Or. Admin. Code § 340-090-0090 - Collection of Recyclable Materials
(1) DEQ may not require any city, county, or
metropolitan service district, or agent thereof, to collect or receive source
separated recyclable material which has not been correctly prepared to
reasonable specifications which relate to marketing, transportation, storage,
or regulatory agency requirements. The specifications for material preparation
must have been publicized by the appropriate city, county or metropolitan
service district as part of the education and promotion program requirements in
OAR 340-090-0020,
340-090-0030, and
340-090-0040.
(2) In addition to the provisions set forth
in ORS 459A.080, no person shall
dispose of source separated recyclable material which has been collected or
received from the generator by any method other than reuse or recycling except
as follows:
(a) Used oil and wood waste may
be collected and burned for energy recovery.
(b) For covered products pursuant to ORS
459A.863(6), a
method other than reuse or recycling may be used if proposed by a producer
responsibility organization in a program plan, and that program plan is
approved by DEQ. The proposal must include an assessment of environmental
impacts and demonstration of consistency with the policy objectives contained
in ORS 459.015(2)(a).
(c) For any recyclable materials not included
in subsections (a) or (b), a method other than reuse or recycling may be used
if an assessment of the environmental impacts of the method demonstrates to
DEQ's satisfaction that the method provides better environmental outcomes and
is consistent with the policy objectives contained in ORS
459.015(2)(a).
(3) Commercial and residential recyclable
materials that are source separated for collection on-route or on-site but that
are not correctly prepared according to reasonable specifications as set forth
by the city, county or metropolitan service district under section (1) of this
rule may not be required to be collected and may be left with the generator of
the source separated material or may be collected and prepared for recycling by
the collector, but may not be disposed of by the collector. The generator of
the material must be provided with written information that explains correct
material preparation for the purposes of educating the generator.
(4) Unauthorized materials that are deposited
by the generator at a recycling depot are exempt from the prohibition in
sections (1), (2), and (3) of this rule and must be managed in the appropriate
manner otherwise required by law.
(5) Collected recyclable material later found
to be contaminated with hazardous substances are exempt from the prohibition in
sections (1), (2), and (3) of this rule and must be managed in an appropriate
manner otherwise required by law.
Notes
Statutory/Other Authority: ORS 459A.025, 459.045, 459A.005 - 459A.085 & 468.020
Statutes/Other Implemented: ORS 459A.080
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