Title 36A, Housing; Lottery and Games; Environment

(1) The Oregon Recycling System Advisory Council shall: (a) Review activities related to ORS 459A.860 to 459A.975; (b) Advise the Department of Environmental Quality and producer responsibility organizations on issues related to the implementation of ORS 459A.860 to 459A.975; (c)…

(1) As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility…

A local government shall ensure that roll carts, bins and containers purchased by the local government’s service providers are manufactured from at least 10 percent post-consumer recycled material and are certified by an independent verification standard, such as the Postconsumer…

A local government providing the opportunity to recycle must, for the recycling collection of materials identified on the uniform statewide collection list at multifamily properties: (1) Ensure adequate space for collection. (2) Demonstrate a plan to ensure adequate space and acc…

(1) The Environmental Quality Commission, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall by rule identify materials that are suitable for recycling collection in this state and the methods for collection of those…

(1) The Department of Environmental Quality, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall establish and maintain a list of specifically identified materials. (2) In determining whether a covered product is a sp…

(1) The Environmental Quality Commission shall by rule adopt and periodically revise a contamination management fee to be paid by producer responsibility organizations to commingled recycling processing facilities to compensate the facilities for the costs of removing and disposi…

(1) As used in this section: (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 …

(1) As used in this section: (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 n…

(1) The Department of Environmental Quality shall: (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 ap…

(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 continuo…

(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 ef…

(1) The Environmental Quality Commission shall establish the following fees: (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 r…

(1) As used in this section, “public body” has the meaning given that term in ORS 174.109. (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 preven…

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: (1) Establish procedures and requirements to be…

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 …

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 m…

(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 Departm…

(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 ap…

(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. (2) Information described in subsection (1) of this section shall be prov…

(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 adop…

(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. (2) The Department of Environmental Quality, or …

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 …

The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.860 to 459A.975. [2021 c.681 §43] (Development of Recommendations on Producer Responsibility Requirements) Note: Sections 26, 26a, 43a, 44a and 58 (3) and (4), chapter 681, Oregon Laws 2021, p…

As used in ORS 460.005 to 460.175, unless the context requires otherwise: (1) “Alteration” means a change or addition to equipment, other than the ordinary repair or replacement of an existing part of the equipment. (2) “Certified elevator inspector” means an employee or represen…

ORS 460.005 to 460.175 may be cited as the Elevator Safety Law. [1961 c.427 §1]

The purpose of ORS 460.005 to 460.175 is to protect the health and safety of the people of Oregon from the danger of unsafe elevators. To accomplish this purpose the Legislative Assembly intends by ORS 460.005 to 460.175: (1) To provide minimum safety standards for the installati…

(1) Fees are not required under ORS 460.005 to 460.175 to install, alter, repair, operate or maintain an elevator: (a) Under the supervision of the United States Government. (b) That is a nonpower-driven lifting device. (c) Located in a private residence, except for initial insta…

A person may not: (1) Engage in the business of installation, alteration, repair or maintenance of an elevator without an elevator contractor license issued under ORS 460.005 to 460.175 or 479.510 to 479.945. (2) Install, alter, repair or maintain an elevator unless the person po…

Notwithstanding ORS 460.045 (2), the following persons may conduct electrical and mechanical repairs on an elevator located in an industrial plant: (1) A limited supervising electrician licensed under ORS 479.630 (3). (2) A limited journeyman electrician licensed under ORS 479.63…

(1) The Department of Consumer and Business Services shall give its decision within a reasonable time, not exceeding 30 days: (a) Approving or rejecting plans and pertinent data for proposed elevator installations or alterations submitted for the department’s examination. (b) Iss…

The Department of Consumer and Business Services may issue a special limited license to a person who can document to the satisfaction of the department that the person possesses sufficient work experience in the mechanical aspects of elevator installation, alteration, maintenance…

The Department of Consumer and Business Services may issue a special limited license to a person engaged in an approved apprenticeship program that allows the person to engage in the installation, alteration, maintenance and repair of elevators. The department, after consultation…

(1) As used in this section, “reciprocating conveyor” means a self-contained, power-driven stationary device that moves objects on a platform equipped with safety guards, or that moves individuals on a motorized chair, along a predetermined horizontal, inclined or vertical path b…

(1) A certified elevator inspector certificate of competency expires on December 31 of the year in which the certificate is issued or on a date established by rule of the Department of Consumer and Business Services. (2) An elevator installation permit or operating permit expires…

(1) Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services may cancel, revoke or suspend the installation permit, temporary operation authorization or operating permit for any elevator that does not comply with minimum safety standards. (2)…

(1) In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services, after consultation with the Electrical and Elevator Board, shall adopt reasonable rules: (a) Establishing safety standards applicable to the inst…

(1) The Department of Consumer and Business Services shall: (a) Except as provided in this subsection, periodically inspect each elevator to ascertain if the elevator is being operated and maintained in accordance with ORS 460.005 to 460.175. The department is not required to ins…

For the purpose of discharging any duty imposed by or exercising any authority conferred by ORS 460.005 to 460.175, the Department of Consumer and Business Services may, during reasonable hours, enter any building, enclosure or upon any premises where an elevator is in operation …

When it appears to the Department of Consumer and Business Services that a person subject to ORS 460.005 to 460.175 is engaged or about to engage in an act or practice which constitutes a violation of ORS 460.005 to 460.175 or rules issued thereunder, the department may, without …

(1) The Department of Consumer and Business Services shall hear the appeal of an appellant: (a) Who has filed a written request: (A) Within 10 days of receiving written notice that an injunction will be sought; or (B) Within 30 days after receiving notice that a permit or certifi…

(1) Subject to ORS 460.035 (1) and 460.085 (1), the Department of Consumer and Business Services may collect the following fees: (a) For each year of an elevator contractor’s license for each place of business operated by the applicant, $195. (b) For the submission of plans and o…

All receipts from fees, charges, costs and expenses provided for in ORS 460.005 to 460.175 shall be collected by the Department of Consumer and Business Services and paid into the Consumer and Business Services Fund created by ORS 705.145. [1961 c.427 §20; 1973 c.528 §17; 1973 c.…

As used in ORS 460.310 to 460.370, unless the context requires otherwise: (1) “Amusement devices” means a structure, electrical or mechanical contrivance or combination thereof which is intended to supply revenue to the owner or operator of the device by providing or offering to …

(1) No person shall: (a) Operate an amusement ride or device without a valid operation permit therefor issued under ORS 460.330, or allow an amusement ride or device owned, leased, controlled or managed by the person to be so operated. (b) Operate an amusement ride or device with…

(1) An application for an operating permit to operate an amusement ride or device shall be made on an annual basis by the person owning the ride or device or the person’s agent or lessee. The application shall be on forms provided by the Department of Consumer and Business Servic…

Permits issued under ORS 460.330 are valid until the amusement ride or device is materially rebuilt or materially modified so as to change the original action of the said amusement ride or device, but in no case for longer than one year after the date of issuance as follows: (1) …

Subject to ORS 460.340, the expiration date of the amusement ride or device operating permits shall be one year from the original date of issuance and thereafter on the anniversary date of issuance. [Formerly 460.410]

(1) In addition to the inspections required under ORS 460.330, the Department of Consumer and Business Services may cause an amusement ride or device to be inspected at any reasonable time to insure compliance with ORS 460.310 to 460.370. (2) The department may deny, suspend or r…

Subject to the provisions of ORS chapter 183, the Department of Consumer and Business Services shall cancel, revoke or suspend the operating permit for any person who fails to comply with the minimum safety standards provided by ORS 460.310 to 460.370. [Formerly 460.400]