Current through Register Vol. 63, No. 3, March 1, 2024
(1) The
city, county, or metropolitan service district responsible for solid waste
management must ensure that a place for collecting source separated recyclable
materials identified in OAR 340-090-0630(4)(a) is located at each permitted
disposal site or located at an alternative location in the jurisdiction that is
more convenient to the population being served by the disposal site.
(2) Effective July 1, 2025 to January 1,
2027, a city, county or metropolitan service district, a local government's
service provider or a commingled recycling reload facility may not deliver to a
commingled recycling processing facility commingled recyclables that were
collected pursuant to the uniform statewide collection list established under
ORS 459A.914 unless:
(a) At the time the city, county or
metropolitan service district, the local government's service provider or the
comingled recycling reload facility delivered or contracted to deliver or
transport materials to the commingled recycling facility:
(A) the commingled recycling facility held a
valid permit issued under ORS
459A.955; or
(B) For a commingled recycling facility
located outside of this state:
(i) The
facility held a valid certificate issued under ORS
459A.956; or
(ii) The facility certified that it otherwise
met the requirements of ORS
459A.955 or
459A.956, even though the
facility did not hold a permit or certificate.
(b) Within six months after the DEQ completes
a report under ORS 459A.932, the commingled
recycling processing facility has taken steps to implement any recommendations
of the report related to providing opportunities in the recycling industry for
women and minority individuals as defined in ORS
200.005.
(3) Effective January 1, 2027, a city, county
or metropolitan service district, a local government's service provider or a
commingled recycling reload facility may not deliver to a commingled recycling
processing facility commingled recyclables that were collected pursuant to the
uniform statewide collection list established under ORS
459A.914 unless:
(a) At the time the city, county or
metropolitan service district, a local government's service provider or the
comingled recycling reload facility delivered or contracted to deliver or
transport materials to the commingled recycling facility:
(A) the commingled recycling facility held a
valid permit issued under ORS
459A.955; or
(B) For a commingled recycling facility
located outside of this state:
(i) The
facility held a valid certificate issued under ORS
459A.956; or
(ii) The facility certified that it otherwise
met the requirements of ORS
459A.955 or
459A.956, even though the
facility did not hold a permit or certificate.
(b) The processor ensures the health, safety
and wellness of workers at the facility regardless of whether the workers are
employees, independent contractors or employees of another business.
(c) The processor provides workers at the
facility with a living wage and supportive benefits, as defined by the rule by
the Environmental Quality Commission.
(d) Within six months after the DEQ completes
a report under ORS 459A.932, the commingled
recycling processing facility has taken steps to implement the recommendations
of the report related to providing opportunities in the recycling industry for
women and minority individuals as defined in ORS
200.005.
(4) Effective January 1, 2026 a city, county,
or metropolitan service district shall ensure that rolcarts, bins and
containers purchased by its 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 Resin Certification Program
established by the Association of Plastics Recyclers.
(5) Effective July 1, 2025, except as
provided by ORS 459A.914(6), a
material may not be collected as part of a commingled recycling program unless
the material is identified for collection as part of a commingled recycling
program on the uniform statewide collection list.
(6) For purposes of sections (2) through (5)
of this rule the terms "commingled recycling," "commingled recycling processing
facility," "local government's service provider," and "recycling reload
facility" have the meaning provided by ORS
459A.863.
(7) Each city that is within a metropolitan
service district or with a population of at least 4,000 and each county that is
responsible for the area between city limits and the urban growth boundary of
the city or the area outside the city limits but within a metropolitan service
district shall:
(a) Provide on-route
collection service for source separated recyclable materials identified in OAR
340-090-0630(4)(b) at least once a month for all collection service customers
within the city limits and within the urban growth boundary or metropolitan
service district but outside of the city limits.
(b) Effective July 1, 2026 for the recycling
collection of materials identified on the uniform statewide collection list at
multifamily properties:
(A) Ensure adequate
space for collection.
(B)
Demonstrate a plan to ensure adequate space and access for collection vehicles
after new construction or significant remodels.
(C) Update or establish service standards for
service providers to provide adequate service volume or collection frequency,
or a combination of both.
(D)
Ensure that container placement is accessible to residents, including children
and individuals who use a wheelchair, while giving consideration to resident
and user safety considerations.
(E)
Report on activities to meet the requirements of this subsection in the
periodic report submitted according to the requirements of OAR
340-090-0100.
(c) To the
extent that funding is provided under ORS
459A.890(4),
establish and implement, or cause to be established and implemented, a program
to reduce contamination that:
(A) Includes one
or more local recycling contamination reduction goals that are consistent with
the statewide goals established by the DEQ pursuant to ORS
495A.929(1)(a).
(B) Causes collected source separated
recyclables to undergo periodic evaluation of collected material quality and
contamination, in accordance with forms and procedures established by the
Department of Environmental Quality under ORS
459A.959.
(C) Includes:
(i) At least one of each of the three types
of contamination reduction program elements contained on the list established
by the DEQ pursuant to ORS
459A.929(1)(c),
or
(ii) Uses materials or methods
that are at least as effective as materials or methods approved by DEQ pursuant
to ORS 459A.929(1)(c).
(D) Includes, at least once every five years,
a process for reviewing, and revising as appropriate, the local goals and local
elements established under this subsection.
(8) The city or county responsible for solid
waste management must carry out a public education and promotion program that
meets the following minimum requirements:
(a)
An initial written or more effective notice or combination of both that is
reasonably designed to reach each residential and commercial generator of
recyclable materials, and that clearly explains why people should recycle, the
recycling opportunities available to the recipient, the materials that can be
recycled and the proper preparation of those materials for recycling. The
notice must include the following specific information:
(A) Reasons why people should recycle;
and
(B) Name, address and telephone
number of the person providing on-route collection where applicable;
and
(C) Listing of depots for
recyclable materials at all disposal sites serving the area and any alternative
DEQ-approved more convenient locations, including the materials accepted and
hours of operation; or
(D) Instead
of paragraphs (B) and (C) of this subsection a telephone number and a website
address to find information about depot locations and collection service as
appropriate.
(b) Existing
residential and commercial collection service customers must be provided
information, at least semi-annually, through a written or more effective notice
or combination of both, listing the materials collected, the schedule for
collection, proper method of preparing materials for collection and an
explanation of the reasons why source separation of materials for recycling is
necessary;
(c) Written information
to be distributed to disposal site users at all disposal sites or,
alternatively, more convenient locations with attendants and where it is
otherwise practical. The written information must include the following:
(A) Reasons why people should recycle;
and
(B) List of materials that can
be recycled; and
(C) Instruction
for the proper preparation of recyclable materials.
(d) At sites without attendants, a sign
indicating availability of recycling at the site or at the more convenient
location must be prominently displayed that indicates materials accepted and
hours of operation;
(e) Identify
and establish a procedure for citizen involvement for the development and
implementation of an education and promotion program;
(f) Notification and education materials
provided to local media and other groups that maintain regular contact with
commercial and residential generators and the public in general, including
local newspapers, trade publications, local television and radio stations,
community groups, and neighborhood associations;
(g) A person identified as the education and
promotion representative for the appropriate jurisdiction to be the official
contact to work with the other affected persons in matters relating to
education and promotion for recycling.
(h) A local government that provides the
opportunity to recycle or the local government's service provider shall utilize
and distribute educational resources developed under ORS
459A.893(1). A
local government or the local government's service provider may incorporate the
educational resources developed under this section into an existing education
program developed to satisfy the requirements of ORS
459A.007 and
459A.008.
Statutory/Other Authority: ORS
459.045,
459A.100 - 459A.120 &
468.020
Statutes/Other Implemented: ORS
459A.005,
459A.010,
459A.007,
459A.896,
459A.905,
459A.908,
459A.911,
459A.914 &
459A.929
