Current through Register Vol. 63, No. 3, March 1, 2024
This rule describes the necessary procedures and requirements
that a city, county, metropolitan service district, or disposal site permittee
on behalf of an out-of-state person must follow in order to request approval of
an alternative program for meeting the requirements of OAR 340-090-0030(1),
(7)(a) and (8), 340-090-0040, and 340-090-0042.
(1) The city, county or metropolitan service
district responsible for solid waste management may apply for and request
approval by DEQ of an alternative program for providing the opportunity to
recycle. Each request must be made in writing to DEQ on a form DEQ provides.
The request for an alternative program must be complete, signed by the
appropriate authority for the city, county, metropolitan service district or
disposal site permittee for an out-of-state request and address all of the
requirements in section (3) of this rule and sections (5) and (6) of this rule
if applicable.
(2) DEQ will review
applications as they are received. DEQ will approve, approve with conditions,
or reject each proposed alternative program based on consideration of the
criteria described in section (3) of this rule.
(3) Each application for approval of an
alternative program for providing the opportunity to recycle must include
detailed written information and data on the following:
(a) A description of the alternative program
being proposed and how it is different from the standard method that would be
required to be implemented under the opportunity to recycle
requirements;
(b) The conditions
and factors that make the alternative program necessary;
(c) How the alternative program is convenient
to the commercial and residential generators of solid waste using or receiving
the service;
(d) How the
alternative program is as effective in recovering recyclable materials from
solid waste as the requirements in OAR 340-090-0020, 340-090-0030(1), (7)(a)
and (8), 340-090-0040, and 340-090-0050 for providing the opportunity to
recycle.
(e) How the alternative
program would achieve at least the lesser of:
(A) The local government unit's wasteshed
recovery rate goal specified in OAR 340-090-0050; or
(B) Recovery levels comparable to similar
communities. For the purposes of this rule, "similar community" means another
local government unit that is similar, for the purpose of DEQ's evaluation of
the local government's alternative program, based on:
(i) Population or population
density;
(ii) Relevant
demographics;
(iii) Distance to a
market for material collected for recycling;
(iv) Costs of collection and disposal;
and
(v) Other criteria DEQ
approves.
(4) Anytime a city, county, metropolitan
service district, or disposal site permittee on behalf of an out-of-state
person desires to make changes to the approved alternative program, they must
submit an amended application for DEQ's approval following the same
requirements in sections (3), (5) and (6) of this rule.
(5) In addition to any other standards or
conditions, an alternative program for providing the opportunity to recycle
yard debris in the Metro wasteshed must meet the following minimum standards:
(a) The alternative program is available to
substantially all yard debris generators in the local jurisdiction;
(b) The alternative program can be
demonstrated to result in the recycling of yard debris from the solid waste
stream;
(c) There is a promotion
campaign that is designed to inform all potential users about the availability
and use of the method;
(d) The
city, county or metropolitan service district must individually or jointly,
through intergovernmental agreement, choose from the following yard debris
recycling program options as an alternative program:
(A) Provide monthly or more often on-route
collection of yard debris during the months of April through October with
drop-off depots for non-collection service customers available at least
monthly;
(B) Provide biweekly or
more often yard debris collection depots within one mile of yard debris
generators, or such that there is at least one conveniently located depot for
every 25,000 population; or
(C)
Provide monthly or more often yard debris collection, supplemented by a weekly
or more often yard debris depot during the months of April through October,
both within one mile of the yard debris generators, or such that there is at
least one conveniently located depot for every 25,000
population.
(e) If the
alternative program is proposed by a metropolitan service district the
alternative program request must include written commitments from the local
governments covered by the program to implement the program or a demonstration
of the metropolitan service district's authority to implement the
program.
(6) In addition
to the requirements in section (3) of this rule, when a disposal site permittee
is requesting approval of an alternative program for an out-of-state person the
following criteria must be met:
(a) For the
purposes of satisfying the requirement in subsection (3)(b) of this rule for a
local government unit the alternative program must designate a wasteshed having
a common solid waste disposal system or an appropriate area within which to
carry out a common recycling program and select and provide justification for
an appropriate recovery rate based on similar wasteshed characteristics in
Oregon including population density, and distance to recycling
markets;
(b) For persons other than
local government units the request for alternative program approval must
provide information explaining how the alternative program provides the
opportunity for the person to reduce the amount of waste that would be disposed
and a description of how the alternative program is
implemented.
(7) Instead
of a local government implementing a waste prevention and reuse program under
OAR 340-090-0042, a local government may apply for DEQ's approval of an
alternative waste prevention and reuse program. To apply, a local government
must follow these procedures:
(a) Each
application for an alternative waste prevention and reuse must be made in
writing on a form that DEQ provides. The application must be complete, signed
by the local government, and address all of the requirements in section (3) of
this rule.
(b) DEQ will review
applications as they are received. For each application, using the information
in subsection (c) of this rule, DEQ must, for the proposed alternative waste
prevention and reuse program:
(A) Approve the
proposed program;
(B) Approve the
proposed program with conditions; or
(C) Reject the proposed
program.
(c) Each
application must include the following detailed information:
(A) A description of the proposed alternative
waste prevention and reuse program;
(B) Explanations of how the proposed
alternative waste prevention and reuse program would be different than and
designed to achieve similar benefits as the waste prevention and reuse program
that would otherwise by required under rule;
(C) A written plan describing how the
proposed alternative waste prevention and reuse program would provide citywide
or countywide education and promotion about the environmental benefits of, and
opportunities to reduce the generation of waste through, waste prevention and
reuse in the local government unit;
(D) An explanation of the conditions and
factors that make the proposed alternative waste prevention and reuse program
preferable; and
(E) A description
of waste generating behaviors targeted for change for residential and
commercial generators of solid waste in the local government unit and how that
change would be measured.
Statutory/Other Authority: ORS
459A.025,
459.045 & 468.020
Statutes/Other Implemented: ORS
459A.005,
459A.010,
459A.025 &
459A.055