Or. Admin. Code § 340-091-0070 - Standards for Waste Reduction Programs

(1) The information in section (2) of this rule must be submitted before the Department will approve a waste reduction program from any person, whether the waste is generated within or outside Oregon. In addition, the information required by sections (3), (4), (5) or (6), as applicable, must be submitted.

(2) Information required from all persons:

(a) The geographic boundaries of the urbanized area or proposed boundaries of the urbanized areas. For waste originating outside the State of Oregon, the geographic boundaries shall be defined as specified in OAR 340-091-0060(1)(a);

(b) Information on the volume and composition of waste generated in the area, and the volume and composition of waste proposed to be disposed of at an Oregon disposal site;

(c) A list and description of the programs, techniques, requirements, and activities that comprise the waste reduction program;

(d) A timetable indicating the starting date and duration for each activity or portion of the waste reduction program;

(e) Information that demonstrates the commitment by the person to use techniques such as waste prevention, reuse, recycling and resource recovery to reduce the volume of waste that would otherwise be disposed of in a landfill;

(f) A copy of any contract or agreement to dispose of waste in an Oregon landfill;

(g) A list and description of information that is sufficient to demonstrate continued implementation of the waste reduction program; and

(h) Any other documents or information that may be necessary to fully describe the waste reduction program and to demonstrate the legal, technical, and economic feasibility of the program.

(3) Local Government Unit Standards: To be approved by the Department, a waste reduction program for local government units shall also:

(a) Be designed to meet all waste reduction standards and goals adopted by the Commission;

(b) Include an opportunity to recycle that meets or exceeds the requirements of OAR 340-090-0020, 0030, 0040, 0050 andORS 459.250, as demonstrated by submitting to the Department an initial recycling report containing the information and meeting the criteria set forth in OAR 340-091-0050(1) and (2) for recycling certification;

(c) Address waste reduction for each separate waste stream generated within the local government unit that is to be sent to affected Oregon disposal sites, including but not limited to:

(A) Household waste;

(B) Commercial waste;

(C) Industrial waste;

(D) Yard debris;

(E) Demolition material; and

(F) Hazardous material.

(d) Meet all criteria set forth inORS 459.055;

(e) Continue for as long as a waste reduction program is required under OAR 340-091-0020; and

(f) Include a copy of each ordinance or similar enforceable legal document that sets forth the elements of the waste reduction program, and that demonstrates the commitment by the local government unit to reduce the volume of waste that would otherwise be disposed of in a landfill through techniques such as waste prevention, recycling, reuse and resource recovery.

(4) For local government units that generate less than 75,000 tons of waste per year that are requesting financial assistance for development or planning for solid waste facilities underORS 468.220, the local government unit shall consider proven methods of waste reduction for inclusion in a waste reduction program. In reviewing the waste reduction program, the Department shall take into account:

(a) The type and volume of wastes produced;

(b) The density and other appropriate characteristics of the population and commercial activity within the local government unit; and

(c) The distance of the local government unit from recycling markets.

(5) Persons other than Local Government Units: To be approved by the Department, a waste reduction program for any person other than a local government unit shall also:

(a) Fulfill the requirements of OAR 340-091-0050(5);

(b) Describe the existing office recycling program; if none exists, describe the proposed program and startup date;

(c) Describe existing industrial process solid waste reduction program; if none exists, describe the proposed program and startup date;

(d) Describe use of post-consumer materials in manufacturing processes including the tons per year of recovered material consumed;

(e) Describe any composting efforts taking place for waste reduction;

(f) Describe procurement policy with regard to the purchase of products made with recycled content; if none exists, describe the proposed program and startup date; and

(g) Describe techniques used to promote waste reduction and recycling to employees; if none exist, describe the proposed program and startup date.

(6) Waste Originating Outside Oregon: To be approved by the Department, a waste reduction program for waste originating outside Oregon shall also provide information which demonstrates either:

(a) A recovery rate for the urbanized area in which the waste originated equivalent to that achieved in a comparable local government unit in Oregon as described in OAR 340-091-0060(1)(d), and justification for the selection by the site operator 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; or

(b) A recycling program equivalent to the opportunity to recycle and its component program elements as required in section (3) or (5) of this rule, as applicable.

Notes

Or. Admin. Code § 340-091-0070

DEQ 23-1990, f. & cert. ef. 7-6-90; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0092 & 340-060-0093; DEQ 9-1996, f. & cert. ef. 7-10-96; DEQ 27-1998, f. & cert. ef. 11-13-98

Stat. Auth.:ORS 459A.025,ORS 459.045,ORS 459.305 &ORS 468.020

Stats. Implemented:ORS 459.055,ORS 459.250,ORS 459.305 & ORS 468.220