Title 36A, Housing; Lottery and Games; Environment

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] Note: …

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] Note…

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 publi…

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 n…

ORS 459A.552 to 459A.585 may be cited as the “Used Oil Recycling Act.” [Formerly 468.871] Note: See note under 459A.552. (Compost)

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]

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…

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 m…

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 appl…

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 t…

As used in ORS 459A.650 to 459A.665: (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 …

(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: (a) Contain 25 percent recycled content by January 1, 1995; (b) Be made of plastic that is being recy…

(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 y…

(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 r…

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 containe…

As used in ORS 459A.700 to 459A.754, unless the context requires otherwise: (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 c…

ORS 459A.700 to 459A.754 apply to: (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 con…

(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. (2)(a) Every beverage container sold or offered for sale in this state shall have a refund val…

Except as provided in ORS 459A.715: (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 va…

For purposes of ORS 459A.710 and 459A.715, the space that a dealer occupies equals the retail space if: (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…

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 …

(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. (2) A dealer may refuse to accept and to pay the refund val…

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]

(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 un…

(1) Two or more distributors or importers may establish a distributor cooperative for the purposes of: (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 refu…

(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. (2) Subsection (1) of this section shall…

(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 requi…

(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. (2) The commission may review at any time certification of a…

(1) The requirements of subsections (2) and (3) of this section apply to a distributor if: (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…

(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 distri…

(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 a…

(1) Pursuant to the provisions of ORS 459A.735, the Oregon Liquor and Cannabis Commission: (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 stat…

(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 conven…

(1) Any person may establish a dealer redemption center, as provided in this section, to serve a dealer. (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 conta…

(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 m…

(1) The Oregon Liquor and Cannabis Commission shall specify a convenience zone for an alternative access redemption center and a convenience zone for a mobile or satellite redemption site as provided in this section. The convenience zone specified for: (a) An alternative access r…

(1)(a) The Oregon Liquor and Cannabis Commission shall classify the two existing convenience zones specified under ORS 459A.738 for a full-service redemption center as a single low-impact convenience zone if: (A) In the prior year, the combined volume of beverage container return…

(1) No less than once every three years, the Oregon Liquor and Cannabis Commission shall review each convenience zone specified under ORS 459A.738 and each low-impact convenience zone. The review must include consultation with: (a) The distributor cooperative; (b) Participating d…

In addition to the authority granted under ORS 459.992, inspectors and investigators employed by the Oregon Liquor and Cannabis Commission have authority to inspect any space occupied by a dealer for compliance with ORS 459A.738. [Formerly 459A.742]

The procedures for certification or withdrawal provided for in ORS 459A.725 to 459A.735 shall be in accordance with ORS chapter 183. [Formerly 459A.743]

The Bottle Bill Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Bottle Bill Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Liquor and Cannabis Commission and may be …

As used in this section and ORS 459A.757 and 459A.759: (1) “Garment bag” means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage. (2) “Local provision” means a charter provision, ordinance, resolution or other provi…

(1) Except as provided in subsection (2) of this section, a retail establishment may not provide: (a) Single-use checkout bags to customers. (b) Recycled paper checkout bags, reusable fabric checkout bags or reusable plastic checkout bags to customers unless the retail establishm…

To prohibit or limit the use of recycled paper checkout bags, reusable fabric checkout bags, reusable plastic checkout bags or single-use checkout bags by a restaurant or retail establishment, a city, county or other local government, as defined in ORS 174.116: (1) May adopt a lo…

(1) By January 1, 1995, the Department of Education, in cooperation with the Department of Environmental Quality, shall integrate a recycling and waste reduction component into a required curriculum for all Oregon students in grades kindergarten through 12. (2) The Department of …

As used in ORS 459A.775 to 459A.785, “state agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state, including the Legislative Assembly, its committees, officers and employees. [Formerly 468.967] Note: 459A.775…

(1) A state agency may not purchase any product to be used for packaging food if the product is composed of material that is not either biodegradable or recyclable through an existing effective recycling program. (2) A vendor who leases space from a state agency shall not sell fo…

The Department of Environmental Quality shall establish percentages of plastic material that must be recycled before a recycling program is considered an effective recycling program. In establishing the percentages the department: (1) Shall establish percentages for each differen…

The Legislative Assembly finds that it is in the best interest of this state for architectural paint manufacturers to finance and manage an environmentally sound, cost-effective architectural paint stewardship program, undertaking responsibility for the development and implementa…

As used in ORS 459A.820 to 459A.855: (1)(a) “Architectural paint” means interior and exterior architectural coatings sold in containers of five gallons or less. (b) “Architectural paint” does not mean industrial, original equipment or specialty coatings. (2) “Architectural paint …