(a) One permanent collection site exists for every 30,000 residents in this state.
(b) Ninety-five percent of the residents in this state are within 15 miles of a permanent collection site.
(c) For those geographically underserved areas where the population is not within 15 miles of a permanent collection site, at least one but no more than two collection events are held per year in each geographically underserved area.
(2) A stewardship organization is not required to comply with subsection (1)(b) of this section for a given geographic area if the stewardship organization is able to demonstrate that, after a good faith effort:
(a) The stewardship organization has been unable to identify an appropriate local government as defined in ORS 174.116, collection service franchise holder under ORS 459A.085, person who provides collection service as defined in ORS 459.005 (3), or a retailer, in the geographic area to coordinate with to establish a permanent collection site; or
(b) The stewardship organization cannot reach feasible, reasonable and mutually agreeable terms with the appropriate local government, collection service franchise holder, person who provides collection service, or a retailer, in the geographic area for participation in the program as a permanent collection site.
(3) A stewardship organization shall make a good faith effort to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service for the promotion of and payment for a collection event under subsection (1)(c) of this section. If, after a good faith effort, the stewardship organization is unable to coordinate with the appropriate local government, collection service franchise holder or person who provides collection service, the stewardship organization shall promote and pay for the collection event.
(4) A stewardship organization is not required to comply with subsection (1)(c) of this section for a given geographic area if the Director of the Department of Environmental Quality agrees with the stewardship organization that holding a collection event in that area will not be practicable or effective.
(5) For purposes of this section, a stewardship organization shall renegotiate a contract for the establishment of a permanent collection site once every two years unless another time frame is agreed to by the contracting parties. [2013 c.677 §4]
Note: See note under 459A.820.
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.