(2) In determining whether a covered product is a specifically identified material, the department shall consider criteria that include, but need not be limited to:
(a) Whether recycling processing equipment improvements are needed to sort the material and when producer responsibility organizations will fund those improvements;
(b) The availability of viable responsible end markets for the material;
(c) Economic factors affecting the value of the material; and
(d) Whether the inclusion of the covered product in recycling collection programs could cause an increase in costs. [2021 c.681 §23]
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.