Or. Admin. Code § 340-090-0370 - Recycling Rate Compliance

A rigid plastic container may comply with OAR 340-090-0350(1)(b) by meeting one of the following criteria:

(1) The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340-090-0380(2), is at least 25%.

(2) It is a specified type of rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%:

(a) A manufacturer using this recycling rate option may designate the type of rigid plastic containers on which the recycling rate will be based. This becomes the specified-type. A specified-type may be designated using any one or combination of the following characteristics:

(A) Type of plastic resin used to manufacture the container, for example HDPE, natural HDPE, colored HDPE, PETE, PVC;

(B) Shape and design of the container, for example all bottles, all tubs, all gallon jugs, all buckets;

(C) Use of the container, for example milk bottles, non-milk dairy containers, household chemical containers, or other generic product lines;

(D) Other specified characteristics of the container.

(b) The characteristics used to identify a specified type of rigid plastic container may not exclude or limit it to an individual product-associated container.

(3)

(a) It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%;

(b) A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line:

(A) The brand of product in the container (Example: all Brand X products or all Brand Y products);

(B) The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil);

(C) The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars);

(D) The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers);

(E) Other specific characteristics or combination of characteristics which are brand specific.

(4) A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to DEQ and are verifiable.

Notes

Or. Admin. Code § 340-090-0370

DEQ 26-1994, f. & cert. ef. 11-2-94; DEQ 3-2017, f. & cert. ef. 1/19/2017

Stat. Auth.: ORS 459A.025, 459A.650 - 459A.685, 459.995 & 468.020

Stats. Implemented: ORS 459A.655, 459A.657 & 459A.665