2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling

Section 459A.020 - Statewide integrated solid waste management plan; review; revision. - (a) Waste prevention; (b) Recycling; (c) Solid waste collection and...

Section 459A.025 - Adoption of rules regarding waste disposal and recycling. - (a) Acceptable alternative methods for providing the opportunity to recycle;...

Section 459A.027 - Legislative findings. - (1) Public and private recycling programs that collect source separated...

Section 459A.029 - Provision of materials to local governments; commercial generator recovery rate goal. - (2) Each wasteshed is encouraged to involve local business organizations...

Section 459A.035 - Solid waste composition study. - (1) Measurement and composition of wastes disposed of through nonstandard...

Section 459A.045 - Request for modification or variance. - (1) Request the Environmental Quality Commission to modify the recyclable...

Section 459A.050 - Recycling reports. - (a) A periodic report, as required by the department, but...

Section 459A.055 - Variance or request for extension to provide opportunity to recycle. - (b) The Environmental Quality Commission may grant all or part...

Section 459A.065 - Mandatory participation in recycling. - (2) In determining which materials are recyclable for purposes of...

Section 459A.070 - Limitation on amount charged person who source separates recyclable material. - (2) A collection service or disposal site may charge a...

Section 459A.075 - Exemptions. - (1) Source separated by the generator; and (2) Purchased from...

Section 459A.080 - Prohibitions against removing or mixing recyclable material; rules. - (1) Without the permission of the owner or generator of...

Section 459A.085 - City, county authority to issue collection service franchises; opportunity to recycle; rates. - (2) The exercise of the authority granted by this section...

Section 459A.100 - Definitions for ORS 459A.100 to 459A.120. - (1) "Domestic solid waste" includes but is not limited to...

Section 459A.105 - Policy. - (1) Domestic solid waste disposal capacity is a matter of...

Section 459A.110 - Additional fees for programs for reduction of waste and environmental risks; assessment. - (a) Disposal sites that receive domestic solid waste, building demolition...

Section 459A.120 - Use of additional fees. - (2) Activities that may be funded to carry out the...

Section 459A.125 - Maximum amount of additional fee; adjustments. - (a) The fees established under ORS 459A.110 (1) shall be...

Section 459A.130 - Rebate of additional fee to economically distressed counties. - (b) The department shall annually identify the counties that will...

Section 459A.200 - Definitions. - (1) "Analogous product" means: (a) With regard to a virus,...

Section 459A.203 - Requirement to participate in drug take-back program; rules; fines. - (2)(a) A covered manufacturer is not required to participate in...

Section 459A.206 - Organization of program operator. - Note: See note under 459A.200.

Section 459A.209 - Plan for drug take-back program; requirements; approval; updated plans. - (2) To be approved by the department, a proposed drug...

Section 459A.212 - Changes to program; preapproval; notification; rules. - (a) Changes involving methods used to collect covered drugs; (b)...

Section 459A.215 - Authorized collectors; rules. - (a) Solicit potential authorized collectors for the purpose of collecting...

Section 459A.218 - Drop-off sites; rules. - (2) For purposes of a drug take-back program: (a) A...

Section 459A.221 - Covered drug collection events. - (1) In accordance with the applicable regulations and protocols of...

Section 459A.224 - Disposal of covered drugs. - (1) At a hazardous waste disposal facility that meets the...

Section 459A.227 - Public awareness. - (a) Promote the safe and secure storage of covered drugs...

Section 459A.230 - Annual report. - (a) A list of covered manufacturers participating in the drug...

Section 459A.233 - Costs of participation in drug take-back program. - Note: See note under 459A.200.

Section 459A.236 - Inspection and audit. - (1) Entering into an agreement with the State Board of...

Section 459A.239 - Enforcement; civil penalties. - (b) If, 30 days after the date on which the...

Section 459A.242 - Fees. - (a) A one-time fee for reviewing a drug take-back program...

Section 459A.245 - Secure Drug Take-Back Account. - (2) The account shall consist of all moneys deposited into...

Section 459A.248 - Liability. - Note: See note under 459A.200.

Section 459A.251 - Application of antitrust laws. - Note: See note under 459A.200.

Section 459A.254 - Confidentiality. - Note: See note under 459A.200.

Section 459A.257 - Nonapplicability of Uniform Controlled Substances Act. - Note: See note under 459A.200.

Section 459A.260 - State preemption of local laws. - (1) Biologics; (2) Covered drugs; (3) Drugs for which a...

Section 459A.263 - Interagency agreements. - Note: See note under 459A.200.

Section 459A.266 - Rules. - Note: See note under 459A.200. Note: Section 26 (3), chapter...

Section 459A.300 - Legislative findings. - (1) It is necessary to encourage the design of electronic...

Section 459A.305 - Definitions for ORS 459A.305 to 459A.355. - (1) "Brand" means a name, symbols, words or marks that...

Section 459A.310 - Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers. - (2) ORS 459A.305 to 459A.355 do not apply to reused...

Section 459A.315 - Registration by manufacturer; fees. - (a) A list of all the brands manufactured, sold or...

Section 459A.320 - Manufacturer program plan; state contractor program. - (2) The manufacturer’s plan must describe how the manufacturer will:...

Section 459A.322 - Recycling credits; reporting; rules. - (a) A program may claim one recycling credit for each...

Section 459A.325 - Recycling fee for manufacturer participating in state contractor program. - Note: See note under 459A.300.

Section 459A.330 - Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception. - (2) A collector that provides a premium service to a...

Section 459A.335 - Requirements for sale of covered electronic devices by retailers; retailer’s duty to consumers regarding information about recycling covered electronic devices. - (a) The covered electronic device is labeled with a brand...

Section 459A.340 - Duties of department. - (1) Maintain and make available on its website the following...

Section 459A.345 - Rules. - Note: See note under 459A.300.

Section 459A.350 - Disposition of fees. - Note: See note under 459A.300.

Section 459A.355 - Covered Electronic Devices Account; interest; uses. - Note: See note under 459A.300.

Section 459A.360 - Evaluation by department of certain federal laws. - (2) If the department determines that the federal law substantially...

Section 459A.365 - City and county regulation of collection of solid waste. - Note: See note under 459A.300.

Section 459A.475 - Legislative findings; policy. - (1) It is the policy of the State of Oregon...

Section 459A.480 - State agency recycling program; requirements; training. - (2) The Oregon Department of Administrative Services shall continue the...

Section 459A.485 - System and procedures for separation and collection of solid waste; rules; exemption. - (a) Establish procedures for the separation of solid waste generated...

Section 459A.490 - Paper conservation. - (2) The department shall provide guidelines to state agencies and...

Section 459A.500 - Definitions for ORS 459A.500 to 459A.520. - (1) "Consumer of newsprint" means a person who uses newsprint...

Section 459A.505 - Minimum recycled content for newsprint. - (1) Recycled-content newsprint is available at the same or lower...

Section 459A.515 - Annual report to department; content. - (1) The amount of newsprint used in short tons; (2)...

Section 459A.520 - Minimum recycled content for directories. - (a) Have a minimum recycled content of at least 25...

Section 459A.550 - Report on use of new and recycled glass; minimum percentage of recycled glass required. - (2) For glass containers manufactured in Oregon or within 750...

Section 459A.552 - Recycling and recovery of used oil; goal. - Note: 459A.552 to 459A.599 were enacted into law by the...

Section 459A.554 - Reduction, reuse and recovery of used oil. - (1) First, to reduce the amount of used oil generated;...

Section 459A.555 - Definitions for ORS 459A.552 to 459A.599. - (1) "Commission" means the Environmental Quality Commission. (2) "Department" means...

Section 459A.560 - Legislative findings. - (1) Millions of gallons of used oil are generated each...

Section 459A.565 - Used oil to be collected and recycled. - Note: See note under 459A.552.

Section 459A.570 - Used oil information center; public education. - (1) Establish, maintain and publicize a used oil information center...

Section 459A.575 - Oil recycling information to be posted; rules. - Note: See note under 459A.552.

Section 459A.580 - Prohibited disposal of used oil. - Note: See note under 459A.552.

Section 459A.585 - Enforcement powers of commission. - Note: See note under 459A.552.

Section 459A.590 - Use, management, disposal and resource recovery; rules. - Note: See note under 459A.552.

Section 459A.595 - Use for dust suppression or as herbicide. - (1) Used on property owned by the generator; or (2)...

Section 459A.599 - Short title. - Note: See note under 459A.552.

Section 459A.630 - Motor vehicle mercury light switches. - Note: 459A.630 was enacted into law by the Legislative Assembly...

Section 459A.650 - Definitions for ORS 459A.650 to 459A.665. - (1) "Package" means any container used to protect, store, contain,...

Section 459A.655 - Minimum reuse, recycled material or recycled content for rigid plastic containers. - (a) Contain 25 percent recycled content by January 1, 1995;...

Section 459A.657 - Recycling rate; hearings on decreased rate. - (2) If the recycling rate for rigid plastic containers in...

Section 459A.660 - Manufacturer records; certification by package manufacturer; exempt containers. - (2) To the extent a rigid plastic container complies with...

Section 459A.700 - Definitions for ORS 459A.700 to 459A.744. - (1) "Beverage" means a fluid described in ORS 459A.702. (2)...

Section 459A.702 - Applicability of ORS 459A.700 to 459A.744. - (1) Any individual, separate, sealed glass, metal or plastic bottle...

Section 459A.705 - Refund value. - (2)(a) Every beverage container sold or offered for sale in...

Section 459A.710 - Practices required of dealers and distributors. - (1)(a) Except as provided in paragraph (b) of this subsection,...

Section 459A.711 - Space occupied by dealer described. - (1) The retail space is less than 5,000 square feet;...

Section 459A.715 - Refusal of dealer or distributor to accept or pay refund in certain cases; notice. - (2) A dealer may refuse to accept and to pay...

Section 459A.717 - Civil penalties. - (2) Notwithstanding subsection (1) of this section, if a dealer...

Section 459A.718 - Distributor cooperatives; requirements; beverage container registry; compliance; rules. - (a) Collecting the refund value of beverage containers specified in...

Section 459A.720 - Indication of refund value; exception; prohibition of certain metal containers and plastic container holders. - (2) Subsection (1) of this section shall not apply to...

Section 459A.725 - Certification of containers as reusable by more than one manufacturer; rules. - (2) A beverage container may be certified if: (a) It...

Section 459A.730 - Decision upon certification applications; review and withdrawal of certifications. - (2) The commission may review at any time certification of...

Section 459A.735 - Full-service redemption centers; application for approval; contents of approval order; notice. - (2) Application for approval of a full-service redemption center shall...

Section 459A.737 - Full-service redemption centers; registration; fees; rules. - (a) Shall approve one full-service redemption center in a city...

Section 459A.738 - Convenience zones. - (2) All dealers doing business within the first convenience zone...

Section 459A.741 - Dealer redemption centers. - (2) Notwithstanding any other provision of ORS 459A.700 to 459A.744,...

Section 459A.750 - Recycling and waste reduction component of curriculum; teacher’s guide; informational materials. - (2) The Department of Environmental Quality, in cooperation with the...

Section 459A.755 - Definitions. - (1) "Garment bag" means a large bag that incorporates a...

Section 459A.757 - Prohibition on provision of certain checkout bags; exceptions. - (a) Single-use checkout bags to customers. (b) Recycled paper checkout...

Section 459A.759 - State preemption of certain local provisions. - (1) May adopt a local provision that establishes definitions, requirements...

Section 459A.775 - "State agency" defined. - Note: 459A.775 to 459A.785 were enacted into law by the...

Section 459A.780 - Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions. - (2) A vendor who leases space from a state agency...

Section 459A.785 - Effective recycling program; standards for determining. - (1) Shall establish percentages for each different type of plastic...

Section 459A.820 - Findings. - Note: 459A.820 to 459A.855 were enacted into law by the...

Section 459A.822 - Definitions for ORS 459A.820 to 459A.855. - (1)(a) "Architectural paint" means interior and exterior architectural coatings sold...

Section 459A.825 - Participation in architectural paint stewardship program. - (2)(a) A stewardship organization must provide retailers selling or offering...

Section 459A.827 - Plan for architectural paint stewardship program; requirements; exemptions; assessment. - (2) The plan must: (a) Specify educational and outreach activities...

Section 459A.830 - Collection system for post-consumer architectural paint; requirements; exemptions. - (a) One permanent collection site exists for every 30,000 residents...

Section 459A.832 - Approval or denial of new or updated plans for architectural paint stewardship programs. - (2) If the director rejects, or requests additional information for,...

Section 459A.835 - Approval for amendment or update to plan for architectural paint stewardship program. - (a) The stewardship organization makes a change to the architectural...

Section 459A.837 - Notification regarding changes to architectural paint stewardship program. - (1) A change in the location or the number of...

Section 459A.840 - Conduct authorized; supervision by Department of Environmental Quality; rules. - (2) The department shall actively supervise the conduct of the...

Section 459A.842 - Reports by stewardship organizations. - (a) A description of the methods used to collect, transport,...

Section 459A.845 - Estimate by Department of Environmental Quality of total volume of post-consumer architectural paint collected. - (1) Permanent collection sites located at a retailer; (2) Permanent...

Section 459A.847 - Data disclosure. - (b) If the Department of Environmental Quality determines that disclosure...

Section 459A.850 - Orders; actions. - (2) The department may bring an action against any producer...

Section 459A.852 - Fees. - (a) $10,000 when the plan or updated plan specified in...

Section 459A.855 - Product Stewardship Fund; sources; uses. - Note: See note under 459A.820.

Section 459A.860 - Legislative findings. - (1) Oregon’s statewide recovery rate, which seeks to preserve public...

Section 459A.863 - Definitions. - (1) "Brand" means any mark, word, name, symbol, design, device...

Section 459A.866 - Determining producers of covered products. - (1)(a) For items sold in packaging at a physical retail...

Section 459A.869 - Requirements for producers and producer responsibility organizations; rules. - (2) A producer is required to pay an annual membership...

Section 459A.872 - Exemptions; rules. - (2) The Environmental Quality Commission may adopt rules to exempt...

Section 459A.875 - Producer responsibility program plan. - (2) Using objective and measurable criteria whenever possible, a producer...

Section 459A.878 - Approval of producer responsibility program plan. - (b) If the department rejects a plan or plan amendment...

Section 459A.881 - Producer responsibility program plan amendments. - (a) When proposing to change an approved producer responsibility program...

Section 459A.884 - Membership fees charged by producer responsibility organization. - (2) A schedule established under this section must establish material-specific...

Section 459A.887 - Annual report; materials disposition report. - (a) Cover the prior calendar year; (b) Present information in...

Section 459A.890 - Compensation to local governments; needs assessment; rules. - (2)(a) The costs of transporting covered products from a recycling...

Section 459A.893 - Development of educational resources; promotional campaigns. - (a) A description of materials identified for recycling as described...

Section 459A.896 - Other duties of producer responsibility organization. - (a) Where possible, first contracting with existing recycling depots or...

Section 459A.899 - Oregon Recycling System Advisory Council. - (2) The council consists of 19 members appointed as follows:...

Section 459A.902 - Duties of council. - (a) Review activities related to ORS 459A.860 to 459A.975; (b)...

Section 459A.905 - Prohibition on delivery of commingled recyclables to certain facilities. - (2) A local government, the local government’s service provider or...

Section 459A.908 - Roll carts. - Note: 459A.908 becomes operative January 1, 2026. See section 62,...

Section 459A.911 - Other duties of local governments. - (1) Ensure adequate space for collection. (2) Demonstrate a plan...

Section 459A.914 - Uniform statewide collection list; producer-collected materials; rules. - (a) Materials collected to provide the opportunity to recycle; and...

Section 459A.917 - Specifically identified materials. - (2) In determining whether a covered product is a specifically...

Section 459A.920 - Contamination management fee; rules. - (a) Provide that payment of the fee may not be...

Section 459A.923 - Processor commodity risk fee; rules. - (a) "Anticipated program cost" means all additional costs related to...

Section 459A.926 - Recycling rate of plastic. - (a) "Plastic" means a material composed of synthetic polymers such...

Section 459A.929 - Contamination reduction. - (a) Establish statewide recycling contamination reduction goals. (b) Evaluate the...

Section 459A.932 - Equity study. - (a) An evaluation of commingled recycling processing facility worker conditions,...

Section 459A.935 - Multifamily housing needs assessment. - (2) The department shall complete the needs assessment required under...

Section 459A.938 - Fees. - (a) A fixed, one-time fee for reviewing a producer responsibility...

Section 459A.941 - Waste prevention and reuse; rules. - (2) The Department of Environmental Quality shall establish a program...

Section 459A.944 - Life cycle evaluation; rules. - (1) Establish procedures and requirements to be used by producers...

Section 459A.955 - Permit required for commingled recycling processing facility; rules. - (2) A disposal site permit issued to a commingled recycling...

Section 459A.956 - Certification program. - (2) A commingled recycling processing facility certified under this section...

Section 459A.959 - Contamination. - (2) Information described in subsection (1) of this section shall...

Section 459A.962 - Enforcement and record keeping. - (2) A producer responsibility organization shall retain all records related...

Section 459A.965 - Prohibition on promoting acceptance of certain materials for composting; pilot programs. - (2) The Department of Environmental Quality, or entities approved by...

Section 459A.975 - Rules. - (Development of Recommendations on Producer Responsibility Requirements) Note: Sections 26,...

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2021 Oregon Revised Statutes Volume : 13 - Housing, Games, Environment Chapter 459A - Reuse and Recycling

2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459A - Reuse and Recycling