Current through Register Vol. 63, No. 3, March 1, 2024
(1) A producer responsibility organization
must pay the costs of transporting covered products from a recycling depot or
recycling reload facility to a commingled recycling processing facility or a
responsible end market as provided by ORS
459A.890(2) and
this rule.
(2) Transportation costs
must be based on the actual costs of managing and transporting covered products
that must be shipped more than 50 miles.
(3) The 50-mile distance in section 2 of this
rule and ORS 459A.890(2)(b)(E)
is the shortest driving distance to the nearest commingled recycling processing
facility or a responsible end market with capacity to accept the material and
applies to covered products as stated in subsections (a) through (d) of this
section.
(a) If the material is fully
commingled, the distance measured is to the nearest commingled recycling
processing facility with capacity to accept the material.
(b) If the material is collected separately
(for example glass) or is not fully commingled and requires further sorting or
processing before being received by a responsible end market, then the distance
is measured to the nearest processing or sorting facility that will prepare the
material and send it to a responsible end market.
(c) If the material is collected separately
and in a condition that would allow it to be received directly by a responsible
end market without additional processing, then the distance is measured to the
nearest responsible end market.
(d)
If a separated material or a group of materials is initially taken to a
commingled recycling processing facility or other processing facility and the
material requires additional processing or sorting before it can be accepted by
a responsible end market, then the distance is measured to the nearest initial
commingled recycling processing facility or other processing facility. The
producer responsibility organization is not responsible under this rule for
paying the transportation costs associated with the transport of material from
the initial commingled recycling processing facility or other processing
facility to additional processing facilities or a responsible end
market.
(4) Costs to
receive, consolidate, load and transport covered products include, but are not
limited to, purchasing and maintaining equipment, signage, and other similar
costs of operating the recycling depot or recycling reload facility not already
covered under other sections of ORS
459A.860 through ORS
459A.975. Costs incurred before
the receiving of covered products at a recycling depot or reload facility are
not eligible for compensation unless noted elsewhere.
(5) Transportation costs include
administrative costs related to the activities described in ORS
459A.890(2).
Administrative costs include, but are not limited to, costs related to staffing
and the hiring and managing of staff.
(6) Transportation costs do not include the
proportion of a shipment of recyclable material that is not covered products,
as provided by ORS 459A.890(2)(b)(C).
Costs that are not eligible for payment under ORS
459A.890(2)(b)(C)
will be determined as stated in subsections (a) through (c) of this section.
(a) Until completion of the study described
in subsection (b) of this section, a producer responsibility organization will
use data from the 2023 Oregon Solid Waste Characterization and Composition
Study to determine the proportion of a shipment of recyclable material that is
not covered products.
(b) Starting
in 2027, and at least once every five years thereafter, a producer
responsibility organization must fund a study to determine the proportion of
collected recyclable material that is covered product and is eligible for
transportation costs reimbursement. The study will include the following:
(A) The study will provide statewide averages
for the proportion of covered material in commingled recyclable material,
recyclable material that is collected separately and recyclable material that
is not fully commingled. For the latter two categories the study may provide
different averages for different materials as appropriate.
(B) Study protocols and timing must be
included in the producer responsibility organization's program plan and will be
approved as a part of plan approval under ORS
459A.878. If multiple producer
responsibility organization program plans are approved by DEQ, the producer
responsibility organizations' coordinating body will undertake one study and
submit a joint study protocol to DEQ for approval in the manner provided by
DEQ.
(C) Upon completion of a
study, a producer responsibility organization, or coordinating body, will use
the statewide averages from the study to determine the proportion of a shipment
of recyclable material that is not covered products.
(c) If a local government, a local
government's service provider or a producer responsibility organization
believes that the local commingled recycling stream has a substantially
different proportion of recyclable material that is not covered products
compared to the statewide average, then a local government, a local
government's service provider or a producer responsibility organization may, at
their own expense, conduct a study to better determine the proportion of
recyclable material that is not covered products in the local collected
commingled recycling stream. The party conducting the study will provide the
other parties and DEQ at least 30 days to comment on study methods. The dispute
resolution process in the producer responsibility organization's approved
program plan shall apply to any dispute between the producer responsibility
organization, or a coordinating body, and the local government or local
government's service provider regarding a study performed under this
subsection. Upon completion of the study and subject to dispute resolution and
DEQ concurrence, the averages determined in the study will be used by a
producer responsibility organization, or a coordinating body, and the local
government or local government's service provider that performed the
study.
(7) Transportation
costs include the cost to receive, consolidate, and load covered products. If a
shipment of material contains both covered products and material that is not
covered products, the cost a producer responsibility organization, or a
coordinating body, must pay to receive, consolidate and load are the costs
associated with the covered product. If such costs associated with the covered
products cannot be separated from such costs associated with material that is
not covered product and a producer responsibility organization and a local
government or local government's service provider cannot otherwise agree on the
payment of such costs, the producer responsibility organization, or
coordinating body, will pay the total cost to receive, consolidate and load the
material reduced by the estimated proportion of the material that is not
covered product.
(8) For purposes
of this rule, material is not fully commingled if a load of recyclable material
intended to be transported to a commingled recycling processing facility
contains some but not all the material listed on the Uniform Statewide
Collection List.
Statutory/Other Authority: ORS
459A.975 & 468.020
Statutes/Other Implemented: ORS
459A.860 -
459A.975
