Oregon Administrative Code

340-081-0010 Definitions As used in these rules, unless otherwise required by context: (1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. Department actions shall be taken by the Director as defined herein.…

340-081-0015 Eligible Projects Projects eligible to receive financial assistance under these rules shall be: (1) Sewerage facilities as defined in OAR 340-081-0010 unless otherwise provided by law; and (2) Self supporting and self liquidating from revenues, gifts, grants from the…

340-081-0020 Eligible Costs Costs for planning, design, implementation, construction, essential land acquisition, financing and loan issuance costs, and related fiscal and legal costs may be included as eligible costs for projects receiving financial assistance unless otherwise p…

340-081-0026 Nature and Limitations of Financial Assistance (1) Unless otherwise approved by the Legislature, Legislative Ways and Means Committee or Legislative Emergency Board, financial assistance shall be limited to loans. (2) Loans secured by means other than sale of General…

340-081-0031 Preliminary Request for Financial Assistance (1) Public agencies desiring to receive financial assistance from the Department shall file a preliminary application. This application will set forth: (a) A description of the project for which funding assistance is desir…

340-081-0036 Prioritization of Preliminary Applications (1) If it appears that the potential requests for financial assistance may exceed the funds available, the Department shall notify potential applicants of the deadline for submitting preliminary applications to receive consi…

340-081-0041 Priority Point Schedule The priority points for each project shall be the total of the points assigned as follows: (1) Water pollution control regulatory emphasis — priority points will be the point value for regulatory emphasis as set forth in OAR 340-053-0015 (Tabl…

340-081-0046 Execution of Loan Agreement The loan agreement shall at a minimum specify: (1) The specific purpose for which funds are advanced. (2) The security to be provided. (3) The schedule for payment of interest and principal. (4) The source of funds to be pledged for repaym…

340-081-0051 Loan Closing (1) Upon final signature of the loan agreement by both the public agency and the Department, funds will be advanced in accordance with the terms of the loan agreement. (2) The Department may schedule final signature and advancement of funds as necessary …

340-081-0100 Rejection of Applications (1) The Department may reject any loan application if: (a) The security proposed is judged to be inadequate to protect the state’s interest, or the project does not appear to be conservatively self-supporting and self-liquidating from revenu…

340-081-0110 Assessment Deferral Loan Program Revolving Fund Purpose. The Department will establish and administer an Assessment Deferral Loan Program Revolving Fund for the purpose of providing assistance to property owners who will experience extreme financial hardship from pay…

340-082-0005 Purpose The purpose of these rules is to prescribe requirements and procedures for obtaining state financial assistance for planning and construction of pollution control facilities for the disposal of solid waste pursuant to Article XI-H of the Oregon Constitution, …

340-082-0010 Definitions As used in these rules unless otherwise required by context: (1) “Department” means Department of Environmental Quality. Department actions shall be taken by the Director as defined herein. (2) “Commission” means Environmental Quality Commission. (3) “Dir…

340-082-0015 Eligible Projects and Project Priorities Projects eligible for state financial assistance under ORS 468.220 and priority ranking of such eligible projects will be based on the following criteria approved by the Commission: (1) Projects eligible for state financial as…

340-082-0020 Eligible Costs Eligible costs for state assistance for planning and construction of pollution control facilities for the disposal of solid wastes shall include but not necessarily be limited to: (1) Land acquisition limited to that minimum amount of land necessary to…

340-082-0025 Special Considerations on Eligible Costs For Equipment Equipment purchases for solid waste disposal facilities with state assistance shall be given special consideration. Intended equipment purchases shall be itemized in the grant-loan application and the applicabili…

340-082-0030 Application Documents The representative of an agency wishing to apply for state financial assistance under these regulations shall submit to the Department three signed copies of each of the following completed documents: (1) Department Solid Waste Management Projec…

340-082-0035 Application Review Application documents will be reviewed by the Department staff to determine that: the proposed facilities for which state funds are requested are eligible under these regulations and applicable Oregon statutes; the proposed sources of local revenue…

340-082-0040 Loan or Obligation Purchase Agreement (1) Following review and approval of the application documents and final construction plans and specifications by the Department and legal authorization by the governing body of the agency or its electorate, if necessary, to ente…

340-082-0045 Construction Bid Documents Required Following receipt of construction bids, the agency shall submit three copies each of the following documents to the Department for review and approval of contract award: tabulation of all bids received; engineer’s analysis of bids;…

340-082-0050 Advancement of Loan or Obligation Purchase Funds (1) Upon receipt of three copies of the executed construction contract and the loan or obligation purchase agreement, the Department will approve the final loan amount and authorize the Treasury Department to advance t…

340-082-0055 Advancement of State Grant Funds Depending on priority ranking as determined by the Department and the current availability of EPA or other federal grant funds, a project may receive a state grant in an amount not to exceed 30 percent of the total eligible project co…

340-083-0010 Purpose and Scope These rules implement: (1) ORS 459A.120(2) as amended by Section 7, Chapter 662, Oregon Laws 2015, to provide grants for activities to reduce the environmental and human health impacts of materials at all stages of their life cycles; and (2) ORS 459…

340-083-0020 Definitions The definitions in ORS 459.005 and this rule apply to this division. If the same term is defined in this rule and ORS 459.005, the definition in this rule applies to this division. (1) "Applicant" — The person applying for a grant. (2) “DEQ” — The Departm…

340-083-0030 Eligible Applicants Any person may apply for a materials management grant. Statutory/Other Authority: ORS 45A.025 & 468.020 Statutes/Other Implemented: ORS 459A.120 History: DEQ 2-2016, f. & cert. ef. 2-4-16 DEQ 7-2000, f. & cert. ef. 6-2-00 DEQ 6-1991, f. & cert. ef…

340-083-0040 Eligible Projects DEQ may award grants for any of the following activities: (1) Activities to reduce the environmental and human health impacts of materials at all stages of their life cycles, such as: (a) Promoting and enhancing waste reuse and prevention, recycling…

340-083-0050 Ineligible Activities and Costs Grant funds may not be used for: (1) Disposal site engineering, design or hydrogeologic study required by DEQ permit or enforcement action. (2) Costs for which payment has been or will be received under another financial assistance pro…

340-083-0070 Procedures for Awarding Grants (1) DEQ shall determine the amount of funds available for grants, if any, at least once per biennium. (2) DEQ shall establish and publish notice of deadlines to submit grant applications, including the criteria for their evaluation. The…

340-083-0080 Application Procedures An applicant must provide a complete application for each grant applied for. Application must be made on a form DEQ provides. Each application must include: (1) Applicant’s contact information; (2) Description of the project and the expected ou…

340-083-0090 Review and Approval (1) DEQ shall review and approve or deny each grant application that meets the following criteria: (a) Application must be complete and submitted by the application deadline; and (b) Project must be eligible under these rules. (2) DEQ will award g…

340-083-0100 Grant Agreements and Conditions (1) Following approval and selection of the application, DEQ and the applicant shall enter into an agreement. The agreement must include but is not limited to the following: (a) Statement of work and schedule; (b) Requirements of progr…

340-083-0500 Rebates to Distressed Counties (1) By September 30 of each year beginning in 2016, DEQ shall provide a partial rebate of the fees authorized under ORS 459A.110 to the nine most economically distressed counties in Oregon. (2) DEQ shall annually identify the counties t…

340-083-0510 Distressed County Index (1) The Distressed County Index is calculated by multiplying together the following four composite factors using the latest data available on the date of calculation: (a) The state's unemployment rate divided by the county's unemployment rate …

340-083-0520 Tonnage Calculation (1) As used in this rule and OAR 340-083-0530, “solid waste disposed” means the total weight of solid waste received for final disposal or destruction other than the following: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Waste disp…

340-083-0530 Payments to Economically-Distressed Counties (1) For the nine most economically-distressed counties identified in OAR 340-083-0510, the rebate paid to the county as specified in OAR 340-083-0500 (1) is $0.28 multiplied by the “adjusted tonnage disposed” for that coun…

340-090-0005 Purpose OAR 340-090-0005 to 0510 establish the minimum requirements for providing the opportunity to recycle. These rules also describe the standards for waste prevention, reuse, recovery, and recycling programs in Oregon. The rules are adopted under the authority of…

340-090-0010 Definitions The definitions in this rule apply to OAR 340-090-0005 to 0510, and OAR Chapter 340 Division 91. Unless otherwise specified: (1) "Affected person" means a person or entity involved in the solid waste collection service process including but not limited to…

340-090-0015 Scope and Applicability (1) OAR 340-090-0005 to 0510 describes the requirements for waste reduction and recycling programs for residential and commercial solid wastes. (2) The requirements in OAR 340-090-0005 to 0510 apply to local governments generally and where spe…

340-090-0020 Opportunity to Recycle The opportunity to recycle as set forth in ORS 459A.005, 459A.007, 459A.008 and 459A.010, includes at a minimum the requirements described in OAR 340-090-0030, 340-090-0040, 340-090-0042, and 340-090-0050. The appropriate city, county, or metro…

340-090-0030 General Requirements (1) The city, county, or metropolitan service district responsible for solid waste management must ensure that a place for collecting source separated recyclable materials identified in OAR 340-090-0630(4)(a) is located at each permitted disposal…

340-090-0040 Local Government Recycling Program Elements (1) In addition to the minimum requirements in OAR 340-090-0030 and 340-090-0042, each city with a population of 4,000 or more and any county responsible for the area between the city limits and the urban growth boundary of…

340-090-0042 Waste Prevention and Reuse Programs (1) As required by ORS 459A.007, certain local governments must implement the waste prevention education and reuse program element listed in section (2) in this rule and choose two or four additional elements from sections (3) thro…

340-090-0050 Wasteshed Designation and Recovery Rates This rule defines the wastesheds, as designated in ORS 459A.010, and states the recovery goal for each wasteshed to achieve and maintain: (1) Baker wasteshed is all of the area within Baker County and has a recovery rate goal …

340-090-0060 Determination of Wasteshed and Overall Statewide Recovery Rates (1) DEQ may calculate recovery rates for the wastesheds listed in OAR 340-090-0050 by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the tot…

340-090-0068 Determination of Material-Specific Recovery Rates (1) DEQ must determine the recovery rate for each material specified in ORS 459A.010(1)(c) based on the amount of that material that is recovered from within Oregon each year, divided by the amount of that material th…

340-090-0080 Alternative Methods for Providing the Opportunity to Recycle This rule describes the necessary procedures and requirements that a city, county, metropolitan service district, or disposal site permittee on behalf of an out-of-state person must follow in order to reque…

340-090-0090 Collection of Recyclable Materials (1) DEQ may not require any city, county, or metropolitan service district, or agent thereof, to collect or receive source separated recyclable material which has not been correctly prepared to reasonable specifications which relate…

340-090-0100 Reporting Requirements The information in this rule is reported in order to determine statewide and local wasteshed recovery rates, to determine compliance with the opportunity to recycle requirements and to provide accurate and comprehensive information on the type …

340-090-0110 Minimum Content Reporting Requirements The following information must be reported to DEQ by February 28 of each year for the previous calendar year by the applicable person on a form DEQ provides: (1) Each consumer of newsprint in Oregon must report the following inf…

340-090-0120 Confidential Information This rule describes and clarifies which information submitted to DEQ under the requirements of OAR 340-090-0100 DEQ must handle as confidential and the procedures for maintaining confidentiality. (1) DEQ must maintain as confidential informat…