Oregon Administrative Code

340-090-0130 Fair Market Value Exemption (1) To qualify for exemption under ORS 459A.075 a source-separated recyclable material must be: (a) Source-separated by the generator; and (b) Purchased from or exchanged by the generator for fair market value for recycling or reuse. (2) I…

340-090-0140 Recyclable Material Economic Test This rule describes the factors that DEQ must consider in determining if a material can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material. (1) DEQ must ca…

340-090-0150 Due Consideration (1) In determining who must provide the opportunity to recycle, a city or county must first give due consideration to any person lawfully providing recycling or collection service on June 1, 1983, if the person continues to provide the service until…

340-090-0180 Used Oil Recycling Signs (1) Retail sellers of more than 500 gallons of lubrication or other oil annually in containers for use off premises must post and maintain durable and legible signs. (2) Retail sellers must print and provide their own signs. The signs must co…

340-090-0190 Yard Debris Recycling Charges (1) The EQC’s purpose in adopting this rule governing when a fee may be charged for yard debris recycling services is to: (a) Ensure that a financial disincentive for recycling is not created for any waste generator; (b) Increase recover…

340-090-0310 Rigid Plastic Containers: Purpose The following administrative rules, OAR 340-090-0320 - 0430, are intended to establish the minimum requirements for implementing the Oregon Rigid Plastic Container Recycling Law, ORS 459A.650 through 680. The Commission's purposes in…

340-090-0320 Definitions As used in OAR 340-090-0310 through 430 and in OAR 340-012-0042 unless otherwise specified: (1) "Container manufacturer" means the producer or generator of a rigid plastic container for a packaged product that is sold or offered for sale in Oregon. A "con…

340-090-0330 Rigid Plastic Containers (1) A rigid plastic container is a plastic bottle, jar, cup, tub, pail, "clamshell" container, or other plastic container which meets the following criteria: (a) Is designed to hold a product for sale; (b) Has a volume of not less than eight …

340-090-0340 Exempt Rigid Plastic Containers (1) Rigid plastic containers that meet one of the sets of criteria in sections (2) through (7) of this rule are exempt from the requirements of OAR 340-090-0350 through -0370. (2) The product in the rigid plastic container is one of th…

340-090-0350 Compliance Standards (1) Except as provided in OAR 340-090-0340, by January 1, 1995, any rigid plastic container sold, offered for sale, or used in association with the sale or offer for sale of products in Oregon must comply with one of the following: (a) Have at le…

340-090-0360 Recycled Content Compliance (1) A rigid plastic container must have at least 25% recycled content by January 1, 1995 to comply with OAR 340-090-0350(1)(a). (2)(a) A container manufacturer must determine the recycled content of an individual rigid plastic container as…

340-090-0370 Recycling Rate Compliance A rigid plastic container may comply with OAR 340-090-0350(1)(b) by meeting one of the following criteria: (1) The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340…

340-090-0380 Recycling Rate Calculation for Rigid Plastic Containers (1) The recycling rate for rigid plastic containers must be calculated as one of the following: (a) Aggregate or specified resin type recycling rate for compliance purposes; (b) Calendar year aggregate recycling…

340-090-0390 Waste Composition (1) A waste composition study DEQ undertakes must consist of a representative, statistically valid sampling of Oregon's municipal solid waste. DEQ must design a protocol of standards and procedures which relate to: (a) Developing a representative sa…

340-090-0400 Responsibilities of a Product Manufacturer (1)(a) A product manufacturer must be able to document that a rigid plastic container or containers comply with either the requirements of OAR 340-090-0350 or with one of the exemptions set out in OAR 340-090-0340; (b) For a…

340-090-0410 Responsibilities of a Container Manufacturer (1)(a) A container manufacturer must be able to document that a rigid plastic container or containers comply with the requirements of OAR 340-090-0350(1)(a), (1)(b)(A), or (1)(b)(B); (b) For any calendar year for which DEQ…

340-090-0420 Confidential Information Procedure (1) DEQ may not disclose to the public records provided to DEQ if: (a) The records contain trade secrets as defined in ORS 192.501(2) or 646.461(2); (b) The records, or the applicable portions thereof, are clearly identified as trad…

340-090-0430 Violations (1) Violations of these rules are punishable as provided in ORS Chapter 459.995 and pursuant to OAR 340-012-0042 and 0065. (2) DEQ may not enforce the provisions of ORS 459A.650 to 459A.660 during the first full calendar year after DEQ determines for the f…

340-090-0510 Mercury Thermostat Labeling The following administrative rule establishes standards for labeling mercury-containing thermostats as ORS 459.045(3)(b) requires relating to the implementation of ORS 646.608(1)(y). The purpose of this rule is to provide sufficient inform…

340-090-0600 Purpose and Applicability OAR 340-090-0610 to 0810 implement the Plastic Pollution and Recycling Modernization Act, ORS 459A.860 to 459A.975. These rules also describe Producer Responsibility Organization obligations, standards and methods for local government compen…

340-090-0610 Definitions Unless the context requires otherwise, terms used in OAR 340-090-0610 to 0810 have the meanings provided by 459A.863. Statutory/Other Authority: ORS 459A.975 & 468.020 Statutes/Other Implemented: ORS 459A.860 - 459A.975 History: DEQ 18-2023, adopt filed 1…

340-090-0620 Effective Date (1) The following rules which relate to requirements of a producer responsibility organization plan are effective upon filing with the Secretary of State: (a) OAR 340-090-0640(2)(e)(F), (2)(h) and (6). (b) OAR 340-090-0650(1)(a), (1)(e) and (2)(b). (c)…

340-090-0630 Recycling Acceptance Lists (1) Recycling list definitions. For purposes of the recycling acceptance lists under sections 2 and 3 of this rule, the terms below have the following meanings: (a) “Aerosol can” has the same meaning found in 40 CFR 273.9. (b) “Aseptic cart…

340-090-0640 Convenience Standards (1) For purposes of ORS 495A.896(1) and this rule: (a) An existing recycling depot or drop off center is any place located in Oregon that accepts any recyclable material from the general public at the time the producer responsibility organizatio…

340-090-0650 Performance Standards (1) Performance standards generally. In providing for the collection and responsible recycling of covered products pursuant to ORS 459A.896(1), a producer responsibility organization must ensure that the following performance standards are met: …

340-090-0660 Collection Targets (1) Collection Targets Generally. A collection target or collection rate is a percentage of total amount of a material generated and is calculated using weight. (a) For each material on the producer responsibility organization recycling acceptance …

340-090-0670 Responsible End Markets (1) Definition of end market. For purposes of ORS 459A.869(7) and ORS 459A.896(2)(a), end markets are defined by material as follows: (a) For glass the end market is the entity that first uses the glass in lieu of a virgin material downstream …

340-090-0680 Producer Responsibility Organization Coordination (1) Interim coordination. (a) For the initial program period, if DEQ receives program plans from multiple prospective producer responsibility organizations, DEQ may appoint an interim coordinator to coordinate among t…

340-090-0690 Producer Responsibility Organization Fees (1) Program Plan Review Fee. Each applicant producer responsibility organization that submits a plan under ORS 459A.875 will pay a fee of $150,000 for DEQ’s review of the plan. An applicant producer responsibility organizatio…

340-090-0700 Market Share Market share as used in ORS 459A.860 to 968 and related rules is a producer’s percentage of all covered products sold in or into this state, as calculated in accordance with this rule. (1) Methods for Calculating Market Share. Market share will be calcul…

340-090-0710 Proprietary Information (1) For purposes of ORS 459A.860 to 975 “proprietary information” is information protected as a trade secret under the Uniform Trade Secrets Act. (2) A party providing information to DEQ that it considers proprietary or otherwise confidential …

340-090-0720 Program Calendar (1) The first three-year producer responsibility program plan period will include the 2025, 2026, and 2027 calendar years. It will run from July 1, 2025 (or earlier in 2025, if stipulated in approved program plan) to December 31, 2027. (2) Subsequent…

340-090-0730 Producer responsibility organizations with less than 10 percent market share (1) If DEQ determines that a producer responsibility organization’s market share has fallen below the 10 percent threshold provided by ORS 459A.869(12), DEQ shall: (a) Issue notification to …

340-090-0740 Reporting for plastic goal To enable DEQ to assess progress toward the statewide plastic recycling goal, a producer responsibility organization’s annual reporting of the weight of plastic packaging and food serviceware sold in Oregon by member producers, required und…

340-090-0750 Program plan amendments and producer responsibility organization fees (1) A producer responsibility organization's routine, annual updating of base fee rate amounts to align with the most recent supply information received from member producers or updated material co…

340-090-0760 Producer responsibility organization membership fees A material is accepted by recycling collection programs in this state, for the purpose of ORS 459A.884(3), only if it is designated by rule on the Local Government Recycling Acceptance List, pursuant to OAR 340-090…

340-090-0770 Local Government Transportation Costs Reimbursement (1) A producer responsibility organization must pay the costs of transporting covered products from a recycling depot or recycling reload facility to a commingled recycling processing facility or a responsible end m…

340-090-0780 Method for Determining Payment of Transportation Costs (1) A producer responsibility organization must include in a program plan submitted under ORS 459A.875 methods for calculating transportation costs. (a) Methods may include rate schedules or zonal maps specific t…

340-090-0790 Expansion of Service (1) The program plan must describe how the producer responsibility organization will implement the requirements of ORS 459A.890(5), this section and OAR 340-090-0800. The producer responsibility plan must include: (a) A schedule for implementing …

340-090-0800 Expansion of Service Funding and Needs Assessment (1) Costs associated with the expansion and provision of recycling collection service for covered products, as provided by ORS 459A.890(5) are eligible costs for funding or reimbursement by a producer responsibility o…

340-090-0810 Local Government Compensation and Invoicing (1) A local government, a local government’s service provider, or other person authorized by a local government to receive payment, may request advanced funding or reimbursement of costs pursuant to ORS 459A.890. (a) A prod…

340-090-0820 Processor Commodity Risk Fee Under ORS 459A.923, a producer responsibility organization shall pay a commingled recycling process facility a processor commodity risk fee as provided by this rule. (1) Calculation of fee. The processor commodity risk fee shall be the to…

340-090-0830 Contamination Management Fee A producer responsibility organization shall pay a commingled recycling processing facility that meets the requirements of ORS 459A.905(2)(a) for the cost of removing and disposing of covered products that are contaminants as provided by …

340-090-0840 Covered Products (1) Food serviceware and packaging. For purposes of ORS 459A.863(7) and (18): (a) Packaging includes materials used in storage. A storage item is an item purchased empty and used for storage of other material, including but not limited to file boxes …

340-090-0850 2024 Producer Responsibility Organization Annual Reporting A producer responsibility organization must include in its annual report for 2025 an addendum that provides a complete accounting of costs incurred in 2024 relating to activities described in ORS 459A.887(2)(…

340-090-0860 Producer Definitions (1) Tiered producer definition for items sold in packaging at a physical retail location in this state. For purposes of ORS 459A.866(1)(a): (a) A person that manufactures a packaged item includes a person that directs the manufacturing of the ite…

340-090-0870 Producer Pre-Registration A producer that intends to sell, offer for sale or distribute covered products in or into this state on or after July 1, 2025 must pre-register with and submit data on covered products sold in or into the state in 2024 to a producer responsi…

340-090-0900 Life Cycle Evaluation Definitions Terms used in OAR 340-090-0910 to 0940 have the meanings provided by this rule. (1) Allocation has the meaning provided by ISO 14044:2016: partitioning the input or output flows of a process or a product system between the product sy…

340-090-0910 Scope and Applicability (1) OAR 340-090-0900 to 0940 are collectively referred to as the life cycle evaluation or LCE rules. The LCE rules implement ORS 459A.944 and provide standards for the evaluation and disclosure of the environmental impacts of covered products …

340-090-0920 Project Report All life cycle evaluations under the LCE rules must be documented in a project report in accordance with this rule. This report must include the contents specified in Section 1 and conform to the general requirements in ISO 14044:2006 § 5.1 and 14044:2…