Or. Admin. Code § 340-091-0060 - Equivalents for Out of State Persons - Recycling Certification
This rule specifies how a site operator shall demonstrate to the Department that the opportunity to recycle is being implemented for waste originating outside Oregon.
(1) For a
Local Government Unit: a site operator shall provide the information required
in subsection (a) of this section and in either subsection (b) or (d) of this
section. The site operator shall provide this information to the Department no
later than two years after notification to the Department of initial receipt of
waste from the person:
(a) The geographic
boundaries of the urbanized area or proposed boundaries of the urbanized area:
(A) Unless the site operator proposes
otherwise in an initial recycling report and the Department approves, the
urbanized area of the local government unit shall be considered to include all
of the area within the incorporated limits of cities or towns of 4,000 or more
population within the local government unit, plus all area that is designated
as an urbanized area by the Federal Highway Administration if that Federal
Highway Administration urbanized area contains an incorporated city, town, or
other municipality having 4,000 or more population;
(B) The site operator may propose a different
boundary for the urbanized area of the local government unit. The Department
shall accept the proposed urbanized area boundary if the Depart-ment finds that
this boundary includes all parts of the local government unit that have
substantially the same character, with respect to minimum population density
and commercial and industrial density, as urbanized areas within the State of
Oregon.
(b) For purposes
of certification under OAR
340-091-0030, the recycling
requirements that apply in Oregon to areas within the urban growth boundaries
of cities of 4,000 or more population or within the urban growth boundary of a
metropolitan service district shall also apply to urbanized areas outside of
Oregon. These requirements are the same as those described in OAR
340-090-0020, 0030 and 0040, or
0050;
(c) For the purposes of
certification under OAR
340-090-0030(1)(c),
a site operator may on behalf of an out-of-state waste generator apply for an
alternative method that involves removing recyclable material from mixed solid
waste. Any such application may include one or more local government units, and
shall include information on the method to be used for separating recyclable
material and the percentage of the waste stream and quantity of material that
is to be separated and recycled. The Department shall approve the alternative
method if it finds that the alternative method will result in as much material,
of as high a value in terms of resource and energy conservation, being
separated from mixed waste and recycled as would have been recycled and
conserved under the general method for providing the opportunity to recycle set
forth in OAR 340-090-0020, 0030 and
0040;
(d) To demonstrate compliance
with OAR 340-091-0030(2)(a)
for a disposal site accepting waste from
local government units outside of the state of Oregon, the site operator shall
provide a statement of an equivalent recovery rate, as described in OAR
340-090-0050, and justification
for the selection of the appropriate recovery rate for that jurisdiction. The
demonstration shall include at a minimum information on population density,
distance to recycling markets for each recyclable material, and other waste
composition information and demographic information necessary to justify the
selected recovery rate.
(2) Persons other than Local Government Unit:
A disposal site accepting waste from persons, other than local government
units, from outside the state of Oregon shall provide information on the
composition and quantity of waste to be disposed of and a description of the
opportunities available in the region and locally for recycling. The
information shall include an initial recycling report as outlined in OAR
340-091-0050(5).
Notes
Stat. Auth.:ORS 459A.025,ORS 459.045 &ORS 468.020
Stats. Implemented:ORS 459.305 &ORS 459A.010
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