Current through Register Vol. 63, No. 3, March 1, 2024
(1) Recycling list definitions. For purposes
of the recycling acceptance lists under sections 2 and 3 of this rule, the
terms below have the following meanings:
(a)
"Aerosol can" has the same meaning found in
40 CFR
273.9.
(b) "Aseptic carton" means a shelf-stable
package made for a food or beverage product that is made mainly of paperboard,
but also includes protective layers of polyethylene and aluminum.
(c) "Bottle" means a rigid container with or
without a handle and with a neck or mouth smaller than the base.
(d) "Cap" means a rigid closure for tubs or
bottles that has a fastening feature that involves threads.
(e) "HDPE" means high density
polyethylene.
(f) "Lid" means a
rigid closure for tubs that has a fastening feature other than
threads.
(g) "Non-metallized gift
wrap" means paper gift wrap devoid of non-paper additives like metallic flakes,
glitter, metalized mylar or any similar material.
(h) "PE" means polyethylene and includes
HDPE, low density polyethylene and linear low density polyethylene.
(i) "PET" means polyethylene
terephthalate.
(j) "PP" means
polypropylene.
(k) "Pressurized
cylinder" means any packaging containing flammable pressurized gas, helium or
carbon dioxide, including, but not limited to, seamless cylinders and tubes,
welded cylinders and insulated cylinders intended to contain helium, carbon
dioxide or flammable materials such as propane, butane or other flammable
compressed gases. "Pressurized cylinder" does not include:
(A) any cylinder, tube or container intended
to deliver a product that is not a compressed gas;
(B) liquified petroleum gas containers that
are designed to be refilled;
(C)
any other cylinder, tube or container that is designed to be refilled and which
has an active and functioning exchange system that normally causes the
cylinder, tube or container to be refilled, reused, or refurbished, unless the
cylinder, tube or container is damaged and not appropriate to be subsequently
refilled, reused, or refurbished;
(D) any cylinder, tube or container that
contains pure oxygen or hydrogen;
(E) fire extinguishers;
(F) aerosol cans; or
(G) a storage tank that is permanently fixed
in location.
(l)
"Recycle-compatible coating" means a water-soluble barrier that can be used on
fiber-based packaging that does not negatively impact the recyclability of that
packaging.
(m) "Scrap metal" means
ferrous and non-ferrous waste metal, metallic material, electrical wiring and
any product that contains at least 50 percent metal by weight and that is
capable of being recycled. Scrap metal includes major appliances that contain
refrigerants.
(n) "Tub" means a
rigid container that has a neck or mouth similar in size to its base. "Tub"
does not include a clamshell or similar container with a lid that is affixed to
the base using a hinge or similar mechanism.
(2) Local Government Recycling Acceptance
List. The following material must be collected pursuant to ORS
459A.005 and ORS
459A.914(1)(a)
to provide the opportunity to recycle:
(a)
Corrugated cardboard; uncoated or coated with recycle-compatible coating;
including pizza boxes;
(b) Paper
bags and mailing envelopes, excluding those with a plastic liner;
(c) Paperboard boxes and packaging, such as
cereal, cracker and medicine boxes, excluding any non-paper flexible packaging
inside such boxes or packaging, and excluding items used to package goods that
are normally placed in a refrigerator or freezer;
(d) Polycoated cartons (for example milk
cartons) and aseptic cartons;
(e)
Molded pulp packaging, excluding food serviceware;
(f) Tissue paper used for
packaging;
(g) Non-metalized gift
wrap;
(h) All printing and writing
paper, including newspaper, newsprint, newspaper inserts, magazines, catalogs,
similar glossy paper, telephone directories, ledger, bond, copy and printer
paper, notebook paper, envelopes, cards, mail, and items made of such paper and
bound with staples, and paperback books, but excluding thermal paper and
hardcover books;
(i) File folders
and hanging files;
(j) Plastic that
fits loosely in the generator's provided on-route collection container,
excluding any such item that was used to contain or store motor oil,
antifreeze, or other automotive fluids, pesticides or herbicides, or other
hazardous materials (flammable, corrosive, reactive, toxic), as follows:
(A) Plastic bottles that measure at least two
inches in each of two or more dimensions, including caps if screwed on, made of
the following materials:
(i) PET (#1) (clear
only);
(ii) HDPE (#2);
and
(iii) PP (#5)
(B) Plastic tubs that measure at
least two inches in each of two or more dimensions, including caps if screwed
on, made of the following materials:
(i) PET
(#1);
(ii) HDPE (#2); and
(iii) PP (#5)
(C) Plastic buckets, pails, and storage
containers, including lids if snapped on, made of the following materials:
(i) HDPE (#2); and
(ii) PP (#5)
(D) Nursery (plant) packaging, such as pots
and trays, made of the following materials:
(i) HDPE (#2); and
(ii) PP
(k) Aluminum food, pet food, and beverage
cans;
(l) Steel and bi-metal cans,
including empty or dry metal paint cans;
(m) Scrap metal weighing less than 10 pounds
and smaller than 18" in length, excluding sharp items (for example knives) and
bicycle chains, electrical wiring and other wires, and other similar items
likely to cause tangling;
(n) Other
scrap metal;
(o) Motor oil;
and
(p) Glass bottles and jars, but
only from non-residential sources and only in the Metro wasteshed (this
requirement is in addition to the requirements for glass recycling under
section 3 of this rule).
(q) Yard
debris, but only in the Metro wasteshed.
(3) Producer Responsibility Organization
Recycling Acceptance List. The following materials are designated as covered
products of which a producer responsibility organization must provide for the
collection through recycling depot or mobile events as provided in ORS
459A.896(1):
(a) Steel and aluminum aerosol
cans;
(b) Aluminum foil and
products made of pressed aluminum foil;
(c) Shredded paper;
(d) Polyethylene film and packaging that is:
(A) made of polyethylene film containing a
minimum of 90 percent polyethylene and copolymers by weight,
(B) free of intentionally added PET, PVC,
PVDC, paper, aluminum, degradable polymers and degradable additives,
and
(C) free of or including
flexible seals, closures or dispensers so long as they are made of polyethylene
and contribute less than 10 percent of the total package by weight;
(e) Plastic buckets, pails and
storage containers made of HDPE (#2) or PP (#5) and the lids of such items, but
excluding such items if used to contain or store motor oil, antifreeze, or
other automotive fluids, pesticides or herbicides, or other hazardous materials
(flammable, corrosive, reactive, toxic);
(f) Glass bottles and jars;
(g) Block white expanded
polystyrene;
(h) PE and PP lids and
caps;
(i) HDPE package handles (for
example 6-pack handles); and
(j)
Pressurized cylinders.
(4) The materials listed in Section 2 of this
rule must be collected as follows:
(a) The
materials listed in subsections (a) through (o) must be collected at depots as
part of the opportunity to recycle pursuant to ORS
459A.005 and
459A.007;
(b) The materials listed in subsections (a)
through (m) are also designated for recycling collection from collection
service customers as described in ORS
459A.005(1)(a)(A)
and ORS 459A.863(25)(a) to
(c);
(c) The materials listed in subsection (p)
must be collected from non-residential collection service customers as part of
routine collection service described in ORS
459A.005(1)(a)(A)
and ORS 459A.863(25)(b),
but only in the Metro wasteshed;
(d) The materials listed in subsection (q)
must be collected at depots as part of the opportunity to recycle pursuant to
ORS 459A.005(1)(a)(A)
and from collection service customers as described in ORS
459A.005(1)(a)(A)
and ORS 459A.863(25)(a) and
(b), but only in the Metro wasteshed;
and
(e) The materials listed in
subsections (a) through (m) are suitable for commingled collection and are
included in the Uniform Statewide Collection List.
(f) In accordance with this subsection, a
local government may submit a request for additional time to meet the
obligation to collect materials on the Uniform Statewide Collection List
pursuant to section 2 of this rule to DEQ for approval, if the local
government's ability to successfully collect the materials is dependent on the
local government receiving funding for trucks, containers, or a reload facility
requested from a producer responsibility organization through the 2023 needs
assessment, pursuant to ORS
459A.890(8),
and the local government has not yet received the funding. The local government
must provide any information requested by DEQ to review the local government's
request and describe to the satisfaction of DEQ the local government's process
and timeline for complying with the obligation to collect all materials on the
Uniform Statewide Collection List pursuant to section 2 of this rule. DEQ may
approve the request, with or without conditions, if it determines that the
local government's ability to successfully collect the materials that are the
subject of the request is dependent on the local government receiving funding
for trucks, containers, or a reload facility requested from the producer
responsibility organization through the 2023 needs assessment, pursuant to ORS
459A.890(8),
and the local government has not yet received the funding.
(g) A producer responsibility organization
may propose additions to the Uniform Statewide Collection List as provided in
ORS 459A.914(4)(b).
To be considered by the department, such a proposal must address, for each
material proposed for addition, each of the considerations contained in ORS
459A.914(3).
[Note: ORS
459A.914(4)(b)
authorizes additions to the Uniform Statewide Collection List through methods
other than rulemaking. Materials not on the Uniform Statewide Collection List
shall not be collected commingled with other materials per ORS
459A.914(5).
The Uniform Statewide Collection List consists of materials designated in (e)
above plus additional materials approved by DEQ pursuant to ORS
459A.914(4)(b).
For the full list of materials on the Uniform Statewide Collection List consult
Oregon Department of Environmental Quality's Materials Management
Program.]
Statutory/Other Authority: ORS
459A.975 & 468.020
Statutes/Other Implemented: ORS
459A.860 -
459A.975