Or. Admin. Code § 340-090-0068 - Determination of Material-Specific Recovery Rates

(1) DEQ must determine the recovery rate for each material specified in ORS 459A.010(1)(c) based on the amount of that material that is recovered from within Oregon each year, divided by the amount of that material that is generated within Oregon each year.

(a) The amount of material recovered from within Oregon must be determined based on surveying and reporting requirements specified in OAR 340-090-0100.

(b) The amount of material that is generated within Oregon each year means the combined amounts of material recovered and material disposed of, for material disposed or recovered from Oregon sources.

(c) Unless otherwise specified, determining the amount of material disposed of must be based on results from periodic waste composition studies specified in ORS 459A.035, when combined with data on the total amount of solid waste disposed as specified in ORS 459A.010(3)(d).

(2) For the purpose of determining the recovery rate of food waste under ORS 459A.010(1)(c) and this rule, food waste does not include:

(a) Crop residue or other agricultural waste;

(b) Waste from industrial-scale food processing facilities;

(c) Waste which is composted on the site of generation; and

(d) Waste that is disposed of directly by the generator to a sewage or septic system.

(3) As used in this section, "plastic" means a material composed of synthetic polymers such as polyethylene, polypropylene, polystyrene, polylactic acid, and other similar polymers, but does not include materials commonly referred to as rubber or materials that are naturally-produced polymers, such as proteins or starches. For the purpose of determining the recovery rate of plastic waste under ORS 459A.010(1)(c) and this rule, plastic waste:

(a) Includes post-consumer plastic items that are entirely made of plastic or that contain small amounts of easily-removed non-plastic items, such as metal handles on five-gallon plastic buckets; and

(b) Does not include plastic in multi-material items, such as electronics, automobiles, appliances, mixed-material toys, or household goods.

(4) As used in this rule, "carpet" means a manufactured article that is used in commercial or residential buildings affixed or placed on the floor or building walking surface as a decorative or functional building interior feature and that is primarily constructed of a top visible surface of synthetic or natural face fibers or yarns or tufts attached to a backing system derived from synthetic or natural materials.

(a) Examples of carpet include, but are not limited to:

(i) Commercial or residential broadloom carpet;

(ii) Modular carpet tiles; and

(iii) Indoor/outdoor carpet used as a floor surfacing in exterior applications.

(b) Examples of materials that are not carpet include:

(i) Rugs or similar floor coverings that are either not affixed to the floor or not intended to cover the entire floor surface;

(ii) Pads, cushions, or underlayment used in conjunction with, or separately from, a carpet; and

(iii) Artificial turf.

(5) For the purpose of determining the recovery rate of carpet waste under ORS 459A.010(1)(d) and this rule:

(a) Any carpet that is collected and then discarded may not be considered as being recovered; and

(b) For carpet where, at a minimum, the face fiber is recovered and used, the entire carpet is considered as having been recovered.

(6) DEQ may determine the recovery rate for carpet under ORS 459A.010(1)(d) based on:

(a) The method described in section (1) of this rule; or

(b) A different method of estimating the generation of carpet based on Oregon carpet sales data and an estimate of how much of that carpet is used as replacement carpet rather than in new construction.

(7) If DEQ calculates carpet recovery under section (7)(b), then DEQ must report, in any reports the legislature requires, recovery rates of carpet using both methods in section (7).

Notes

Or. Admin. Code § 340-090-0068

DEQ 3-2017, f. & cert. ef. 1/19/2017

Stat. Auth.: ORS 459.045, 459A.025 & 468.020

Stats. Implemented: ORS 459A.010, 459A.035 & 459A.050