Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 90 - RECYCLING AND WASTE REDUCTION
Section 340-090-0640 - Convenience Standards
Universal Citation: OR Admin Rules 340-090-0640
Current through Register Vol. 63, No. 3, March 1, 2024
(1) For purposes of ORS 495A.896(1) and this rule:
(a) An existing recycling depot or
drop off center is any place located in Oregon that accepts any recyclable
material from the general public at the time the producer responsibility
organization submits its most recent Program Plan or plan amendment, and which
also meets at least one of the following five criteria:
(A) The recycling depot or drop off center is
used by a local government to satisfy the requirement in ORS
459A.005(1)(a)(A)
to provide a place for collecting source separated recyclable material,
including the materials on the uniform statewide collection list established
under ORS 459A.914 designated for
collection at a recycling depot, located either at a disposal site or at
another location more convenient to the population being served.
(B) The recycling depot or drop off center is
used by a local government to satisfy the optional opportunity to recycle
program element described in ORS
459A.007(1)(g).
(C) The recycling depot or drop off center is
operated by or at the direction of a Tribal government.
(D) The recycling depot or drop off center is
located at a site that operates under a valid solid waste permit issued by the
DEQ.
(E) The recycling depot or
drop off center is operated by or at the direction of a local government or a
local government's service provider, as defined in ORS
459A.863(12).
(b) For purpose of satisfying obligations
under ORS 459A.896, it is possible for a
producer responsibility organization to contract with an existing recycling
depot or drop off center to provide for collection of a covered product or
products if the recycling depot or drop off center meets all the following
conditions:
(A) The operator of the existing
recycling depot or drop off center is willing to contract to provide collection
service on behalf of the producer responsibility organization.
(B) The operator of the existing recycling
depot or drop off center commits to meet and is meeting all performance
standards and other requirements on the producer responsibility organization
and to provide collection service on behalf of the producer responsibility
organization.
(C) The annual cost
to the producer responsibility organization to contract for collection and
recycling of a material or set of materials with the recycling depot or drop
off center does not exceed 110 percent of the cost the producer responsibility
organization would otherwise pay to provide a collection point for that
material or set of materials.
(D)
The operator of the existing recycling depot or drop off center demonstrates to
the producer responsibility organization that the cost of reimbursement it
requests are reasonable and only pays for additional costs associated with
collection of the additional materials. An existing recycling depot or drop off
center and a producer responsibility organization will resolve any disputes
concerning the reasonableness of reimbursement costs through the dispute
resolution process described in ORS
459A.875(2)(e).
(c) An existing recycling depot or drop off
center that contracts with a producer responsibility organization pursuant to
ORS 459A.896(1)
must meet all relevant requirements of the producer responsibility
organization, including performance standards as described in OAR 340-090-0650
and requirements for responsible end market disposition (ORS
459A.896(2)).
(d) For purposes of paragraphs (a)(A) and (B)
of this section, if a local government has more than the minimum number of
depots or drop off centers required by ORS
459A.005(1)(a)(A)
or 459.007(1)(g)
the local government must inform a producer responsibility organization, upon
request, which depots or drop off centers are being used to meet the
requirements of ORS 459A.005(1)(a)(A)
or 459.007(1)(g).
If a local government fails to provide the information within 90 days of a
request DEQ may, after consulting with the local government and producer
responsibility organization, determine which depots or drop off centers are
being used to meet the requirements of ORS
459A.005(1)(a)(A)
or 459.007(1)(g).
(e) If a recycling depot or drop off center
that does not meet the requirements of subsection (a) of this section
subsequently comes into compliance with those requirements a producer
responsibility organization must contract with the recycling depot or drop off
center within 12 months of the recycling depot or drop off center meeting the
requirements of subsection (a) of this section, provided that the recycling
depot or drop off center also meets the other requirements of this section. If
the addition of the recycling depot or drop of center results in the producer
responsibility organization exceeding the minimum number of collection points
required by subsections (2)(d) to (f) of this rule the producer responsibility
organization may discontinue service at another collection point in the same
community, subject to the requirements of section 4 of this rule.
(f) If a producer responsibility organization
determines that it is not possible to contract with an existing recycling depot
or drop off center pursuant to subsection (2)(a) of this rule, due to the
exceedance of the price premium cap in paragraph (1)(b)(C) of this rule, DEQ
may request financial information from both the producer responsibility
organization and the existing facility to verify that the cap would be
exceeded. A producer responsibility organization must provide the information
requested by DEQ and may not prohibit, by nondisclosure agreement or other
mechanism, the sharing of the requested information by the existing
facility.
(2) Minimum number of collection points. For purposes of this section a collection point is a location that accepts from the public one or more materials on the Producer Responsibility Organization Recycling Acceptance List pursuant to OAR 340-090-0630(3) and which meets all performance standards as described in OAR 340-090-0650. A producer responsibility organization must provide the following minimum number of collection points:
(a) A
producer responsibility organization must provide for collection and recycling
of all covered products on the producer responsibility organization acceptance
list, pursuant to OAR 340-090-0630(3), at any existing recycling depot or drop
off center where it is possible, as provided by subsection 1(b) of this
rule.
(b) A producer responsibility
organization must meet the base convenience standard described in paragraphs
(d)(A), (d)(B) and (e)(A) and (B) of this section for every material described
in the producer responsibility organization recycling acceptance list, pursuant
to OAR 340-090-0630(3), except as provided by subsection (c) of this
section.
(c) A producer
responsibility organization must meet the enhanced convenience standard
described in in paragraphs (d)(A), (d)(C) and (e)(C) and (D) of this section
for the materials identified in OAR 340-090-0630(3)(d) - (f), (h) and
(i).
(d) Collection points in
counties.
(A) A producer responsibility
organization must provide at least one collection point in every county for
every covered product on the producer responsibility organization acceptance
lists.
(B) For each material
subject to the base convenience standard in subsection (b) of this section, a
producer responsibility organization must provide one additional collection
point as follows:
(i) For Clackamas, Multnomah
and Washington counties, one additional collection point for every 60,000
residents of that county.
(ii) For
all other counties, one additional collection point for every 40,000 residents
of that county.
(C) For
each material designated for enhanced convenience pursuant to subsection (c) of
this section, a producer responsibility organization must provide one
additional collection point as follows:
(i)
For Clackamas, Multnomah and Washington counties, one additional collection
point for every 45,000 residents of each county.
(ii) For all other counties, one additional
collection point for every 30,000 residents of that county.
(D) Where the required number of collection
points for a county exceeds the sum of the collection points required by
subsections (a) and (e) of this section, the additional collection points shall
be located in unincorporated areas of the county. The producer responsibility
organization shall consult with the county government and consider areas
recommended by the county for placement of such collection
points.
(e) Collection
points in cities.
(A) For every material
subject to the base convenience standard in subsection (b) of this section, a
producer responsibility organization must provide for at least one collection
point:
(i) In each city in Clackamas,
Multnomah and Washington counties with a population of 14,000 or more
residents; and
(ii) In all other
cities with a population of 7,000 or more residents.
(B) For every material subject to the base
convenience standard in subsection (b) of this section, a producer
responsibility organization must provide additional collection points in a city
as follows:
(i) For cities in Clackamas,
Multnomah and Washington counties, one additional collection point for every
75,000 residents of the city; and
(ii) In all other cities one additional
collection point for every 35,000 residents of the city.
(C) For each material designated for enhanced
convenience, pursuant to subsection (c) of this section, a producer
responsibility organization must provide at least one collection point as
follows:
(i) In cities in Clackamas, Multnomah
and Washington counties with a population of 8,000 or more residents;
and
(ii) In all other cities with a
population of 4,000 or more residents.
(D) A producer responsibility organization
must provide one additional collection point in a city for every covered
product designated for enhanced convenience:
(i) For cities in Clackamas, Multnomah and
Washington counties, one collection point for every 50,000 residents of the
city; and
(ii) For all other cities
one collection point for every 30,000 residents of the
city.
(E) If more than
one collection point for any material is required within a single city, the
producer responsibility organization shall locate the collection points within
the city so that no major sections of the city lack convenient service relative
to other areas of the city. A producer responsibility organization must
coordinate with DEQ to meet the requirements of this paragraph.
(F) If more than one collection point for any
material is provided within a single city, at least 50 percent of all
collection points for each material used to satisfy subsection (2)(e) of this
rule shall be located in such a way as to be convenient to users of transit
service, if the city is served by transit service. The producer responsibility
organization shall describe in its program plan how this requirement is
satisfied.
(f) A producer
responsibility organization must provide sufficient collection points for all
materials on the producer responsibility organization acceptance list such that
95 percent of all residents of Oregon live within 15 miles of a collection
point.
(g) A producer
responsibility organization may use the same collection points to meet the
requirements of subsections (a), (d), (e) and (f).
(h) A producer responsibility organization
must describe in its program plan how it will provide enhanced access to
recycling of materials on the producer responsibility organization acceptance
list for populations that may otherwise find it difficult to participate in
service at collection points (for example valet service for vehicle users in
wheelchairs and partnering with service organizations that work with homebound
populations).
(3) Days and hours of operation. Collection points described in Section 2 of this rule must be available to the public as follows:
(a) If the collection point is co-located
with a "parent" facility (for example a retailer if return-to-retail, or an
existing depot) the same hours of operation as that parent facility is
open.
(b) For all other collection
points (stand-alone sites) 4 days per week (with exceptions provided for on
legal holidays), at least one of which must be Saturday or Sunday and at least
8 hours each of those 4 days.
(4) Notification of changes and continuity of services.
(a) Except as provided by subsection
(c) of this section, a producer responsibility organization must provide DEQ
and a collection point operator at least three months' notice in writing if a
producer responsibility organization closes a collection point. The producer
responsibility organization must also provide a concurrent notice to users of
the collection point using prominently placed signage at the collection point
location and on a website used by the producer responsibility organization for
promotion with the public. Collection point closure notices must include the
following information:
(A) Date of service
discontinuation; and
(B)
Alternative collection point location(s) or service
information.
(b) Except
as provided by subsection (c) of this section, if a collection point that a
producer responsibility organization is using to satisfy the requirements of
subsection (2)(a) of this rule no longer meets any of the conditions of
subsection (1)(b) of this rule, the producer responsibility organization must
not discontinue service until one of the following occurs:
(A) The contract with the site operator
expires;
(B) The program plan
period ends; or
(C) The parties
reach mutual agreement.
(c) A producer responsibility organization
may close a collection point for or discontinue acceptance of pressurized
cylinders or aerosol cans without three months' notice in writing if:
(A) the collection point operator is an
entity other than the producer responsibility organization;
(B) the collection point is not in compliance
with contractual terms related to environmental protection or human
health;
(C) The producer
responsibility organization provides prior notice of its intention to
discontinue the collection point; and
(D) The collection point does not promptly
correct the issue.
(d) If
a producer responsibility organization discontinues service pursuant to
subsection (c) it shall notify DEQ as soon as possible and provide notice to
users of the collection site.
(5) If a covered product on a producer responsibility organization's recycling acceptance list pursuant to administrative rule is subsequently added to the uniform statewide collection list pursuant to ORS 459A.914(4)(b), a producer responsibility organization must meet obligations for collection as follows:
(a) only at existing recycling
depots or drop off centers, as provided by subsection (2)(a) of this rule;
and
(b) only if the depot or drop
off center is continuing to collect the covered product separately from other
materials.
(6) Alternative compliance.
(a) A producer
responsibility organization may propose an alternative to the requirements of
section 2 of this rule in writing in the producer responsibility organization
program plan or an amendment to the plan for approval by the department. If the
alternative results in a city or county receiving fewer collection points than
required by section 2 of this rule, the producer responsibility organization
must demonstrate that it has consulted with the city or county regarding the
proposed alternative approach.
(b)
If a producer responsibility organization proposes to use collection events as
an alternative to the requirements of section 2 of this rule, such events must
be predictable (fixed set of locations on a regular schedule and promoted far
in advance); and widely advertised.
(c) DEQ will assess an alternative compliance
proposal during program plan review against the following criteria:
(A) Impact on the achievement of collection
targets,
(B) Impact on equitable
access to recycling across regions and diverse populations; and
(C) Demonstrated support of relevant local
government(s) for the proposal.
(7) DEQ may approve a temporary variance to the requirements of sections (2) and (3) of this rule.
Statutory/Other Authority: ORS 459A.975 & 468.020
Statutes/Other Implemented: ORS 459A.860 - 459A.975
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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