Chapter 459A — Chapter 459A
217 sections in this chapter.
ORS 459A.555 Definitions for ORS 459A.552 to 459A.599. As used in ORS 459A.552 to 459A.599 unless the context requires otherwise
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(1) “Commission” means the Environmental Quality Commission. (2) “Department” means the Department of Environmental Quality. (3) “Recycle” means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing or other means or to use used oi…
ORS 459A.560 Legislative findings. The Legislative Assembly finds that
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(1) Millions of gallons of used oil are generated each year in the state; (2) Used oil is a valuable petroleum resource which can be recycled; and (3) In spite of this potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by mea…
ORS 459A.565 Used oil to be collected and recycled. 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. [Formerly 468.856]
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Note: See note under 459A.552.
ORS 459A.570 Used oil information center; public education. 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
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(1) Establish, maintain and publicize a used oil information center that will explain local, state and federal laws and regulations governing used oil and will inform holders of quantities of used oil on how and where used oil may be properly disposed of; and (2) Encourage the es…
ORS 459A.575 Oil recycling information to be posted; rules. 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 of the importance of proper collection and disposal of used oil, and how and where used oil may be properly disposed of, including locations and hours of operation of conveniently located collection facilities. [Formerly 468.862]
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Note: See note under 459A.552.
ORS 459A.580 Prohibited disposal of used oil. 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. [Formerly 468.865; 2003 c.469 §3]
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Note: See note under 459A.552.
ORS 459A.585 Enforcement powers of commission. 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. [Formerly 468.868]
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Note: See note under 459A.552.
ORS 459A.590 Use, management, disposal and resource recovery; rules. 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 untested used oil for dust suppression. The commission shall insure that the rules do not discourage the recovery or recycling of used oil in a manner that is consistent with the protection of human health, safety and the environment. [Formerly 468.869]
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Note: See note under 459A.552.
ORS 459A.595 Use for dust suppression or as herbicide. 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 hazardous waste as defined in ORS 466.005 or is generated by a household and is
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(1) Used on property owned by the generator; or (2) Generated and used on property leased by the generator or used on property immediately adjacent to property owned or leased by the generator with the written approval of the property owner on whose property the oil is to be appl…
ORS 459A.599 Short title. ORS 459A.552 to 459A.585 may be cited as the “Used Oil Recycling Act.” [Formerly 468.871]
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Note: See note under 459A.552. (Compost)
ORS 459A.600 “Compost” defined. 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. [1991 c.385 §19]
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[Repealed or reserved.]
ORS 459A.605 Rules for purchase of compost and sewage sludge by state. 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 without jeopardizing the safety and health of the citizens of the state or the environment. [1991 c.385 §21]
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[Repealed or reserved.]
ORS 459A.610 [1991 c.385 §22; repealed by 1993 c.560 §107]
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[Repealed or reserved.]
ORS 459A.615 Programs to use compost and sewage sludge. 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 used as an effective substitute. [1991 c.385 §23; 1993 c.560 §93]
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[Repealed or reserved.]
ORS 459A.620 Use of compost or sewage sludge by state agencies given priority. 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 combination with a fertilizer or other similar product. [1991 c.385 §25; 2005 c.22 §338]
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(Mercury)
ORS 459A.630 Motor vehicle mercury light switches. 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 mercury light switches. [2001 c.924 §10]
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Note: 459A.630 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. (Plastics)
ORS 459A.650 Definitions for ORS 459A.650 to 459A.665. As used in ORS 459A.650 to 459A.665
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(1) “Package” means any container used to protect, store, contain, transport, display or sell products. (2) “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. (3) “Product-associat…
ORS 459A.655 Minimum reuse, recycled material or recycled content for rigid plastic containers. (1) 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
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(a) Contain 25 percent recycled content by January 1, 1995; (b) Be made of plastic that is being recycled in Oregon at a rate of 25 percent by January 1, 1995; or (c) Be a package that is used five or more times for the same or substantially similar use. (2) A rigid plastic conta…
ORS 459A.657 Recycling rate; hearings on decreased rate. (1) 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 department determines that the aggregate rate is less than 25 percent, the department also shall determine whether the recycling rate for compliance for rigid plastic containers made from the major resin types is 25 percent or more
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(2) If the recycling rate for rigid plastic containers in the aggregate determined by the department for compliance purposes is less than 25 percent for 1996 or any subsequent year, the department shall present relevant information regarding the decrease in the rate to the approp…
ORS 459A.660 Manufacturer records; certification by package manufacturer; exempt containers. (1) 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 the applicable period of time. Proprietary information included in the records, if submitted to the Department of Environmental Quality under this section shall not be made available to the general public. The records documenting the compliance shall be submitted to the department upon its request. Each manufacturer required to keep records under this section may be audited by the department. The department shall not take enforcement action, audit or request copies of the records kept by a manufacturer under this section before January 1, 1996, and until the department calculates the recycling rates in ORS 459A.655 (2) for the calendar year 1995
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(2) To the extent a rigid plastic container complies with ORS 459A.655 (1)(c) or (2)(c) because the product manufacturer’s particular product-associated package or all of the product manufacturer’s rigid plastic containers are being reused under ORS 459A.655 (1)(c) or recycled in…
ORS 459A.665 Opportunity to recycle rigid plastic containers. 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. [1991 c.385 §§34d,50]
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[Repealed or reserved.]
ORS 459A.675 [1991 c.385 §86; 1993 c.560 §99; repealed by 2021 c.681 §58]
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[Repealed or reserved.]
ORS 459A.680 [1991 c.385 §87; 1993 c.560 §100; repealed by 2021 c.681 §58]
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[Repealed or reserved.]
ORS 459A.685 [1991 c.385 §88; repealed by 2021 c.681 §58]
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[Repealed or reserved.]
ORS 459A.695 [Formerly 459.419; repealed by 2019 c.434 §7]
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BEVERAGE CONTAINERS; BOTTLE BILL
ORS 459A.700 Definitions for ORS 459A.700 to 459A.754. As used in ORS 459A.700 to 459A.754, unless the context requires otherwise
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(1) “Alternative access redemption center” means a redemption center that meets the requirements of ORS 459A.745. (2) “Beverage” means a fluid described in ORS 459A.702. (3) “Beverage container” means a container described in ORS 459A.702. (4) “Commission” means the Oregon Liquor…
ORS 459A.702 Applicability of ORS 459A.700 to 459A.754. ORS 459A.700 to 459A.754 apply to
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(1) 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 tha…
ORS 459A.705 Refund value. (1) 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
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(2)(a) 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: (A) Eight months after the Oregon Liquor and Cannabis Commission determines that, in each of the two previous calendar years, the…
ORS 459A.710 Practices required of dealers and distributors. Except as provided in ORS 459A.715
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(1)(a) 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 estab…
ORS 459A.711 Space occupied by dealer described. For purposes of ORS 459A.710 and 459A.715, the space that a dealer occupies equals the retail space if
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(1) The retail space is less than 5,000 square feet; (2) The retail space occupies less than 50 percent of the leased or owned space where retail operations are located; and (3) The nonretail space is used in whole or in part for the manufacturing of beverages. [2019 c.373 §2]
ORS 459A.712 Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers. 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 any beverage containers that were not collected as required. [2007 c.303 §7]
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[Repealed or reserved.]
ORS 459A.715 Refusal of dealer or distributor to accept or pay refund in certain cases; notice. (1) 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
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(2) A dealer may refuse to accept and to pay the refund value of: (a) Empty beverage containers if the place of business of the dealer and the kind of empty beverage containers are included in an order of the Oregon Liquor and Cannabis Commission approving a full-service redempti…
ORS 459A.716 Return with intent to defraud. 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. [2019 c.297 §2]
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[Repealed or reserved.]
ORS 459A.717 Civil penalties. (1) 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 authority under ORS 459.992 (5) and the criminal penalty authorized by ORS 459.992
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(2) Notwithstanding subsection (1) of this section, if a dealer violates a provision of ORS 459A.738, or if a distributor or importer violates a provision of ORS 459A.718, the commission shall provide the dealer, distributor or importer with written notice informing the dealer, d…
ORS 459A.718 Distributor cooperatives; requirements; beverage container registry; compliance; report; rules. (1) Two or more distributors or importers may establish a distributor cooperative for the purposes of
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(a) 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; (b) Paying the refund value specified in ORS 459A.705 for bevera…
ORS 459A.720 Indication of refund value; exception; prohibition of certain metal containers and plastic container holders. (1) 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
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(2) Subsection (1) of this section shall not apply to glass beverage containers designed for beverages having a brand name permanently marked thereon which, on October 1, 1972, had a refund value of not less than five cents. (3) No person shall sell or offer for sale at retail in…
ORS 459A.725 Certification of containers as reusable by more than one manufacturer; rules. (1) 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
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(2) A beverage container may be certified if: (a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and (b) More than one manufacturer will in the ordinary course of business accept the beverage container for reuse as a bever…
ORS 459A.730 Decision upon certification applications; review and withdrawal of certifications. (1) 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
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(2) The commission may review at any time certification of a beverage container. If after such review, with written notice and hearing afforded to the person who filed the application for certification under ORS 459A.725, the commission determines the container is no longer quali…
ORS 459A.732 Requirements for certain distributors; fees. (1) The requirements of subsections (2) and (3) of this section apply to a distributor if
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(a) The distributor does not participate in a distributor cooperative; and (b) The distributor sold more than 500,000 beverages in beverage containers in this state in the previous calendar year. (2) A distributor described in subsection (1) of this section shall establish a prog…
ORS 459A.733 Fees for certain distributors; distributor cooperative fee. (1) 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 the fee no later than January 1 of the year following the year for which the fee applies
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(2) The fee required under subsection (1) of this section is: (a) $25,000, for a distributor that sells at least 15,000 but not more than 500,000 beverages in beverage containers in this state during the calendar year. (b) $5,000, for a distributor that sells fewer than 15,000 be…
ORS 459A.735 Full-service redemption centers; application for approval; contents of approval order; notice; public comment. (1) 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
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(2) Application for approval of a full-service redemption center shall be filed with the commission. The application shall state the name and address of the person responsible for the establishment and operation of the full-service redemption center, the kind of beverage containe…
ORS 459A.737 Full-service redemption centers; registration; fees; rules. (1) Pursuant to the provisions of ORS 459A.735, the Oregon Liquor and Cannabis Commission
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(a) 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 (b) May approve one or more additional full-service redemption centers. (2) Notwiths…
ORS 459A.738 Convenience zones for full-service redemption centers. (1) 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 and continuing to a radius of not more than three and one-half miles around the full-service redemption center. The convenience zones shall be based to the greatest extent practicable upon the proposals submitted as part of the application for approval of the full-service redemption center under ORS 459A.735
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(2) All dealers doing business within the first convenience zone that occupy a space of 5,000 or more square feet in a single area may participate in, be served by and be charged the cost of participation in the full-service redemption center and, if such a dealer participates in…
ORS 459A.739 [2015 c.724 §4; 2019 c.13 §51; renumbered 459A.742 in 2019]
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[Repealed or reserved.]
ORS 459A.740 [Formerly 459.890; renumbered 459A.743 in 2019]
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[Repealed or reserved.]
ORS 459A.741 Dealer redemption centers. (1) Any person may establish a dealer redemption center, as provided in this section, to serve a dealer
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(2) Notwithstanding any other provision of ORS 459A.700 to 459A.754, a dealer redemption center must: (a) 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 bag or other bul…
ORS 459A.742 [Formerly 459A.739; 2021 c.351 §35; renumbered 459A.752 in 2025]
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[Repealed or reserved.]
ORS 459A.743 [Formerly 459A.740; renumbered 459A.753 in 2025]
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[Repealed or reserved.]
ORS 459A.744 [2019 c.366 §8; 2021 c.351 §36; renumbered 459A.754 in 2025]
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[Repealed or reserved.]
ORS 459A.745 Alternative access redemption centers; mobile or satellite redemption sites; rules. (1) 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 alternative access redemption center approved under this section must be
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(a) Established and operated by a nonprofit organization that has entered into an agreement with a distributor cooperative to be a sponsor of the alternative access redemption center; and (b) Located within a city having a population greater than 500,000. (2) Application for appr…