Title 36A, Housing; Lottery and Games; Environment

(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: (a)(A) Provides a place for collecting source separated recyclable material, in…

(1) A person providing the opportunity to recycle shall fulfill the requirements of subsection (3) of this section using the following recycling program elements: (a) Provision of at least one durable recycling container to each residential service customer. (b) On-route collecti…

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 recyclin…

(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: (a) For the calendar year 2009 and subsequent years, there be no annual increa…

(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: (A) The energy sa…

The Environmental Quality Commission shall: (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 c…

(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: (a) Waste prevention; (b) Recycling; (c) Solid waste collection and pro…

(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 li…

The Legislative Assembly finds and declares that: (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…

(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 …

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 …

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 compo…

Any affected person may: (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]

(1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality: (a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities …

(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. (b) The Env…

(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 …

(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 ch…

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: (1) Source separated by the generator; and (2) Purchased from or exchanged by the generator for fair market value for recycling or reuse. [Formerl…

A person may not: (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 materia…

(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. (2) The exercise of the authority granted by this section is subject…

As used in ORS 459A.100 to 459A.120: (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) Bu…

The Legislative Assembly finds and declares that: (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 dome…

(1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all: (a) Disposal sites that receive domestic solid waste, building demolition or construction waste, land clearing debris, waste tires or solid…

(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 imp…

(1) The fees generated under ORS 459A.110 shall be sufficient to accomplish the purposes set forth in ORS 459A.120, provided that: (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 …

(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. (b) The department shall annually identify the counties that will receiv…

The Legislative Assembly finds and declares that: (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 ma…

As used in ORS 459A.150 to 459A.189: (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) “Discard…

(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…

(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: (a) Describe how the stewardship organization …

(1)(a) A plan submitted under ORS 459A.159 must provide for convenient service through, at a minimum: (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 t…

(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 amendme…

(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: (a) There is a substantial or material change, as provided for under ORS 459A.15…

(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. (b) At least 180 days before the expiration of a plan approved under ORS 459A.165, the stewardship organization shall submit the plan to …

(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: (a) The annual repor…

(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: (A) Local governments; (B) T…

(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. (2) A stewar…

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…

(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, a…

The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.150 to 459A.189. [2022 c.102 §14] Note: See note under 459A.150. DRUG TAKE-BACK PROGRAM

As used in ORS 459A.200 to 459A.266: (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…

(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 …

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)] Note: 45…

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] Note: See note under 459A.200.

(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 submi…

(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…

(1) Before submitting to the Department of Environmental Quality a plan under ORS 459A.209 (1), a program operator must: (a) Solicit potential authorized collectors for the purpose of collecting covered drugs under the drug take-back program; and (b) Enter into agreements with al…

(1) The system by which a program operator collects covered drugs under a drug take-back program must be safe and secure to use on an ongoing basis. (2) For purposes of a drug take-back program: (a) A drop-off site must be available for use during the normal business hours of the…

If a drug take-back program provides for the periodic collection of covered drugs through collection events, the collection events must be conducted: (1) In accordance with the applicable regulations and protocols of the Drug Enforcement Administration of the United States Depart…

Covered drugs must be disposed of: (1) At a hazardous waste disposal facility that meets the requirements of 40 C.F.R. parts 264 and 265, as in effect on September 29, 2019; (2) At a municipal solid waste incinerator that is permitted to accept pharmaceutical waste; or (3) At a h…