay refund in certain cases; notice 459A.716Return with intent to defraud 459A.717Civil penalties 459A.718Distributor cooperatives; requirements; beverage container registry; compliance; report; rules 459A.720Indication of refund value; exception; prohibition of certain metal containers and plastic container holders 459A.725Certification of containers as reusable by more than one manufacturer; rules 459A.730Decision upon certification applications; review and withdrawal of certifications 459A.732Requirements for certain distributors; fees 459A.733Fees for certain distributors; distributor cooperative fee 459A.735Full-service redemption centers; application for approval; contents of approval order; notice 459A.737Full-service redemption centers; registration; fees; rules 459A.738Convenience zones 459A.739[2015 c.724 §4; 2019 c.13 §51; renumbered 459A.742 in 2019] 459A.740[Formerly 459.890; renumbered 459A.743 in 2019] 459A.741Dealer redemption centers 459A.742Inspection authority 459A.743Certification and withdrawal procedures 459A.744Bottle Bill Fund 459A.750Recycling and waste reduction component of curriculum; teacher’s guide; informational materials 459A.755Definitions 459A.757Prohibition on provision of certain checkout bags; exceptions 459A.759State preemption of certain local provisions 459A.775“State agency” defined 459A.780Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions 459A.785Effective recycling program; standards for determining 459A.820Findings 459A.822Definitions for ORS 459A.820 to 459A.855 459A.825Participation in architectural paint stewardship program 459A.827Plan for architectural paint stewardship program; requirements; exemptions; assessment 459A.830Collection system for post-consumer architectural paint; requirements; exemptions 459A.832Approval or denial of new or updated plans for architectural paint stewardship programs 459A.835Approval for amendment or update to plan for architectural paint stewardship program 459A.837Notification regarding changes to architectural paint stewardship program 459A.840Conduct authorized; supervision by Department of Environmental Quality; rules 459A.842Reports by stewardship organizations 459A.845Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected 459A.847Data disclosure 459A.850Orders; actions 459A.852Fees 459A.855Product Stewardship Fund; sources; uses 459A.860Legislative findings 459A.863Definitions 459A.866Determining producers of covered products 459A.869Requirements for producers and producer responsibility organizations; rules 459A.872Exemptions; rules 459A.875Producer responsibility program plan 459A.878Approval of producer responsibility program plan 459A.881Producer responsibility program plan amendments 459A.884Membership fees charged by producer responsibility organization 459A.887Annual report; materials disposition report 459A.890Compensation to local governments; needs assessment; rules 459A.893Development of educational resources; promotional campaigns 459A.896Other duties of producer responsibility organization 459A.899Oregon Recycling System Advisory Council 459A.902Duties of council 459A.905Prohibition on delivery of commingled recyclables to certain facilities 459A.908Roll carts 459A.911Other duties of local governments 459A.914Uniform statewide collection list; producer-collected materials; rules 459A.917Specifically identified materials 459A.920Contamination management fee; rules 459A.923Processor commodity risk fee; rules 459A.926Recycling rate of plastic 459A.929Contamination reduction 459A.932Equity study 459A.935Multifamily housing needs assessment 459A.938Fees 459A.941Waste prevention and reuse; rules 459A.944Life cycle evaluation; rules 459A.947Producer Responsibility Fund 459A.950Waste Prevention and Reuse Fund 459A.955Permit required for commingled recycling processing facility; rules 459A.956Certification program 459A.959Contamination 459A.962Enforcement and record keeping 459A.965Prohibition on promoting acceptance of certain materials for composting; pilot programs 459A.968Application of antitrust laws 459A.975Rules

Chapter 459A — Reuse and Recycling

ORS 459A.353 Application of antitrust laws

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 Legislative Assembly declares its intent that participation in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in electronics producer responsibility programs as required by ORS 459A.305 to 459A.355 from federal antitrust laws. This section does not authorize any person to engage in activities or to conspire to engage in activities that constitute per se violations of state or federal antitrust laws that are not authorized under ORS 459A.305 to 459A.355.

Note: 459A.353 becomes operative January 1, 2026,

and applies to electronics producer responsibility program plans submitted to the Department of Environmental Quality pursuant to section 21, chapter 259, Oregon Laws 2023. See sections 20 and 21, chapter 259, Oregon Laws 2023.

Note: See note under 459A.300.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.