Chapter 459A — Chapter 459A
217 sections in this chapter.
ORS 459A.005 (1) 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
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(a)(A) Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location mo…
ORS 459A.007 Opportunity to recycle program elements; local government fee. (1) A person providing the opportunity to recycle shall fulfill the requirements of subsection (3) of this section using the following recycling program elements
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(a) Provision of at least one durable recycling container to each residential service customer. (b) On-route collection at least once each week of source separated recyclable material from residential collection service customers, provided on the same day that solid waste is coll…
ORS 459A.008 Expanded education and promotion program. 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 or metropolitan service district responsible for providing an opportunity to recycle shall provide the education and promotion program in one of the following ways
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(1)(a) Preparing and implementing an education and promotion plan that includes actions to effectively reach solid waste generators and all new and existing collection service customers as necessary to fulfill the intent of this section. (b) The plan described in paragraph (a) of…
ORS 459A.010 Policy; statewide goals; recovery rates. (1) 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
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(a) For the calendar year 2009 and subsequent years, there be no annual increase in total general solid waste; (b) For the calendar year 2020 and subsequent years, the rate of material recovery from the general solid waste stream shall be at least 52 percent; (c) For the calendar…
ORS 459A.012 Alternative recovery rate calculation methods; rules. (1)(a) 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
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(A) The energy savings achieved from material recovery, as opposed to material disposal; (B) Recovery of energy from waste, including methane recovery at landfills; and (C) Energy saving practices implemented as part of local solid waste reduction, reuse and recycling programs or…
ORS 459A.015 Commission duties. The Environmental Quality Commission shall
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(1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665. (2) Review Department of Environmental Quality reports on compliance with and implementation of ORS 459…
ORS 459A.020 Statewide integrated solid waste management plan; review; revision. (1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to, the following components of solid waste management
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(a) Waste prevention; (b) Recycling; (c) Solid waste collection and processing; (d) Composting and energy recovery; (e) Incineration; (f) Disposal; (g) Disposal capacity and facility siting; and (h) Transportation. (2) The commission shall develop the statewide integrated solid w…
ORS 459A.025 Adoption of rules regarding waste disposal and recycling. (1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions of ORS 459.005, 459.015, 459.035, 459.250, 459.992 (1) and (2), 459.995 and 459A.005 to 459A.665, including but not limited to
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(a) Acceptable alternative methods for providing the opportunity to recycle; (b) Education, promotion and notice requirements, which requirements may be different for disposal sites and collection systems; (c) Identification of the wastesheds within the state; (d) Guidelines for …
ORS 459A.027 Legislative findings. The Legislative Assembly finds and declares that
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(1) Public and private recycling programs that collect source separated recyclable materials from residences and from commercial and institutional establishments on a schedule that is convenient to the generator, are effective and efficient methods of recovering recyclable materi…
ORS 459A.029 Provision of materials to local governments; commercial generator recovery rate goal. (1) The Department of Environmental Quality shall work with local government units to provide educational and promotional materials that local government units may distribute to commercial generators of solid waste. The educational and promotional materials should be targeted to businesses and include reasons to recycle, including economic benefits, common barriers to recycling and solutions to the barriers, additional resources for commercial generators and other information designed to assist and encourage meeting the state’s 55 percent recovery rate
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(2) Each wasteshed is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts. (3) …
ORS 459A.030 Technical assistance to local governments. The Department of Environmental Quality shall provide technical assistance to cities, counties or metropolitan service districts in the development, revision, amendment and implementation of local solid waste reduction, reuse and recycling and waste prevention programs and solid waste management programs that comply with the opportunity to recycle established in ORS 459A.005 and 459A.007. The department shall give special emphasis to assisting rural and remote counties. [1991 c.385 §52; 1993 c.560 §78; 2015 c.534 §17]
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[Repealed or reserved.]
ORS 459A.035 Solid waste composition study. 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
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(1) Measurement and composition of wastes disposed of through nonstandard methods such as litter; and (2) The composition of commingled and other recovered materials collected or processed in Oregon. [1991 c.385 §5; 1993 c.560 §79; 2015 c.534 §11]
ORS 459A.040 [1991 c.385 §93; repealed by 1997 c.552 §40]
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[Repealed or reserved.]
ORS 459A.045 Request for modification or variance. Any affected person may
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(1) Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must be provided; or (2) Request a variance under ORS 459A.055. [Formerly 459.175]
ORS 459A.050 Recycling reports. (1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality
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(a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities within the wasteshed are implementing the opportunity to recycle, including the requirements of ORS 459A.007 and 459A.010. A wasteshed is e…
ORS 459A.055 Variance or request for extension to provide opportunity to recycle. (1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025
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(b) The Environmental Quality Commission may grant all or part of a variance under this section. (c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665. …
ORS 459A.060 [1991 c.385 §4; 1997 c.552 §15; repealed by 2001 c.513 §6]
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[Repealed or reserved.]
ORS 459A.065 Mandatory participation in recycling. (1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling
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(2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse. (3) Be…
ORS 459A.070 Limitation on amount charged person who source separates recyclable material. (1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less, but not more, for collection and disposal of solid waste and collection of recyclable material than the collection service charges a person who does not source separate recyclable material
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(2) A collection service or disposal site may charge a person who does not have solid waste collection service but who source separates recyclable material and makes the material available for reuse or recycling, for the cost of providing that service. In no case shall the charge…
ORS 459A.075 Exemptions. Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is
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(1) Source separated by the generator; and (2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerly 459.192]
ORS 459A.080 Prohibitions against removing or mixing recyclable material; rules. A person may not
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(1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by a person authorized by a city or county to provide collection service for that recyclable material. (2) Remove any recyclable material from a container…
ORS 459A.085 City, county authority to issue collection service franchises; opportunity to recycle; rates. (1) 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
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(2) The exercise of the authority granted by this section is subject to ORS 221.735 and 459.085 (3). (3) It is the intent of the Legislative Assembly that a city or county may displace competition with a system of regulated collection service by issuing franchises which may be ex…
ORS 459A.100 Definitions for ORS 459A.100 to 459A.120. As used in ORS 459A.100 to 459A.120
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(1) “Domestic solid waste” includes but is not limited to residential, commercial and institutional wastes generated within this state. (2) “Domestic solid waste” does not include: (a) Sewage sludge or septic tank and cesspool pumpings; (b) Building demolition or construction was…
ORS 459A.105 Policy. The Legislative Assembly finds and declares that
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(1) Domestic solid waste disposal capacity is a matter of statewide concern; (2) The disposal in Oregon of domestic solid waste generated both outside and within Oregon will reduce the total capacity available for disposal of domestic solid waste generated in this state; (3) The …
ORS 459A.110 Additional fees for programs for reduction of waste and environmental risks; assessment. (1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all
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(a) 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 (b) Persons who transport solid waste out of the State of Oregon f…
ORS 459A.115 [1991 c.385 §13a; 1993 c.560 §88; repealed by 2015 c.662 §5]
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[Repealed or reserved.]
ORS 459A.120 Use of additional fees. (1) 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.020 and the policies set forth in ORS 459.015
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(2) Activities that may be funded to carry out the purposes of this section include but are not limited to: (a) 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 prevention, …
ORS 459A.125 Maximum amount of additional fee; adjustments. (1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that
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(a) 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 (b) Any per-ton fee on disposal sites for composting under ORS 459A.110 (2) shall be no more than the per-ton fee assessed on domestic solid waste disp…
ORS 459A.130 Rebate of additional fee to economically distressed counties. (1)(a) 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
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(b) 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, provide notice to: (A) Each of the economically distressed counties identified by the department that will receive the …
ORS 459A.150 Legislative findings; policy. The Legislative Assembly finds and declares that
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(1) 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 (2) It is th…
ORS 459A.153 Definitions. As used in ORS 459A.150 to 459A.189
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(1) “Brand” means a name, symbol, word or mark that attributes a mattress to the producer of the mattress. (2) “Consumer” means a person who is the purchaser, by retail sale, of a mattress for final delivery and use in this state. (3) “Discarded mattress” means a mattress that ha…
ORS 459A.156 Requirement to participate in mattress stewardship program; program information; mattress stewardship assessment. (1) 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
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(2) On and after the date that a mattress stewardship program is implemented, a retailer: (a) May purchase a mattress only from a producer or renovator that is registered with a stewardship organization as of the date of purchase as evidenced by information made available by a st…
ORS 459A.159 Mattress stewardship program plan; requirements. (1) 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
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(a) Describe how the stewardship organization will manage and administer a mattress stewardship program. (b) Identify program mattresses. (c) Describe how discarded mattresses that are received through collection sites or collection events and that are not program mattresses will…
ORS 459A.162 Service requirements. (1)(a) A plan submitted under ORS 459A.159 must provide for convenient service through, at a minimum
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(A) 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; (B) Holding at least one collection e…
ORS 459A.165 Approval of mattress stewardship program plan or amendment; revocation; additional reporting requirements. (1) 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 amendment on its website and provide for a public comment period of no less than 30 days before approving, rejecting or requesting additional information on the plan or plan amendment
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(2)(a) If the department rejects, or requests additional information for, the plan or plan amendment, the department must provide the stewardship organization with the reasons, in writing, that the plan or plan amendment does not meet the plan requirements of ORS 459A.159. The st…
ORS 459A.168 Amendments to mattress stewardship program plan; notice of changes to plan. (1) 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
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(a) There is a substantial or material change, as provided for under ORS 459A.159 (1)(n), to the system for collecting discarded mattresses; (b) The stewardship organization proposes a change to the mattress stewardship assessment; or (c) The department requests an amendment to t…
ORS 459A.171 Reapproval of mattress stewardship program plan. (1)(a) A plan submitted under ORS 459A.159 and approved by the Department of Environmental Quality under ORS 459A.165 is valid for five years
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(b) 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 paragraph must include proposed improvements based on…
ORS 459A.174 Annual report; budget; additional reports; performance audit; fees. (1) 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
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(a) The annual report provided for under subsection (2) of this section for the preceding calendar year; (b) An updated budget for the upcoming calendar year that follows the budget requirements provided for in ORS 459A.159; and (c) The annual fee required under subsection (3) of…
ORS 459A.177 Mattress stewardship program advisory committee. (1)(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
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(A) Local governments; (B) The solid waste industry; (C) The environmental community; and (D) The public. (b) The director may not appoint to the advisory committee any person that has or who may have a pecuniary interest in any contract awarded by a stewardship organization as p…
ORS 459A.180 Inspection by Department of Environmental Quality. (1) 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
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(2) A stewardship organization shall retain all records related to implementation of a mattress stewardship program for not less than three years and make the records available for inspection by the department upon request. [2022 c.102 §11] Note: See note under 459A.150.
ORS 459A.183 Mattress Stewardship Fund. 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. [2022 c.102 §12]
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Note: See note under 459A.150.
ORS 459A.186 Application of antitrust laws. (1) 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 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for the establishment, administration, collection or disbursement of the mattress stewardship assessment from federal antitrust laws
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(2)(a) 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.150 to 459A.189. (b) This section does not apply to any act…
ORS 459A.189 Rules. The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.150 to 459A.189. [2022 c.102 §14]
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Note: See note under 459A.150. DRUG TAKE-BACK PROGRAM
ORS 459A.200 Definitions. As used in ORS 459A.200 to 459A.266
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(1) “Analogous product” means: (a) 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. (b) With regard to a therapeutic serum,…
ORS 459A.203 Requirement to participate in drug take-back program; rules; fines. (1) 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 duties under ORS 459A.200 to 459A.266 to a drug take-back organization
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(2)(a) A covered manufacturer is not required to participate in a drug take-back program as described in subsection (1) of this section if the covered manufacturer provides sufficient proof to the Department of Environmental Quality that the covered manufacturer manufactures cove…
ORS 459A.204 Period to begin participation in drug take-back program. 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. [2019 c.659 §26(3)]
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Note: 459A.204 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 459A.206 Organization of program operator. 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. [2019 c.659 §3]
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Note: See note under 459A.200.
ORS 459A.209 Plan for drug take-back program; requirements; approval; updated plans. (1) 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 requirements of subsections (2), (4) and (5) of this section and the program operator pays the fee established by the department under ORS 459A.242
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(2) To be approved by the department, a proposed drug take-back program plan must: (a) Identify and provide contact information for the program operator and each covered manufacturer participating in the proposed drug take-back program; (b) Provide for a collection system that co…
ORS 459A.212 Changes to program; preapproval; notification; rules. (1) 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 later than 30 days before the change is to occur. For purposes of this subsection, the following types of changes substantively alter a drug take-back program
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(a) Changes involving methods used to collect covered drugs; (b) Changes involving methods used to dispose of covered drugs; (c) Changes to the policies and procedures for handling and disposing of covered drugs; (d) Changes to the policies and procedures for securing patient inf…
ORS 459A.215 Authorized collectors; rules. (1) Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must
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(a) Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and (b) Enter into agreements with all willing authorized collectors for the purpose of collecting covered drugs under the drug take-back program. (2) An agre…