Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 98 - MATERIALS MANAGEMENT: PRODUCT STEWARDSHIP PROGRAMS
Section 340-098-0350 - Services and Collection Events in Place of a Required Drop-Off Site
Current through Register Vol. 63, No. 3, March 1, 2024
In determining whether to grant a waiver under ORS 459A.209(3), or to approve additional services and collection events in place of a drop-off site under ORS 459A.218(3), DEQ will consider whether the program operator has demonstrated:
(1) Good faith efforts to solicit and enter into agreements with potential authorized collectors in the affected county or population center for which a waiver or DEQ approval is sought, such as through outreach to identify, contact and engage with potential authorized collectors;
(2) Why a drop-off site cannot established or maintained in the affected county or population center, including an explanation of any conditions for participation on which the program operator or any potential authorized collector could not agree;
(3) How the proposed services and, as applicable, collection events will provide reasonably convenient and equitable access to all residents in the affected county or population center, and engagement with minority, lower-income, rural and other historically underserved communities to help ensure this;
(4) Concurrence by the appropriate local governments in the affected population center or county with the proposed services and, as applicable, collection events, or an explanation of why the program operator could not obtain such concurrence despite good faith efforts;
(5) Commitment to solicit potential authorized collectors for the affected county or population center on at least an annual basis.
Statutory/Other Authority: ORS 468.020, ORS 468.065, ORS 459A.266 & HB 3273 (2019)
Statutes/Other Implemented: ORS 459A.203, ORS 459A.209, ORS 459A, ORS 459A.212, ORS 459A.215, ORS 459A.218, ORS 459A.239, ORS 459A.242 & HB 3273 (2019)
