Title 36A, Housing; Lottery and Games; Environment

The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. [2007 c.302 §11] Note: See note under 459A.300.

Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the Covered Electronic Devices Account established under ORS 459A.355. [2007 c.302 §12] Note: See note under 459A.300.

The Legislative Assembly declares that electronics producer responsibility organizations providing covered entities with program services for covered electronic devices, including the use of environmentally sound management practices to collect, transport and recycle covered elec…

The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. Moneys in the account are continuously appropriated to the Department of Environmental Quality and may be used only …

(1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices. (2) If the department determines that the federal law substantially meets or exceeds the requirements and intent …

ORS 459A.305 to 459A.355 do not supersede any authority under ORS chapter 459 or 459A for cities and counties to regulate the collection of solid waste. [2007 c.302 §14a] Note: See note under 459A.300. SPECIFIC RECYCLING REQUIREMENTS (State Agencies)

The Legislative Assembly finds and declares that: (1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. (2) The volume of sol…

(1) For the current state waste paper collection program, the Oregon Department of Administrative Services, in consultation with the Department of Environmental Quality, shall provide participating locations with public awareness information and training to state and legislative …

(1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that: (a) Establish procedures for the separation of solid waste generated by state agencies that can be recycled or reused. (b) Establish a system …

(1) The Oregon Department of Administrative Services shall encourage paper conservation. (2) The department shall provide guidelines to state agencies and contractors on the availability of recycled paper and paper products, including the sources of supply and the potential uses …

As used in ORS 459A.500 to 459A.520: (1) “Consumer of newsprint” means a person who uses newsprint in a commercial or government printing or publishing operation. (2) “Newsprint” means paper that meets the specifications for Standard Newsprint Paper and Roto Newsprint Paper as se…

Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the consumer of newsprint is composed of post-consumer waste paper, if: (1) Recycled-content newsprint is available at the same or lower wei…

Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to each consumer of newsprint. If a shipment contains no post-consumer waste paper, the supplier shall so report. [1991 c.38…

No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous calendar year: (1) The amount of newsprint used in short tons; (2) The amount of recycled-content newsprint used in s…

(1) Every directory publisher shall ensure that directories distributed in Oregon: (a) Have a minimum recycled content of at least 25 percent by weight, with no less than 15 percent of the total weight consisting of post-consumer waste, if: (A) The recycled-content paper is avail…

(1) On or before February 28 each year, every glass container manufacturer shall report to the Department of Environmental Quality, in accordance with a method established by the department, the total amount, in tons, of new glass food, drink and beverage containers made in Orego…

It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be at least 70 percent. [1993 c.527 §2; 2005 c.22 §337] Note: 459A.552 to 459A.599 were enacted into law by the Legislative Assembly but were not added to o…

After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in Oregon as follows: (1) First, to reduce the amount of used oil generated; (2) Second, to reuse oil by rerefin…

As used in ORS 459A.552 to 459A.599 unless the context requires otherwise: (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 refi…

The Legislative Assembly finds that: (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 …

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 …

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: (1)…

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 dur…

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…