217 sections in this chapter.
ORS 459A.923 Processor commodity risk fee; rules. (1) As used in this section
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(a) “Anticipated program cost” means all additional costs related to any new requirements of ORS 459A.860 to 459A.975 that are anticipated prior to the next review of the processor commodity risk fee under subsection (6) of this section. (b) “Average commodity value” means the av…
ORS 459A.926 Recycling rate of plastic. (1) As used in this section
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(a) “Plastic” means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid and other similar polymers. (b) “Plastic” does not include materials commonly referred to as rubber or materials that are naturally produced polymers, s…
ORS 459A.929 Contamination reduction. (1) The Department of Environmental Quality shall
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(a) Establish statewide recycling contamination reduction goals. (b) Evaluate the relative cost-effectiveness of different educational programs and other methods for reducing contamination. (c) Establish and maintain a list of approved contamination reduction program elements, in…
ORS 459A.932 Equity study. (1) The Department of Environmental Quality, in consultation with local governments and the Oregon Recycling System Advisory Council, shall conduct a study of equity in Oregon’s recycling system to determine conditions and make recommendations, including goals to achieve continuous improvement. The department shall provide public involvement opportunities for underserved communities during the study. The study must include, but need not be limited to
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(a) An evaluation of commingled recycling processing facility worker conditions, wages and benefits; (b) The availability of opportunities in the recycling system for women and minority individuals as defined in ORS 200.005; (c) The sufficiency of local government requirements re…
ORS 459A.935 Multifamily housing needs assessment. (1) The Department of Environmental Quality, in consultation with the Oregon Recycling System Advisory Council, shall conduct a statewide needs assessment to determine the challenges facing residents of multifamily housing and make recommendations for improvements to allow for effective and equitable recycling opportunities for residents of multifamily housing. The needs assessment conducted under this section must include an evaluation of the placement of and quality of spaces provided for recycling containers and recommendations for improving spaces that are determined to be inadequate. The needs assessment may include recommendations for new responsibilities of producer responsibility organizations and recommendations for funding such responsibilities. If the needs assessment does not include recommendations for adding new responsibilities for producer responsibility organizations, the report required under subsection (2) of this section must include an explanation of why such responsibilities are not needed to address the challenges facing residents of multifamily housing
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(2) The department shall complete the needs assessment required under this section at least once every four years. The department shall report the results of the needs assessment and recommendations required under this section in the manner provided by ORS 192.245, to the interim…
ORS 459A.938 Fees. (1) The Environmental Quality Commission shall establish the following fees
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(a) A fixed, one-time fee for reviewing a producer responsibility program plan submitted under ORS 459A.875. (b)(A) Subject to subparagraph (B) of this paragraph, an annual fee charged to each producer responsibility organization for the purpose of paying the costs to the Departm…
ORS 459A.941 Waste prevention and reuse; rules. (1) As used in this section, “public body” has the meaning given that term in ORS 174.109
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(2) The Department of Environmental Quality shall establish a program to reduce the environmental impacts of covered products through means other than waste recovery, including waste prevention and reuse. The department may enter into agreements with public bodies to establish a …
ORS 459A.944 Life cycle evaluation; rules. The Environmental Quality Commission shall establish by rule standards for the evaluation and disclosure of the environmental impacts of covered products through the life cycle of the products. Rules adopted under this section must
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(1) Establish procedures and requirements to be used by producers when evaluating the life cycle impacts of covered products to obtain an incentive under ORS 459A.884 or when required to do so under subsection (2) of this section. (2) Require large producers to: (a) Once every tw…
ORS 459A.947 Producer Responsibility Fund. The Producer Responsibility Fund is established, separate and distinct from the General Fund. The Producer Responsibility Fund consists of moneys deposited into the fund under ORS 459A.938 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Producer Responsibility 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.860 to 459A.975. [2021 c.681 §34]
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[Repealed or reserved.]
ORS 459A.950 Waste Prevention and Reuse Fund. The Waste Prevention and Reuse Fund is established, separate and distinct from the General Fund. The Waste Prevention and Reuse Fund consists of moneys deposited into the fund under ORS 459A.941 and moneys transferred or appropriated to the fund by the Legislative Assembly. All moneys in the Waste Prevention and Reuse Fund are continuously appropriated to the Department of Environmental Quality and may be used only for the purposes described in ORS 459A.941. [2021 c.681 §35]
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[Repealed or reserved.]
ORS 459A.955 Permit required for commingled recycling processing facility; rules. (1) On or after the date established by the Environmental Quality Commission under subsection (3) of this section, a person may not establish or operate a commingled recycling processing facility in this state unless the person obtains a disposal site permit issued by the Department of Environmental Quality under ORS 459.205
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(2) A disposal site permit issued to a commingled recycling processing facility must require the facility to: (a) Sort all materials collected from the public so that materials do not become contaminants in other waste streams; (b) Market materials to responsible end markets or t…
ORS 459A.956 Certification program. (1) The Department of Environmental Quality shall establish a program or approve a program established by a third party to certify commingled recycling processing facilities located outside of Oregon. The department may issue certificates under the program or develop a list of approved contractors to issue certificates
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(2) A commingled recycling processing facility certified under this section must satisfy the requirements of ORS 459A.955 (2). [2021 c.681 §38]
ORS 459A.959 Contamination. (1) The Department of Environmental Quality shall establish forms and procedures for commingled recycling processing and recycling reload facilities to evaluate and describe levels of inbound contamination
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(2) Information described in subsection (1) of this section shall be provided to the department and local governments or local governments’ service providers responsible for collecting the materials evaluated. [2021 c.681 §39]
ORS 459A.962 Enforcement and record keeping. (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.860 to 459A.975 or rules adopted under ORS 459A.860 to 459A.975
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(2) A producer responsibility organization shall retain all records related to the implementation and administration of a producer responsibility program for not less than five years from the time the record was created and make the records available for inspection by the departm…
ORS 459A.965 Prohibition on promoting acceptance of certain materials for composting; pilot programs. (1) A person that operates or controls a collection program for yard debris or food waste or that operates or controls a compost facility may not promote for acceptance any material that cannot or will not be effectively composted
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(2) The Department of Environmental Quality, or entities approved by the department, may conduct research or pilot projects to examine the collection and compostability of materials and to identify materials that can and cannot be effectively composted. A pilot or research projec…
ORS 459A.968 Application of antitrust laws. The Legislative Assembly declares that the collaboration of producers through producer responsibility organizations to develop and implement producer responsibility program plans is in the best interests of the public. Therefore, the Legislative Assembly declares its intent that participating in a producer responsibility organization to implement a producer responsibility program plan as required by ORS 459A.860 to 459A.975 shall be exempt from state antitrust laws. The Legislative Assembly further declares its intent to provide immunity for participating in a producer responsibility organization to implement a producer responsibility program plan as required by ORS 459A.860 to 459A.975 from federal antitrust laws. 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.860 to 459A.975. [2021 c.681 §42]
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[Repealed or reserved.]
ORS 459A.975 Rules. The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.860 to 459A.975. [2021 c.681 §43]
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(Development of Recommendations on Producer Responsibility Requirements) Note: Sections 26, 26a, 43a, 44a and 58 (3) and (4), chapter 681, Oregon Laws 2021, provide: Sec. 26. Evaluation of federal laws. (1) The Department of Environmental Quality shall evaluate any federal law th…