(a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities within the wasteshed are implementing the opportunity to recycle, including the requirements of ORS 459A.007 and 459A.010. A wasteshed is encouraged to report the results of the wasteshed’s commercial recycling program evaluations in the wasteshed’s periodic report to the department.
(b) An annual report that states for the wasteshed the type of material and the weight of each type of material collected through the following means:
(A) On-route collection;
(B) Collection from commercial customers; and
(C) Collection at disposal site recycling depots.
(c) If solid waste generated in the wasteshed is disposed of outside of the state, the total weight of the solid waste disposed of outside the state, which shall be included in the annual report.
(2) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department annual reports that include the information required under subsection (1) of this section.
(3) Except as provided in subsection (4) of this section and subject to the exclusions of ORS 459A.010 (3)(d), each solid waste disposal site that receives solid waste, except transfer stations, shall report, for each wasteshed, the weight of in-state solid waste disposed of at the solid waste disposal site that was generated in each wasteshed.
(4) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department the weight of solid waste disposed of through the following facilities:
(a) Metropolitan service district central transfer station;
(b) Metropolitan service district south transfer station;
(c) Municipal solid waste compost facility; and
(d) Any disposal facility or transfer facility owned, operated or under contract by the metropolitan service district.
(5) The cities and counties within each wasteshed shall share proportionally in the costs incurred for the preparation and submission of the annual report required under this section.
(6) At least annually, the department shall survey privately operated recycling and material recovery facilities, including but not limited to buy back centers, drop off centers, recycling depots other than those at permitted land disposal facilities, manufacturers and distributors. The department shall collect the following information:
(a) By type of material for each wasteshed, the weight of in-state material collected from other than on-route collection programs, both residential and commercial.
(b) Any other information necessary to prevent double counting of material recovered or to determine if a material is recyclable.
(7) Information collected under subsection (6) of this section, as it relates specifically to the entity’s customer lists or specific amounts and types of materials collected or marketed, is confidential and exempt from disclosure under ORS 192.311 to 192.478. The department may use and disclose such information in aggregated form.
(8) The information in subsections (1)(b) to (4) and (6) of this section shall be collected and reported annually on a form provided by the department.
(9) Unless extended by the Environmental Quality Commission upon application under ORS 459A.055 after the affected persons show good cause for an extension, the affected persons within the wasteshed shall implement the opportunity to recycle and submit the recycling report to the department. [Formerly 459.180; 1993 c.560 §80; 1997 c.552 §13; 2001 c.513 §4; 2015 c.534 §18]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling
Section 459A.005 - "Opportunity to recycle" defined.
Section 459A.007 - Opportunity to recycle program elements; local government fee.
Section 459A.008 - Expanded education and promotion program.
Section 459A.010 - Policy; statewide goals; recovery rates.
Section 459A.012 - Alternative recovery rate calculation methods; rules.
Section 459A.015 - Commission duties.
Section 459A.020 - Statewide integrated solid waste management plan; review; revision.
Section 459A.025 - Adoption of rules regarding waste disposal and recycling.
Section 459A.027 - Legislative findings.
Section 459A.035 - Solid waste composition study.
Section 459A.045 - Request for modification or variance.
Section 459A.050 - Recycling reports.
Section 459A.055 - Variance or request for extension to provide opportunity to recycle.
Section 459A.065 - Mandatory participation in recycling.
Section 459A.070 - Limitation on amount charged person who source separates recyclable material.
Section 459A.075 - Exemptions.
Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules.
Section 459A.100 - Definitions for ORS 459A.100 to 459A.120.
Section 459A.120 - Use of additional fees.
Section 459A.125 - Maximum amount of additional fee; adjustments.
Section 459A.130 - Rebate of additional fee to economically distressed counties.
Section 459A.200 - Definitions.
Section 459A.203 - Requirement to participate in drug take-back program; rules; fines.
Section 459A.206 - Organization of program operator.
Section 459A.209 - Plan for drug take-back program; requirements; approval; updated plans.
Section 459A.212 - Changes to program; preapproval; notification; rules.
Section 459A.215 - Authorized collectors; rules.
Section 459A.218 - Drop-off sites; rules.
Section 459A.221 - Covered drug collection events.
Section 459A.224 - Disposal of covered drugs.
Section 459A.227 - Public awareness.
Section 459A.230 - Annual report.
Section 459A.233 - Costs of participation in drug take-back program.
Section 459A.236 - Inspection and audit.
Section 459A.239 - Enforcement; civil penalties.
Section 459A.245 - Secure Drug Take-Back Account.
Section 459A.251 - Application of antitrust laws.
Section 459A.254 - Confidentiality.
Section 459A.257 - Nonapplicability of Uniform Controlled Substances Act.
Section 459A.260 - State preemption of local laws.
Section 459A.263 - Interagency agreements.
Section 459A.300 - Legislative findings.
Section 459A.305 - Definitions for ORS 459A.305 to 459A.355.
Section 459A.315 - Registration by manufacturer; fees.
Section 459A.320 - Manufacturer program plan; state contractor program.
Section 459A.322 - Recycling credits; reporting; rules.
Section 459A.325 - Recycling fee for manufacturer participating in state contractor program.
Section 459A.340 - Duties of department.
Section 459A.350 - Disposition of fees.
Section 459A.355 - Covered Electronic Devices Account; interest; uses.
Section 459A.360 - Evaluation by department of certain federal laws.
Section 459A.365 - City and county regulation of collection of solid waste.
Section 459A.475 - Legislative findings; policy.
Section 459A.480 - State agency recycling program; requirements; training.
Section 459A.490 - Paper conservation.
Section 459A.500 - Definitions for ORS 459A.500 to 459A.520.
Section 459A.505 - Minimum recycled content for newsprint.
Section 459A.515 - Annual report to department; content.
Section 459A.520 - Minimum recycled content for directories.
Section 459A.552 - Recycling and recovery of used oil; goal.
Section 459A.554 - Reduction, reuse and recovery of used oil.
Section 459A.555 - Definitions for ORS 459A.552 to 459A.599.
Section 459A.560 - Legislative findings.
Section 459A.565 - Used oil to be collected and recycled.
Section 459A.570 - Used oil information center; public education.
Section 459A.575 - Oil recycling information to be posted; rules.
Section 459A.580 - Prohibited disposal of used oil.
Section 459A.585 - Enforcement powers of commission.
Section 459A.590 - Use, management, disposal and resource recovery; rules.
Section 459A.595 - Use for dust suppression or as herbicide.
Section 459A.599 - Short title.
Section 459A.630 - Motor vehicle mercury light switches.
Section 459A.650 - Definitions for ORS 459A.650 to 459A.665.
Section 459A.657 - Recycling rate; hearings on decreased rate.
Section 459A.660 - Manufacturer records; certification by package manufacturer; exempt containers.
Section 459A.700 - Definitions for ORS 459A.700 to 459A.744.
Section 459A.702 - Applicability of ORS 459A.700 to 459A.744.
Section 459A.705 - Refund value.
Section 459A.710 - Practices required of dealers and distributors.
Section 459A.711 - Space occupied by dealer described.
Section 459A.717 - Civil penalties.
Section 459A.725 - Certification of containers as reusable by more than one manufacturer; rules.
Section 459A.737 - Full-service redemption centers; registration; fees; rules.
Section 459A.738 - Convenience zones.
Section 459A.741 - Dealer redemption centers.
Section 459A.755 - Definitions.
Section 459A.757 - Prohibition on provision of certain checkout bags; exceptions.
Section 459A.759 - State preemption of certain local provisions.
Section 459A.775 - "State agency" defined.
Section 459A.785 - Effective recycling program; standards for determining.
Section 459A.822 - Definitions for ORS 459A.820 to 459A.855.
Section 459A.825 - Participation in architectural paint stewardship program.
Section 459A.837 - Notification regarding changes to architectural paint stewardship program.
Section 459A.840 - Conduct authorized; supervision by Department of Environmental Quality; rules.
Section 459A.842 - Reports by stewardship organizations.
Section 459A.847 - Data disclosure.
Section 459A.850 - Orders; actions.
Section 459A.855 - Product Stewardship Fund; sources; uses.
Section 459A.860 - Legislative findings.
Section 459A.863 - Definitions.
Section 459A.866 - Determining producers of covered products.
Section 459A.869 - Requirements for producers and producer responsibility organizations; rules.
Section 459A.872 - Exemptions; rules.
Section 459A.875 - Producer responsibility program plan.
Section 459A.878 - Approval of producer responsibility program plan.
Section 459A.881 - Producer responsibility program plan amendments.
Section 459A.884 - Membership fees charged by producer responsibility organization.
Section 459A.887 - Annual report; materials disposition report.
Section 459A.890 - Compensation to local governments; needs assessment; rules.
Section 459A.893 - Development of educational resources; promotional campaigns.
Section 459A.896 - Other duties of producer responsibility organization.
Section 459A.899 - Oregon Recycling System Advisory Council.
Section 459A.902 - Duties of council.
Section 459A.905 - Prohibition on delivery of commingled recyclables to certain facilities.
Section 459A.908 - Roll carts.
Section 459A.911 - Other duties of local governments.
Section 459A.914 - Uniform statewide collection list; producer-collected materials; rules.
Section 459A.917 - Specifically identified materials.
Section 459A.920 - Contamination management fee; rules.
Section 459A.923 - Processor commodity risk fee; rules.
Section 459A.926 - Recycling rate of plastic.
Section 459A.929 - Contamination reduction.
Section 459A.932 - Equity study.
Section 459A.935 - Multifamily housing needs assessment.
Section 459A.941 - Waste prevention and reuse; rules.
Section 459A.944 - Life cycle evaluation; rules.
Section 459A.955 - Permit required for commingled recycling processing facility; rules.
Section 459A.956 - Certification program.
Section 459A.959 - Contamination.