459a - oregon legislative assembly...459a.010 public health and safety (iii) provision at least...

Chapter 459A2011 EDITION

Reuse and Recycling

SOLID WASTE RECOVERY GENERALLY459A.005 Opportunity to recycle defined459A.010 Statewide goals; opportunity to recycle

program elements; recovery rates459A.015 Commission duties459A.020 Statewide integrated solid waste manage-

ment plan; review; revision459A.025 Commission to adopt rules regarding

waste disposal and recycling459A.027 Legislative findings459A.029 Department to provide materials to local

governments; commercial generator re-covery rate goal

459A.030 Technical assistance to local governments459A.035 Solid waste composition study459A.045 Request for modification or variance459A.050 Recycling reports459A.055 Variance or request for extension to pro-

vide opportunity to recycle459A.065 Mandatory participation in recycling459A.070 Limitation on amount charged person

who source separates recyclable material459A.075 Exemptions459A.080 Prohibitions against removing or mixing

recyclable material459A.085 City, county authority to issue collection

service franchises; opportunity to recycle;rates

459A.100 Definitions for ORS 459A.100 to 459A.120459A.105 Policy459A.110 Additional fees for programs for reduction

of domestic solid waste and environmentalrisks; assessment; maximum fee

459A.115 Surcharge on fee imposed under ORS459A.110; use of surcharge

459A.120 Use of additional fees

SPECIFIC RECYCLING REQUIREMENTS

(Electronic Devices)459A.300 Legislative findings459A.305 Definitions for ORS 459A.305 to 459A.355459A.310 Applicability to manufacturers; applica-

bility to reused or refurbished coveredelectronic devices; requirements for saleof covered electronic devices by manufac-turers

459A.315 Registration by manufacturer; fees459A.320 Manufacturer program plan; state con-

tractor program459A.322 Recycling credits; reporting; rules459A.325 Recycling fee for manufacturer partic-

ipating in state contractor program459A.330 Prohibition against charging fee for col-

lection, transportation or recycling ofcovered electronic devices; exception

459A.335 Requirements for sale of covered elec-tronic devices by retailers; retailer’s dutyto consumers regarding information aboutrecycling covered electronic devices

459A.340 Duties of department; surcharge459A.345 Rules459A.350 Disposition of fees459A.355 Covered Electronic Devices Account; in-

terest; uses459A.360 Evaluation by department of certain fed-

eral laws459A.365 City and county regulation of collection

of solid waste

(State Agencies)459A.475 Legislative findings; policy459A.480 State agency recycling program; require-

ments; training459A.485 System and procedures for separation and

collection of solid waste; rules; exemption459A.490 Paper conservation

(Newsprint and Directories)459A.500 Definitions for ORS 459A.500 to 459A.520459A.505 Minimum recycled content for newsprint459A.510 Report to consumer of amount of post-

consumer waste in shipment459A.515 Annual report to department; content459A.520 Minimum recycled content for directories

(Glass)459A.550 Report on use of new and recycled glass;

minimum percentage of recycled glass re-quired

(Used Oil Recycling)459A.552 Recycling and recovery of used oil; goal459A.554 Reduction, reuse and recovery of used oil459A.555 Definitions for ORS 459A.552 to 459A.599459A.560 Legislative findings459A.565 Used oil to be collected and recycled459A.570 Used oil information center; public edu-

cation459A.575 Oil recycling information to be posted;

rules459A.580 Prohibited disposal of used oil459A.585 Enforcement powers of commission459A.590 Use, management, disposal and resource

recovery; rules459A.595 Use for dust suppression or as herbicide459A.599 Short title

(Compost)459A.600 “Compost” defined459A.605 Rules for purchase of compost and sewage

sludge by state459A.615 Programs to use compost and sewage

sludge

Title 36 (2011 Edition)

PUBLIC HEALTH AND SAFETY

459A.620 Use of compost or sewage sludge by stateagencies given priority

(Mercury)459A.630 Motor vehicle mercury light switches

(Plastics)459A.650 Definitions for ORS 459A.650 to 459A.665459A.655 Minimum reuse, recycled material or re-

cycled content for rigid plastic containers459A.657 Recycling rate; hearings on decreased rate459A.660 Manufacturer records; certification by

package manufacturer; exempt containers459A.665 Opportunity to recycle rigid plastic con-

tainers459A.675 Definitions for ORS 459A.675 to 459A.685459A.680 Labeling requirements for rigid plastic

bottles and containers459A.685 Prohibition on manufacture of rigid plas-

tic bottles or containers without label459A.695 Requirement for retail establishment sup-

plying plastic bags for customer use

(Architectural Paint Stewardship Pilot Program)(Temporary provisions relating to the Ar-chitectural Paint Stewardship Pilot Pro-gram are compiled as notes following ORS459A.695)

BEVERAGE CONTAINERS; BOTTLE BILL459A.700 Definitions for ORS 459A.700 to 459A.740459A.702 Applicability of ORS 459A.700 to 459A.740

459A.705 Refund value459A.710 Practices required of dealers and distrib-

utors459A.712 Liability of manufacturer, distributor and

importer for failure to pay refund valueof beverage containers

459A.715 Refusal of dealer or distributor to acceptor pay refund in certain cases; notice

459A.720 Indication of refund value; exception;prohibition of certain metal containersand plastic container holders

459A.725 Certification of containers as reusable bymore than one manufacturer; rules

459A.730 Decision upon certification applications;review and withdrawal of certifications

459A.735 Redemption centers459A.737 Redemption center pilot project; conven-

ience zones; rules459A.740 Certification and withdrawal procedures

EDUCATION459A.750 Recycling and waste reduction component

of curriculum; teacher’s guide; informa-tional materials

FOOD PACKAGING REGULATION459A.775 “State agency” defined459A.780 Prohibition against purchase or use of

nonbiodegradable and nonrecyclable foodpackaging; exemptions

459A.785 Effective recycling program; standards fordetermining


REUSE AND RECYCLING 459A.010

SOLID WASTE RECOVERYGENERALLY

459A.005 Opportunity to recycle de-fined. (1) As used in ORS 459.015, 459.250and 459A.005 to 459A.665, the “opportunityto recycle” means at least that the city,county or metropolitan service district re-sponsible for solid waste management:

(a)(A) Provides a place for collectingsource separated recyclable material locatedeither at a disposal site or at another lo-cation more convenient to the population be-ing served and, if a city has a population of4,000 or more, collection at least once amonth of source separated recyclable mate-rial from collection service customers withinthe city’s urban growth boundary or, whereapplicable, within the urban growth bound-ary established by a metropolitan servicedistrict; or

(B) Provides an alternative method whichcomplies with rules of the EnvironmentalQuality Commission; and

(b) Complies with the rates and programelements required under ORS 459A.010.

(2) The “opportunity to recycle” definedin subsection (1) of this section also includesa public education and promotion programthat:

(a) Gives notice to each person of theopportunity to recycle; and

(b) Encourages source separation of re-cyclable material. [Formerly 459.165]

459A.010 Statewide goals; opportunityto recycle program elements; recoveryrates. (1) It is the goal of the State of Ore-gon that:

(a) For the calendar year 2005, theamount of recovery from the general solidwaste stream shall be at least 45 percent;

(b) For the calendar year 2009, theamount of recovery from the general solidwaste stream shall be at least 50 percent;

(c) For the calendar year 2005 and sub-sequent years, that there be no annual in-crease in per capita municipal solid wastegeneration; and

(d) For the calendar year 2009 and sub-sequent years, that there be no annual in-crease in total municipal solid wastegeneration.

(2) In addition to the requirements ofORS 459A.005, the “opportunity to recycle”shall include the requirements of subsection(3) of this section using the following pro-gram elements:

(a) Provision of at least one durable re-cycling container to each residential servicecustomer.

(b) On-route collection at least once eachweek of source separated recyclable materialto residential customers, provided on thesame day that solid waste is collected fromeach customer.

(c) An expanded education and promotionprogram conducted to carry out the policyset forth in ORS 459.015, to inform solidwaste generators of the manner and benefitsof reducing, reusing, recycling andcomposting material and to promote use ofrecycling services. The city, county or met-ropolitan service district responsible for pro-viding an opportunity to recycle under ORS459A.005 and this section shall provide theeducation and promotion program in eitherof the following two ways:

(A) Preparing and implementing an edu-cation and promotion plan that includes ac-tions to effectively reach solid wastegenerators and all new and existing col-lection service customers, as necessary tofulfill the intent of this paragraph. The planshall be submitted to the Department of En-vironmental Quality the first year that theplan is in effect. Thereafter, the wasteshedshall submit a summary of activities in theplan to the Department of EnvironmentalQuality at the same time the county submitsthe periodic report required under ORS459A.050 (1)(a). The summary shall cover atleast the time period until the next periodicreport is due to the department.

(B) Implementing all of the following:(i) Provision of recycling notification and

education packets to all new residential,commercial and institutional collection ser-vice customers that include at a minimumthe materials collected, the schedule for col-lection, the way to prepare materials for col-lection and the reasons persons shouldseparate their material for recycling. Theeducational and promotional materials pro-vided to commercial collection customersshould be targeted to meet the needs of var-ious types of businesses and should includereasons to recycle, including economic bene-fits, common barriers to recycling and sol-utions, additional resources for commercialgenerators of solid waste and other informa-tion designed to assist and encourage recycl-ing efforts. The educational and promotionalmaterials provided to commercial collectioncustomers shall encourage each commercialcollection customer to have a goal to achieve50 percent recovery from its solid wastestream by the year 2009.

(ii) Provision of recycling information ina variety of formats and materials at leastfour times a calendar year to collection ser-vice customers that includes at a minimumthe materials collected and the schedule forcollection.


459A.010 PUBLIC HEALTH AND SAFETY

(iii) Provision at least annually to allresidential, commercial and institutional col-lection service customers, of the informationunder sub-subparagraph (i) of this subpara-graph.

(iv) Targeting of community and mediaevents to promote recycling.

(d) Collection of at least four principalrecyclable materials or the number of mate-rials required to be collected under the resi-dential on-route collection program,whichever is less, from each multifamilydwelling complex having five or more units.The multifamily collection program shall in-clude promotion and education directed tothe residents of the multifamily dwellingunits.

(e) An effective residential yard debriscollection and composting program that in-cludes the promotion of home composting ofyard debris, and that also includes either:

(A) Monthly or more frequent on-routecollection of yard debris from residences forproduction of compost or other marketableproducts; or

(B) A system of yard debris collectiondepots conveniently located and open to thepublic at least once a week.

(f) A commercial recycling program thatincludes:

(A) Weekly, or on a more appropriateregular schedule, onsite collection of sourceseparated principal recyclable materialsfrom, at a minimum, commercial solid wastegenerators employing 10 or more persons andoccupying 1,000 square feet or more in asingle location.

(B) An education and promotion programconducted to inform all commercial genera-tors of solid waste of the manner and bene-fits of the commercial recycling program thatprovides effective promotion of the programto the generators.

(C) In addition to the requirements ofsubparagraphs (A) and (B) of this paragraph,a commercial recycling program may alsoconsist of other elements including but notlimited to waste assessments and recyclingrecognition programs. A wasteshed is en-couraged to involve local business organiza-tions in publicly recognizing outstandingrecycling efforts by commercial generatorsof solid waste. The recognition may includeawards designed to provide additional incen-tives to increase recycling efforts.

(D) Each commercial generator of solidwaste shall strive to achieve 50 percent re-covery from its solid waste stream by theyear 2009.

(g) Expanded depots for recycling of atleast all principal recyclable materials and

provisions for promotion and education tomaximize the use of the depots. The depotsshall have regular and convenient hours andshall be open on the weekend days and, whenfeasible, shall collect additional recyclablematerials.

(h) Solid waste residential collectionrates that encourage waste reduction, reuseand recycling through reduced rates forsmaller containers, including at least onerate for a container that is 21 gallons or lessin size. Based on the average weight of solidwaste disposed per container for containersof different sizes, the rate on a per pounddisposed basis shall not decrease with in-creasing size of containers, nor shall therates per container service be less with ad-ditional containers serviced.

(i) A collection and composting systemfor food, paper that is not recyclable becauseof contamination and other compostablewaste from commercial and institutional en-tities that generate large amounts of suchwastes.

(3)(a) Each city with a population of atleast 4,000 but not more than 10,000 that isnot within a metropolitan service districtand any county responsible for the area be-tween the city limits and the urban growthboundary of such city shall implement oneof the following:

(A) The program elements set forth insubsection (2)(a), (b) and (c) of this section;

(B) A program that includes at leastthree elements set forth in subsection (2) ofthis section; or

(C) An alternative method of achievingrecovery rates that complies with rules ofthe Environmental Quality Commission.

(b) Each city that is within a metropol-itan service district or that has a populationof more than 10,000 and any county respon-sible for the area within a metropolitan ser-vice district or the area between the citylimits and the urban growth boundary ofsuch city shall implement one of the follow-ing:

(A) Program elements set forth undersubsection (2)(a), (b) and (c) of this sectionand one additional element set forth undersubsection (2) of this section;

(B) A program that includes at least fiveelements set forth under subsection (2) ofthis section; or

(C) An alternative method of achievingrecovery rates that complies with rules ofthe Environmental Quality Commission.

(4)(a) Recovery rates shall be determinedby dividing the total weight of material re-covered by the sum of the total weight of thematerial recovered plus the total weight of



solid waste disposed that was generated ineach wasteshed. It is the policy of the Stateof Oregon that recovery of material shall beconsistent with the priority of solid wastemanagement in ORS 459.015 (2).

(b) Each wasteshed implementing a wasteprevention program shall receive a two per-cent credit on the wasteshed’s recovery rate.A waste prevention program shall include:

(A) A wasteshed-wide program to providegeneral educational materials to residentsabout waste prevention and examples ofthings residents can do to prevent generationof waste; and

(B) Two of the following:(i) Reduce the wasteshed annual per

capita waste generation by two percent eachyear;

(ii) Conduct a waste prevention mediapromotion campaign targeted at residentialgenerators;

(iii) Expand the education program inprimary and secondary schools to includewaste prevention and reuse;

(iv) Household hazardous waste pre-vention education program;

(v) Local governments will conduct wasteprevention assessments of their operations,or provide waste prevention assessments forbusinesses and institutions and documentany waste prevention measures implemented;

(vi) Conduct a material specific wasteprevention campaign for businesses through-out the wasteshed;

(vii) Implement a Resource EfficiencyModel City program;

(viii) Conduct a material-specific wasteprevention education campaign that focuseson a toxic or energy-intensive material;

(ix) Local governments will implementprograms to buy recycled-content productsfor their operations, consistent with procure-ment guidelines issued by the United StatesEnvironmental Protection Agency; or

(x) Local governments will implementprograms for new construction and remodel-ing of local government buildings that incor-porate recycled-content materials, energyconservation features, water conservationand stormwater management features andother elements to increase the resource effi-ciency and lower the environmental impactof these buildings.

(c) Each wasteshed implementing a reuseprogram shall receive a two percent crediton the wasteshed’s recovery rate. A reuseprogram shall include:

(A) A promotion and education campaignon the benefits and opportunities for reuseavailable to the public in the wasteshed; and

(B) Two of the following:(i) Operate construction and demolition

debris salvage programs with depots;(ii) Promote reuse programs offered by

local resale businesses, thrift stores andequipment vendors, such as computer andphotocopier refurbishers, to the public andbusinesses;

(iii) Identify and promote local businessesthat will take back white goods for refur-bishing and resale to the public;

(iv) Develop and promote use of wasteexchange programs for the public and privatesectors;

(v) Site accommodation for recovery ofreusable material at transfer stations andlandfills; or

(vi) Sidewalk pickup or community fairprogram in cities over 4,000 population in thewasteshed.

(d) Each wasteshed implementing a resi-dential composting program shall receive atwo percent credit on the wasteshed’s recov-ery rate. A residential composting programshall include:

(A) Promotion of the residentialcomposting program through public informa-tion and demonstration sites or sites; and

(B) Two of the following:(i) A program to encourage leaving grass

clippings generated by lawn mowing on-siterather than bagging the clippings for disposalor composting;

(ii) A composting program for localschools;

(iii) An increase in availability ofcompost bins for residents; or

(iv) Another program increasing ahousehold’s ability to manage yard trimmingsor food wastes.

(e) A wasteshed may receive, upon appli-cation to the Department of EnvironmentalQuality, a recovery credit greater than twopercent for a residential composting program.To receive the recovery credit under thisparagraph, the wasteshed must providequantitatively verifiable documentation ofresidential composting tonnage to the de-partment. The documentation must show thatmore than two percent of the wasteshed’sgenerated tonnage of solid waste is divertedfrom the wastestream by residentialcomposting.

(f)(A) If there is not a viable market forrecycling a material under paragraph (a) ofthis subsection, the composting or burningof the material for energy recovery may beincluded in the recovery rate for thewasteshed.



(B) If the material is burned for energyrecovery and then included in the recoveryrate for Clackamas, Multnomah or Washing-ton Counties in aggregate or for Benton,Lane, Linn, Marion, Polk or Yamhill Countywastesheds, the same material, when burnedas part of mixed solid waste, may be includedin the recovery rate for a wasteshed thatburns mixed solid waste for energy recovery.The amount of the material within the mixedsolid waste that may be included in the re-covery rate for energy recovery shall be de-termined by a waste composition studyperformed by the wasteshed at least everyfour years.

(C) Mixtures of materials that arecomposted or burned for energy recoveryshall not be included in the recovery rate ifmore than half of the mixed materials byweight could have been recycled if properlysource separated.

(D) In its annual report to the depart-ment, the county or metropolitan servicedistrict shall state how much composting orenergy recovery under this paragraph is in-cluded as recovery and state the basis for thedetermination that there was not a viablemarket for recycling the material.

(E) As used in this paragraph, “viablemarket” means a place within a wasteshedthat will pay for the material or accept thematerial free of charge or a place outside awasteshed that will pay a price for the ma-terial that, at minimum, covers the cost oftransportation of the material.

(g) Recovery rates shall not include:(A) Industrial and manufacturing wastes

such as boxboard clippings and metal trimthat are recycled before becoming part of aproduct that has entered the wholesale orretail market.

(B) Metal demolition debris in which ar-rangements are made to sell or give the ma-terial to processors before demolition suchthat it does not enter the solid waste stream.

(C) Discarded vehicles or parts of vehi-cles that do not routinely enter the solidwaste stream.

(D) Material recovered for composting orenergy recovery from mixed solid waste, ex-cept as provided in paragraph (f) of this sub-section.

(h) “Solid waste disposed” shall mean thetotal weight of solid waste disposed otherthan the following:

(A) Sewage sludge or septic tank andcesspool pumpings;

(B) Waste disposed of at an industrialwaste disposal site;

(C) Industrial waste, ash, inert rock, dirt,plaster, asphalt and similar material if deliv-

ered to a municipal solid waste disposal siteor demolition disposal site and if a record iskept of such deliveries and submitted as partof the annual report submitted under ORS459A.050;

(D) Waste received at an ash monofillfrom an energy recovery facility; and

(E) Solid waste not generated within thisstate.

(i) The statewide recovery rate shall in-clude the two percent credit for reuse pro-grams under paragraph (c) of this subsectionand the credit for residential composting un-der paragraphs (d) and (e) of this subsection,beginning with the statewide recovery ratecalculated for the calendar year 2001.

(5)(a) Each local government that fran-chises or licenses the collection of solidwaste and establishes the rates to be chargedfor collection service shall either:

(A) Include in those rates all net costsincurred by the franchisee or licensee forproviding the “opportunity to recycle” underORS 459A.005 and for implementing the re-quirements of subsection (3) of this section;or

(B) Fund implementation of the “oppor-tunity to recycle” under ORS 459A.005 or therequirements of subsection (3) of this sectionthrough an alternative source of funding in-cluding but not limited to disposal fees.

(b) As used in this subsection, “netcosts” includes but is not limited to the rea-sonable costs for collecting, handling, pro-cessing, storing, transporting and deliveringrecyclable material to market and for pro-viding any required education and promotionor data collection services adjusted by a fac-tor to account for proceeds from the sale ofrecyclable material.

(6)(a) Clackamas, Multnomah and Wash-ington counties, in aggregate, shall achievea recovery rate of 62 percent for the calendaryear 2005 and 64 percent for the calendaryear 2009.

(b) The wastesheds shall achieve the fol-lowing recovery rates for the calendar year2005:

(A) Baker County, 25 percent;(B) Benton County, 45 percent;(C) Clatsop County, 25 percent;(D) Columbia County, 28 percent;(E) Coos County, 30 percent;(F) Crook County, 20 percent;(G) Curry County, 30 percent;(H) Deschutes County, 32 percent;(I) Douglas County, 35 percent;(J) Gilliam County, 20 percent;



(K) Grant County, 19 percent;(L) Harney County, 30 percent;(M) Hood River County, 25 percent;(N) Jackson County, 40 percent;(O) Jefferson County, 25 percent;(P) Josephine County, 38 percent;(Q) Klamath County, 15 percent;(R) Lake County, 8 percent;(S) Lane County, 45 percent;(T) Lincoln County, 19 percent;(U) Linn County, 40 percent;(V) Malheur County, 21 percent;(W) Marion County, 37 percent;(X) City of Milton-Freewater, 22 percent;(Y) Morrow County, 18 percent;(Z) Polk County, 30 percent;(AA) Sherman County, 20 percent;(BB) Tillamook County, 30 percent;(CC) Umatilla County, 20 percent;(DD) Union County, 25 percent;(EE) Wallowa County, 20 percent;(FF) Wasco County, 35 percent;(GG) Wheeler County, 20 percent; and(HH) Yamhill County, 39 percent.(c) The wastesheds shall achieve the fol-

lowing recovery rates for the calendar year2009:

(A) Baker County, 25 percent;(B) Benton County, 50 percent;(C) Clatsop County, 25 percent;(D) Columbia County, 32 percent;(E) Coos County, 30 percent;(F) Crook County, 20 percent;(G) Curry County, 30 percent;(H) Deschutes County, 45 percent;(I) Douglas County, 40 percent;(J) Gilliam County, 20 percent;(K) Grant County, 19 percent;(L) Harney County, 40 percent;(M) Hood River County, 25 percent;(N) Jackson County, 40 percent;(O) Jefferson County, 25 percent;(P) Josephine County, 38 percent;(Q) Klamath County, 20 percent;(R) Lake County, 10 percent;(S) Lane County, 54 percent;(T) Lincoln County, 20 percent;(U) Linn County, 40 percent;(V) Malheur County, 22 percent;(W) Marion County, 54 percent;

(X) City of Milton-Freewater, 25 percent;(Y) Morrow County, 20 percent;(Z) Polk County, 35 percent;(AA) Sherman County, 20 percent;(BB) Tillamook County, 30 percent;(CC) Umatilla County, 20 percent;(DD) Union County, 25 percent;(EE) Wallowa County, 20 percent;(FF) Wasco County, 35 percent;(GG) Wheeler County, 20 percent; and(HH) Yamhill County, 45 percent.(d) Each wasteshed shall prepare an in-

dividualized plan that identifies policies orprograms specific to the wasteshed’s localconditions to achieve the required recoverygoals. The plan shall be available to the de-partment upon the department’s request byDecember 31, 2001. The plan shall be updatedby December 31, 2006, and updated again byDecember 31, 2010. Clackamas, Multnomahand Washington Counties, in aggregate, maymeet this requirement through the programsunder ORS 459.340, 459.345, 459.350 and459A.050.

(e) If a wasteshed does not achieve its2005 or 2009 waste recovery goal, thewasteshed shall conduct a technical reviewof existing policies or programs and deter-mine revisions to meet the recovery goal.The department shall, upon the request ofthe wasteshed, assist in the technical review.The wasteshed may request, and may assistthe department in conducting, a technicalreview to determine whether the wasteshedgoal is valid.

(7) In calculating the recovery rates setforth in subsection (6) of this section, com-mercial, industrial and demolition scrapmetal, vehicles, major equipment and homeor industrial appliances that are handled orprocessed for use in manufacturing new pro-ducts and that do not routinely enter thesolid waste stream through land disposal fa-cilities, transfer stations, recycling depots oron-route collection programs shall not becounted as material recovery or recycling.The department shall annually conduct anindustry survey to determine the contrib-ution of post-consumer residential scrapmetal, including home appliances, to recycl-ing and recovery levels in a manner whichprevents double counting of material recov-ered. Information collected under the pro-visions of this section, as it relatesspecifically to private sector customer listsor specific amounts and types of materialscollected or marketed, shall be maintainedas confidential by the department and exemptfrom disclosure under ORS 192.410 to192.505. The department may use and dis-



close such information in aggregated form.[1991 c.385 §2; 1993 c.560 §74; 1995 c.541 §3; 1997 c.552§9; 2001 c.513 §2]

459A.015 Commission duties. The Envi-ronmental Quality Commission shall:

(1) Amend the state solid waste manage-ment plan to conform to the requirements ofORS 459.005, 459.015, 459.035, 459.250,459.992 (1) and (2), 459.995 and 459A.005 to459A.665.

(2) Review Department of EnvironmentalQuality reports on compliance with and im-plementation of ORS 459.005, 459.015,459.035, 459.250, 459.992 (1) and (2), 459.995and 459A.005 to 459A.665.

(3) Submit the report by the departmenton the statewide integrated solid waste man-agement plan under ORS 459A.020 (2) toeach odd-numbered year regular session ofthe Legislative Assembly. [Formerly 459.168; 1993c.560 §75; 1997 c.552 §10; 2011 c.545 §57]

459A.020 Statewide integrated solidwaste management plan; review; re-vision. (1) The Environmental Quality Com-mission shall adopt a statewide integratedsolid waste management plan. The plan shallinclude, but need not be limited to the fol-lowing components of solid waste manage-ment:

(a) Waste prevention;(b) Recycling;(c) Solid waste collection and processing;(d) Composting and energy recovery;(e) Incineration;(f) Disposal;(g) Disposal capacity and facility siting;

and(h) Transportation.(2) The statewide integrated solid waste

management plan shall be developed in con-sultation with local government, the OregonBusiness Development Department and otherappropriate state and regional agencies,commissions and task forces. The plan shalladdress integrated solid waste managementfor at least 10 years into the future. The De-partment of Environmental Quality shall re-view the plan every two years and submitthe report to the commission. The reportshall include:

(a) The status of implementation of theprovisions of ORS 459A.005 to 459A.665, in-cluding:

(A) The annual weight of material dis-posed of per capita, by wasteshed and state-wide;

(B) The annual recovery rate achieved byeach wasteshed and statewide; and

(C) The amount of each type of materialrecovered annually statewide and, based onavailable information, the amount of eachtype of material recycled annually statewide;

(b) Compliance with and implementationof the provisions of ORS 459.015, 459.035,459.055, 459.992 (1) and (2) and 459.995;

(c) Status of the metropolitan servicedistrict’s waste reduction program as sub-mitted to the commission under ORS 459.345and its compliance with the criteria in ORS459.350; and

(d) Recommendations for improvementsin waste prevention, reuse, recycling andcomposting programs.

(3) The commission shall revise the planat regular intervals in order to allow localgovernment units to take advantage of thedata and analysis in the state plan. [1991 c.385§18; 1993 c.560 §76; 1997 c.552 §11]

459A.025 Commission to adopt rulesregarding waste disposal and recycling.(1) According to the requirements of ORSchapter 183, the Environmental QualityCommission shall adopt rules and guidelinesnecessary to carry out the provisions of ORS459.005, 459.015, 459.035, 459.250, 459.992 (1)and (2), 459.995 and 459A.005 to 459A.665,including but not limited to:

(a) Acceptable alternative methods forproviding the opportunity to recycle;

(b) Education, promotion and notice re-quirements, which requirements may be dif-ferent for disposal sites and collectionsystems;

(c) Identification of the wasteshedswithin the state;

(d) Identification of the principal recy-clable material in each wasteshed;

(e) Guidelines for local government unitsand other persons responsible for implement-ing the provisions of ORS 459.005, 459.015,459.035, 459.250, 459.992 (1) and (2), 459.995and 459A.005 to 459A.665;

(f) Standards for the joint submission ofthe recycling reports required under ORS459A.050 (1); and

(g) Subject to prior approval of the Ore-gon Department of Administrative Servicesand a report to the Emergency Board priorto adopting the fee, the amount of an annualor permit fee or both under ORS 459.235,459.245 and 468.065 necessary to carry outthe provisions of ORS 459.005, 459.015,459.035, 459.250, 459.992 (1) and (2), 459.995and 459A.005 to 459A.665.

(2) In adopting rules or guidelines underthis section, the commission shall consider:

(a) The policy stated in ORS 459.015.



(b) Systems and techniques available forrecycling, including but not limited to exist-ing recycling programs.

(c) Availability of markets for recyclablematerial.

(d) Costs of collecting, storing, transport-ing and marketing recyclable material.

(e) Avoided costs of disposal.(f) Density and characteristics of the

population to be served.(g) Composition and quantity of solid

waste generated and potential recyclablematerial found in each wasteshed. [Formerly459.170; 1993 c.560 §77; 1995 c.79 §275; 1997 c.552 §12]

459A.027 Legislative findings. The Leg-islative Assembly finds and declares that:

(1) Public and private recycling programsthat collect source separated recyclable ma-terials from residences and from commercialand institutional establishments on a sched-ule that is convenient to the generator, areeffective and efficient methods of recoveringrecyclable material in the ongoing effort toachieve the solid waste recovery goals of theState of Oregon; and

(2) An effective way to support the ef-forts of local government units responsiblefor implementing solid waste programs di-rected at achieving solid waste recoverygoals is by using existing state resources tosupport local recycling programs throughgrants. [1997 c.552 §7]

459A.029 Department to provide ma-terials to local governments; commercialgenerator recovery rate goal. (1) The De-partment of Environmental Quality shallwork with local government units to provideeducational and promotional materials thatlocal government units may distribute tocommercial generators of solid waste. Theeducational and promotional materialsshould be targeted to businesses, and includereasons to recycle, including economic bene-fits, common barriers to recycling and sol-utions, additional resources for commercialgenerators and other information designed toassist and encourage meeting the state’s 50percent recovery rate.

(2) Each wasteshed is encouraged to in-volve local business organizations in publiclyrecognizing outstanding recycling efforts bycommercial generators of solid waste. Therecognition may include awards designed toprovide additional incentives to increase re-cycling efforts.

(3) Each commercial generator of solidwaste shall strive to achieve 50 percent re-covery from its solid waste stream by theyear 2000.

(4) The Legislative Assembly encourageslocal government units that have chosen to

implement commercial recycling programs toevaluate the effectiveness of those programs.The effectiveness of a program may be de-termined by measuring solid waste divertedby programs, by participation in programs orsome other method. [1997 c.552 §8]

459A.030 Technical assistance to localgovernments. The Department of Environ-mental Quality shall provide technical as-sistance to cities, counties or metropolitanservice districts in the development, revision,amendment and implementation of local solidwaste reduction, reuse and recycling pro-grams and solid waste management programsthat comply with the opportunity to recycleestablished in ORS 459A.005 and 459A.010.The department shall give special emphasisto assisting rural and remote counties. [1991c.385 §52; 1993 c.560 §78]

459A.035 Solid waste compositionstudy. The Department of EnvironmentalQuality shall conduct a solid waste composi-tion study at least once a biennium for allareas of the state not covered by other solidwaste composition studies. The study mayinclude:

(1) A measurement of the per capitawaste disposal rate; or

(2) A statewide survey of the amount ofwaste reduced through material and energyrecovery. [1991 c.385 §5; 1993 c.560 §79]

459A.040 [1991 c.385 §93; repealed by 1997 c.552 §40]

459A.045 Request for modification orvariance. Any affected person may:

(1) Request the Environmental QualityCommission to modify the recyclable mate-rial for which the commission determines theopportunity to recycle must be provided; or

(2) Request a variance under ORS459A.055. [Formerly 459.175]

459A.050 Recycling reports. (1) On be-half of each wasteshed and the cities withineach wasteshed, each county shall submit tothe Department of Environmental Quality:

(a) A periodic report, as required by thedepartment, but not more frequently thanannually, that documents how the wasteshedand the cities within the wasteshed are im-plementing the opportunity to recycle, in-cluding the requirements of ORS 459A.010.A wasteshed is encouraged to report the re-sults of the wasteshed’s commercial recyclingprogram evaluations in the wasteshed’s peri-odic report to the Department of Environ-mental Quality.

(b) An annual report that states for thewasteshed the type of material and theweight of each type of material collectedthrough the following means:

(A) On-route collection;



(B) Collection from commercial custom-ers; and

(C) Collection at disposal site recyclingdepots.

(c) If solid waste generated in thewasteshed is disposed of outside of the state,the total weight of the solid waste disposedof outside the state, which shall be includedin the annual report.

(2) The metropolitan service district forMultnomah, Washington and Clackamascounties and the cities therein in aggregateshall submit to the department annual re-ports that include the information requiredunder subsection (1) of this section.

(3) Except as provided in subsection (4)of this section and subject to the exclusionsof ORS 459A.010 (4)(h), each solid waste dis-posal site that receives solid waste, excepttransfer stations, shall report, for eachwasteshed, the weight of in-state solid wastedisposed of at the solid waste disposal sitethat was generated in each wasteshed.

(4) The metropolitan service district forMultnomah, Washington and Clackamascounties and the cities therein in aggregateshall submit to the department the weight ofsolid waste disposed of through the followingfacilities:

(a) Metropolitan service district centraltransfer station;

(b) Metropolitan service district southtransfer station;

(c) Municipal solid waste compost facil-ity; and

(d) Any disposal facility or transfer facil-ity owned, operated or under contract by themetropolitan service district.

(5) The cities and counties within eachwasteshed shall share proportionally in thecosts incurred for the preparation and sub-mission of the annual report required underthis section.

(6) At least annually, the departmentshall survey privately operated recycling andmaterial recovery facilities, including but notlimited to buy back centers, drop off centers,recycling depots other than those at permit-ted land disposal facilities, manufacturersand distributors. The department shall col-lect the following information:

(a) By type of material for eachwasteshed, the weight of in-state materialcollected from other than on-route collectionprograms, both residential and commercial.

(b) Any other information necessary toprevent double counting of material recov-ered or to determine if a material is recycla-ble.

(7) Information collected under subsec-tion (6) of this section, as it relates specif-ically to the entity’s customer lists orspecific amounts and types of materials col-lected or marketed, shall be maintained asconfidential by the department and exemptfrom disclosure under ORS 192.410 to192.505. The department may use and dis-close such information in aggregated form.

(8) The information in subsections (1)(b)to (4) and (6) of this section shall be col-lected and reported annually on a form pro-vided by the department.

(9) Unless extended by the Environ-mental Quality Commission upon applicationunder ORS 459A.055 after the affected per-sons show good cause for an extension, theaffected persons within the wasteshed shallimplement the opportunity to recycle andsubmit the recycling report to the depart-ment. [Formerly 459.180; 1993 c.560 §80; 1997 c.552 §13;2001 c.513 §4]

459A.055 Variance or request for ex-tension to provide opportunity to recycle.(1)(a) Upon written application by an affectedperson, the Environmental Quality Commis-sion may, to accommodate special conditionsin the wasteshed or a portion thereof, granta variance from specific requirements of therules or guidelines adopted under ORS459A.025.

(b) The Environmental Quality Commis-sion may grant all or part of a variance un-der this section.

(c) Upon granting a variance, the com-mission may attach any condition the com-mission considers necessary to carry out theprovisions of ORS 459.015, 459.250 and459A.005 to 459A.665.

(d) In granting a variance, the commis-sion must find that:

(A) Conditions exist that are beyond thecontrol of the applicant;

(B) Special conditions exist that rendercompliance unreasonable or impractical; or

(C) Compliance may result in a reductionin recycling.

(2) An affected person may apply to thecommission to extend the time permitted un-der ORS 459.005, 459.015, 459.035, 459.250,459A.005 and 459A.050 for providing for allor a part of the opportunity to recycle orsubmitting a recycling report to the Depart-ment of Environmental Quality. The com-mission may:

(a) Grant an extension upon a showingof good cause;

(b) Impose any necessary conditions onthe extension; or



(c) Deny the application in whole or inpart. [Formerly 459.185; 1993 c.560 §81; 1997 c.552 §14;2001 c.513 §5]

459A.060 [1991 c.385 §4; 1997 c.552 §15; repealed by2001 c.513 §6]

459A.065 Mandatory participation inrecycling. (1) Upon findings made undersubsection (3) of this section, the Environ-mental Quality Commission may require oneor more classes of solid waste generatorswithin all or part of a wasteshed to recycleidentified recyclable material that has beensource separated from other solid waste orotherwise make the material available forrecycling.

(2) In determining which materials arerecyclable for purposes of mandatory partic-ipation, the cost of recycling from commer-cial or industrial sources shall include thegenerator’s cost of source separating or oth-erwise making the material available for re-cycling or reuse.

(3) Before requiring solid waste genera-tors to participate in recycling under thissection, the commission must find, after apublic hearing, that:

(a) The opportunity to recycle has beenprovided for a reasonable period of time andthe level of participation by generators doesnot fulfill the policy set forth in ORS 459.015;

(b) The mandatory participation programis economically feasible within the affectedwasteshed or portion of the wasteshed; and

(c) The mandatory participation programis the only practical alternative to carry outthe policy set forth in ORS 459.015.

(4) After a mandatory participation pro-gram is established for a class of generatorsof solid waste, no person within the identi-fied class of generators shall put solid wasteout to be collected nor dispose of solid wasteat a disposal site unless the person has sep-arated the identified recyclable material ac-cording to the requirements of themandatory participation program and madethe recyclable material available for recycl-ing. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]

459A.070 Limitation on amountcharged person who source separates re-cyclable material. (1) A collection serviceor disposal site may charge a person whosource separates recyclable material andmakes it available for reuse or recycling less,but not more, for collection and disposal ofsolid waste and collection of recyclable ma-terial than the collection service charges aperson who does not source separate recy-clable material.

(2) A collection service or disposal sitemay charge a person who does not have solidwaste collection service but who source sep-arates recyclable material and makes the

material available for reuse or recycling, forthe cost of providing that service. In no caseshall the charge be greater than the chargeto collect or dispose of that material as solidwaste. [Formerly 459.190]

459A.075 Exemptions. Nothing in ORS459.005, 459.015, 459.035, 459.250, 459.992,459.995 and 459A.005 to 459A.665 applies torecyclable material which is:

(1) Source separated by the generator;and

(2) Purchased from or exchanged by thegenerator for fair market value for recyclingor reuse. [Formerly 459.192]

459A.080 Prohibitions against remov-ing or mixing recyclable material. A per-son may not:

(1) Without the permission of the owneror generator of recyclable material, take re-cyclable material set out to be collected bya person authorized by a city or county toprovide collection service for that recyclablematerial.

(2) Remove any recyclable material froma container, box, collection vehicle, depot orother receptacle for the accumulation orstorage of recyclable material without per-mission of the owner of the receptacle.

(3) Mix source separated recyclable ma-terial with solid waste in any vehicle, box,container or receptacle used in solid wastecollection or disposal. [Formerly 459.195]

459A.085 City, county authority to is-sue collection service franchises; oppor-tunity to recycle; rates. (1) The LegislativeAssembly finds that providing for collectionservice including but not limited to the col-lection of recyclable material as part of theopportunity to recycle is a matter of state-wide concern.

(2) The exercise of the authority grantedby this section is subject to ORS 221.735 and459.085 (3).

(3) It is the intent of the Legislative As-sembly that a city or county may displacecompetition with a system of regulated col-lection service by issuing franchises whichmay be exclusive if service areas are allo-cated. The city or county may recognize anexisting collection service. A city or countymay award or renew a franchise for col-lection service with or without bids or re-quests for proposals.

(4) In carrying out the authority grantedby this section, a city or county acts for andon behalf of the State of Oregon to carry out:

(a) The purposes of ORS 459.015;(b) The requirements of ORS 459.005,

459.015, 459.035, 459.250, 459.992 (1) and (2),459.995 and 459A.005 to 459A.665;



(c) Waste reduction programs; and(d) The state solid waste management

plan.(5) After October 15, 1983, a city or a

county may continue, extend or renew anexisting franchise or grant a new franchisefor collection service. If a city or county, infurtherance of ORS 459.005 to 459.426,459.705 to 459.790 and 459A.005 to 459A.665,has granted a collection service franchisebefore October 15, 1983, it may treat thefranchise as if adopted under this section.

(6)(a) If a collection service franchise iscontinued, extended, renewed or granted onor after October 15, 1983, the opportunity torecycle shall be provided to a franchiseholder’s customers no later than July 1, 1986.This subsection does not apply to that por-tion of the opportunity to recycle providedat or in connection with a disposal site underORS 459.250.

(b) The opportunity to recycle may beprovided by:

(A) The person holding the franchise;(B) Another person who provides the op-

portunity to recycle to the franchise holder’scustomers; or

(C) A person who is granted a separatefranchise from the city or county solely forthe purpose of providing the opportunity torecycle.

(c) In determining who shall provide theopportunity to recycle, a city or county shallfirst give due consideration to any personlawfully providing recycling or collectionservice on June 1, 1983, if the person con-tinues to provide the service until the datethe determination is made and the personhas not discontinued the service for a periodof 90 days or more between June 1, 1983, andthe date the city or county makes the deter-mination.

(7) In granting a collection service fran-chise, the city or county may:

(a) Prescribe the quality and characterof and rates for collection service and theminimum requirements to guarantee mainte-nance of service, determine level of service,select persons to provide collection serviceand establish a system to pay for collectionservice.

(b) Divide the regulated area into serviceareas, grant franchises to persons for col-lection service within the service areas andcollect fees from persons holding such fran-chises.

(8) The rates established under this sec-tion shall be just and reasonable and ade-quate to provide necessary collection service.The rates established by the city or county

shall allow the person holding the franchiseto recover any additional costs of providingthe opportunity to recycle at the minimumlevel required by ORS 459.005, 459.015,459.035, 459.250, 459.992 (1) and (2), 459.995and 459A.005 to 459A.665 or at a higher levelof recycling required by or permitted by thecity or county. The rates shall also allow theperson to recover the costs of education,promotion and notice of the opportunity torecycle provided by a person holding a fran-chise.

(9) Instead of providing funding for theopportunity to recycle through rates estab-lished pursuant to subsection (8) of this sec-tion, a city or county may provide analternative method of funding all or part ofthe opportunity to recycle.

(10) In establishing service areas, the cityor county shall consider:

(a) The policies contained in ORS459.015;

(b) The requirements of ORS 459.250 and459A.005 to 459A.665;

(c) Any applicable local or regional solidwaste management plan approved by the De-partment of Environmental Quality;

(d) Any applicable waste reduction planapproved by the department; and

(e) The need to conserve energy, increaseefficiency, provide the opportunity to recycle,reduce truck traffic and improve safety.

(11) A city or county may further restrictcompetition by permitting one or more col-lection service franchise holders to cooperateto provide the opportunity to recycle if thecity or county finds that such cooperationwill:

(a) Improve collection service efficiency;(b) Guarantee an adequate volume of

material to improve the feasibility and effec-tiveness of recycling;

(c) Increase the stability of recyclingmarkets; or

(d) Encourage joint marketing of materi-als or joint education and promotion efforts.

(12) The provisions of this section are inaddition to and not in lieu of any other au-thority granted to a city or county. A cityor county’s exercise of authority under thissection is not intended to create any pre-sumption regarding an activity of the localgovernment unit not addressed in this sec-tion. This section shall not be construed tomean that it is the policy of Oregon thatother local government activities may not beexercised in a manner that supplants or lim-its economic competition. [Formerly 459.200; 1993c.560 §84]



459A.100 Definitions for ORS 459A.100to 459A.120. As used in ORS 459A.100 to459A.120:

(1) “Domestic solid waste” includes butis not limited to residential, commercial andinstitutional wastes generated within thisstate.

(2) “Domestic solid waste” does not in-clude:

(a) Sewage sludge or septic tank andcesspool pumpings;

(b) Building demolition or constructionwastes and land clearing debris, if deliveredto a disposal site that is limited to thosepurposes;

(c) Source separated recyclable material,or material recovered at the disposal site;

(d) Waste going to an industrial wastefacility;

(e) Waste received at an ash monofillfrom an energy recovery facility; or

(f) Other material excluded by the Envi-ronmental Quality Commission in order tosupport the policies of ORS 459.015. [Formerly459.292; 1993 c.560 §85]

459A.105 Policy. The Legislative Assem-bly finds and declares that:

(1) Domestic solid waste disposal capacityis a matter of statewide concern;

(2) The disposal in Oregon of domesticsolid waste generated both outside andwithin Oregon will reduce the total capacityavailable for disposal of domestic solid wastegenerated in this state;

(3) The disposal in Oregon of domesticsolid waste generated outside Oregon andwithin Oregon will add to the level of envi-ronmental risk associated with the transpor-tation and disposal of those wastes; and

(4) It is in the best interest of the publichealth, safety and welfare of the people ofOregon to reduce the amount of domesticsolid waste being generated in Oregon in or-der to extend the useful life of existing do-mestic solid waste disposal sites and toreduce the environmental risks associatedwith receiving waste generated outside Ore-gon at those sites. [Formerly 459.293]

459A.110 Additional fees for programsfor reduction of domestic solid waste andenvironmental risks; assessment; maxi-mum fee. (1) In addition to the permit feesprovided in ORS 459.235, the EnvironmentalQuality Commission shall establish a sched-ule of fees for all:

(a) Disposal sites that receive domesticsolid waste except transfer stations; and

(b) Persons who transport solid waste outof the State of Oregon to a disposal site thatreceives domestic solid waste.

(2) The schedule adopted under subsec-tion (1) of this section shall be based on theestimated tonnage or the actual tonnage, ifknown, received at the site or transportedout of state for disposal and any other simi-lar or related factors the commission findsappropriate. The fees collected pursuant tothe schedule shall be sufficient to assist inthe funding of programs to reduce theamount of domestic solid waste generated inOregon and to reduce environmental risks atdomestic waste disposal sites.

(3) For solid waste delivered to a disposalsite owned or operated by a metropolitanservice district, the schedule of fees, but notthe permit fees provided in ORS 459.235, es-tablished by the commission in subsection (1)of this section shall be levied on the district,not the disposal site.

(4) The commission also may requiresubmittal of information related to volumesand sources of solid waste if necessary tocarry out the activities in ORS 459A.120. Forsolid waste transported out of the State ofOregon for disposal, the required informationmay include the type of solid waste, thecounty of origin of the solid waste and thestate to which the solid waste is transportedfor final disposal.

(5) Before transporting or arranging fortransport of solid waste out of the State ofOregon to a disposal site that receives do-mestic solid waste, a person shall notify theDepartment of Environmental Quality inwriting.

(6)(a) A local government that franchisesor licenses a disposal site that receives do-mestic solid waste shall allow the disposalsite to pass through the amount of the feesestablished by the commission in subsection(1) of this section to the users of the site.

(b) If a disposal site that receives domes-tic solid waste passes through all or a por-tion of the fees established by thecommission in subsection (1) of this sectionto a solid waste collector who uses the site,a local government that franchises or li-censes the collection of solid waste shall al-low the franchisee or licensee to include theamount of the fee in the collection servicerate.

(7) The fees generated under subsection(1) of this section shall be sufficient to ac-complish the purposes set forth in ORS459A.120 but shall be no more than 50 centsper ton.

(8) There shall be a fee on solid wastegenerated out of state. This fee shall be anamount equal to the sum of the fees estab-



lished under subsection (1) of this sectionand ORS 459A.115 and shall be collected inthe same manner as fees established undersubsection (1) of this section and ORS459A.115.

(9) As used in this section, “person” doesnot include an individual who transports theindividual’s own residential solid waste to adisposal site located out of the state.[Formerly 459.294; 1993 c.528 §2; 1993 c.560 §86]

459A.115 Surcharge on fee imposedunder ORS 459A.110; use of surcharge. (1)From January 1, 1992, to December 31, 1993,the schedule of fees as established by theEnvironmental Quality Commission underORS 459A.110 (1) is increased by 35 cents perton. The portion of the fees attributable tothe 35 cents per ton increase shall be depos-ited into the General Fund and credited toan account of the Department of Environ-mental Quality. Such moneys are contin-uously appropriated to the department toimplement the provisions of this section andORS 459.005, 459.015, 459.235, 459.247,459.418, 459.995, 459A.005, 459A.010,459A.020, 459A.030 to 459A.055, 459A.070,459A.110, 459A.500 to 459A.685, 459A.695 and459A.750.

(2) Beginning January 1, 1994, the sched-ule of fees as established by the commissionunder ORS 459A.110 is increased by 31 centsper ton and shall be deposited into the Gen-eral Fund and credited to an account of thedepartment. Such moneys are continuouslyappropriated to the department to implementthe provisions described in subsection (1) ofthis section, excluding ORS 459.418. [1991 c.385§13a; 1993 c.560 §88]

Note: 459A.115 was added to and made a part of459A.005 to 459A.665 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

459A.120 Use of additional fees. (1) Ex-cept as provided in ORS 459A.115, the feesestablished by the Environmental QualityCommission under ORS 459A.110 shall bedeposited in the General Fund and creditedto an account of the Department of Environ-mental Quality. Such moneys are contin-uously appropriated to the department tocarry out the purposes set forth in subsec-tion (2) of this section.

(2) The fees collected under ORS459A.110 shall be used only for the followingpurposes:

(a) Implementation of the provisions ofORS 459.411 to 459.417.

(b) Department of Environmental Qualityprograms to promote and enhance waste re-duction and recycling statewide, includingdata collection, performance measurement,

education and promotion, market develop-ment and demonstration projects.

(c) Department of Environmental Qualityactivities for ground water monitoring andenforcement of ground water protectionstandards at disposal sites that receive do-mestic solid waste.

(d) Solid waste planning activities bycounties and the metropolitan service dis-trict, as approved by the department, includ-ing planning for special waste disposal,planning for closure of solid waste disposalsites, capacity planning for domestic solidwaste and regional solid waste planning.

(e) Grants to local government units forrecycling and solid waste planning activities.

(f) Payment of administrative costs in-curred by the department in accomplishingthe purposes set forth in this section. Theamount allocated under this paragraph shallnot exceed 10 percent of the fees generatedunder ORS 459A.110. [Formerly 459.295; 1993 c.560§89; 1999 c.59 §130]

SPECIFIC RECYCLINGREQUIREMENTS

(Electronic Devices)459A.300 Legislative findings. The Leg-

islative Assembly finds that:(1) It is necessary to encourage the de-

sign of electronic devices that are moreresource-efficient, more recyclable and lessenvironmentally toxic;

(2) The development and availability of astatewide system that conveniently servesboth urban and rural areas of Oregon for thecollection, transportation and recycling ofelectronic devices is in the best interest ofthe state; and

(3) A statewide collection, transportationand recycling system should be financed bythe manufacturers of those electronic de-vices. [2007 c.302 §1]

Note: 459A.300 to 459A.365 were enacted into lawby the Legislative Assembly but were not added to ormade a part of ORS chapter 459A or any series thereinby legislative action. See Preface to Oregon RevisedStatutes for further explanation.


(1) “Brand” means a name, symbols,words or marks that identify a covered elec-tronic device, rather than any of its compo-nents, and attribute the device to the ownerof the brand as the manufacturer.

(2) “Collector” means an entity that col-lects covered electronic devices as part of amanufacturer program or the state contrac-tor program.

(3)(a) “Covered electronic device” means:



(A) A computer monitor of any type hav-ing a viewable area greater than four inchesmeasured diagonally;

(B) A desktop computer or portable com-puter; or

(C) A television of any type having aviewable area greater than four inchesmeasured diagonally.

(b) “Covered electronic device” does notinclude:

(A) Any part of a motor vehicle;(B) Any part of a larger piece of equip-

ment designed and intended for use in an in-dustrial, commercial or medical setting, suchas diagnostic, monitoring or control equip-ment;

(C) Telephones or personal digital assis-tants of any type unless the telephone orpersonal digital assistant contains a viewablearea greater than four inches measureddiagonally; or

(D) Any part of a clothes washer, clothesdryer, refrigerator, freezer, microwave oven,conventional oven or range, dishwasher,room air conditioner, dehumidifier or airpurifier.

(4) “Covered entity” means any Oregonhousehold, a business that employs 10 orfewer individuals, a not-for-profit organiza-tion exempt from taxation under section501(c)(3) of the Internal Revenue Code thatemploys 10 or fewer individuals, or any per-son giving seven or fewer covered electronicdevices to a collector at any one time.

(5) “Environmentally sound managementpractices” means practices that comply withall applicable laws, including but not limitedto adequate record keeping, tracking the fateof recycled materials, performance audits andinspections, provisions for reuse andrefurbishment, compliance with workerhealth and safety requirements, maintainingliability insurance and financial assurancesand practices that may be adopted by rule bythe Environmental Quality Commission.

(6)(a) “Manufacturer” means any person,irrespective of the selling technique used,including by means of remote sale:

(A) That manufactures covered electronicdevices under a brand that it owns or is li-censed to use;

(B) That sells covered electronic devicesmanufactured by others under a brand thatthe seller owns;

(C) That manufactures covered electronicdevices without affixing a brand;

(D) That manufactures covered electronicdevices to which it affixes a brand that itdoes not own; or

(E) On whose account covered electronicdevices manufactured outside the UnitedStates are imported into the United States.This subparagraph does not apply if, at thetime the covered electronic devices are im-ported into the United States, another personis registered as the manufacturer of thebrand of the covered electronic devices.

(b) “Manufacturer” does not include aperson with a license to manufacture coveredelectronic devices for delivery exclusively toor at the order of the licenser.

(7) “Manufacturer program” means astatewide plan for collecting, transportingand recycling covered electronic devices thatis provided by a single manufacturer orgroup of manufacturers pursuant to ORS459A.320.

(8) “Orphan device” means a coveredelectronic device for which no manufacturercan be identified.

(9) “Person” means the United States,the state or a public or private corporation,local government unit, public agency, indi-vidual, partnership, association, firm, trust,estate or other legal entity.

(10) “Portable computer” means any ofthe following that has a viewable areagreater than four inches measured diagonallyand that can be carried as one unit by anindividual:

(a) A laptop computer;(b) A notebook computer; or(c) A notepad computer.(11) “Premium service” means services

such as at-location system upgrade servicesand at-home pickup services, includingcurbside pickup service.

(12)(a) “Recycling” means:(A) Processing through disassembling,

dismantling, shredding, transforming or re-manufacturing covered electronic devices,components and by-products into usable ormarketable raw materials or products in amanner such that the original products maylose their identity; or

(B) Smelting materials from componentsremoved from covered electronic devices torecover metals for reuse in conformance withapplicable laws and rules.

(b) “Recycling” does not include:(A) Landfill disposal or incineration of

covered electronic devices; or(B) Energy recovery or energy generation

by means of combusting covered electronicdevices, components and by-products with orwithout other waste.

(13) “Recycling credit” means a creditgranted to a manufacturer program or a



state contractor program for the collection,transport and recycling of covered electronicdevices in an amount that exceeds theprogram’s return share by weight for a cal-endar year.

(14) “Retailer” means a person that offersnew covered electronic devices for sale atretail through any means, including but notlimited to remote offerings such as salesoutlets, catalogs or the Internet.

(15) “Return share” means the minimumpercentage of covered electronic devices thatan individual manufacturer is responsible forcollecting, transporting and recycling.

(16) “Return share by weight” means theminimum total weight of covered electronicdevices that an individual manufacturer isresponsible for collecting, transporting andrecycling.

(17)(a) “Sell” or “sale” means any trans-fer of title for consideration, including butnot limited to remote sales conductedthrough sales outlets, catalogs or the Inter-net, or any other similar electronic means.

(b) “Sell” or “sale” does not includeleases.

(18) “State contractor program” means astatewide program for collecting, transport-ing and recycling covered electronic devicesthat is provided by the Department of Envi-ronmental Quality for manufacturers whopay a recycling fee to the department pursu-ant to ORS 459A.325. [2007 c.302 §2; 2011 c.548 §3]

Note: The amendments to 459A.305 by section 4,chapter 548, Oregon Laws 2011, become operative Janu-ary 1, 2015. See section 11, chapter 548, Oregon Laws2011. The text that is operative on and after January1, 2015, is set forth for the user’s convenience.

459A.305. As used in ORS 459A.305 to 459A.355:(1) “Brand” means a name, symbols, words or

marks that identify a covered electronic device, ratherthan any of its components, and attribute the device tothe owner of the brand as the manufacturer.

(2) “Collector” means an entity that collects cov-ered electronic devices as part of a manufacturer pro-gram or the state contractor program.

(3) “Computer peripheral” means:(a) A keyboard or mouse sold exclusively for ex-

ternal use with a computer as a wireless or corded de-vice that provides input into, or output from, acomputer; or

(b) Cords used with a keyboard or mouse describedin paragraph (a) of this subsection.

(4)(a) “Covered electronic device” means:(A) A computer monitor of any type having a

viewable area greater than four inches measureddiagonally;

(B) A desktop computer or portable computer;(C) A television of any type having a viewable area

greater than four inches measured diagonally;(D) A computer peripheral; or(E) A printer.(b) “Covered electronic device” does not include:

(A) Any part of a motor vehicle;(B) Any part of a larger piece of equipment de-

signed and intended for use in an industrial, commercialor medical setting, such as diagnostic, monitoring orcontrol equipment;

(C) Telephones or personal digital assistants of anytype unless the telephone or personal digital assistantcontains a viewable area greater than four inchesmeasured diagonally; or

(D) Any part of a clothes washer, clothes dryer,refrigerator, freezer, microwave oven, conventional ovenor range, dishwasher, room air conditioner, dehumidifieror air purifier.

(5) “Covered entity” means any Oregon household,a business that employs 10 or fewer individuals, a not-for-profit organization exempt from taxation under sec-tion 501(c)(3) of the Internal Revenue Code that employs10 or fewer individuals, or any person giving seven orfewer covered electronic devices to a collector at anyone time.

(6) “Environmentally sound management practices”means practices that comply with all applicable laws,including but not limited to adequate record keeping,tracking the fate of recycled materials, performance au-dits and inspections, provisions for reuse andrefurbishment, compliance with worker health andsafety requirements, maintaining liability insurance andfinancial assurances and practices that may be adoptedby rule by the Environmental Quality Commission.

(7)(a) “Manufacturer” means any person, irrespec-tive of the selling technique used, including by meansof remote sale:

(A) That manufactures covered electronic devicesunder a brand that it owns or is licensed to use;

(B) That sells covered electronic devices manufac-tured by others under a brand that the seller owns;

(C) That manufactures covered electronic deviceswithout affixing a brand;

(D) That manufactures covered electronic devicesto which it affixes a brand that it does not own; or

(E) On whose account covered electronic devicesmanufactured outside the United States are importedinto the United States. This subparagraph does notapply if, at the time the covered electronic devices areimported into the United States, another person is reg-istered as the manufacturer of the brand of the coveredelectronic devices.

(b) “Manufacturer” does not include a person:(A) With a license to manufacture covered elec-

tronic devices for delivery exclusively to or at the orderof the licenser.

(B) That manufactures only computer peripheralsand no other covered electronic devices.

(8) “Manufacturer program” means a statewideplan for collecting, transporting and recycling coveredelectronic devices that is provided by a single man-ufacturer or group of manufacturers pursuant to ORS459A.320.

(9) “Orphan device” means a covered electronic de-vice for which no manufacturer can be identified.

(10) “Person” means the United States, the state ora public or private corporation, local government unit,public agency, individual, partnership, association, firm,trust, estate or other legal entity.

(11) “Portable computer” means any of the follow-ing that has a viewable area greater than four inchesmeasured diagonally and that can be carried as oneunit by an individual:

(a) A laptop computer;(b) A notebook computer; or(c) A notepad computer.



(12) “Premium service” means services such as at-location system upgrade services and at-home pickupservices, including curbside pickup service.

(13)(a) “Printer” means a device that:(A) Is used to make reproductions, or is multifunc-

tional and performs one or more operations such asscanning or faxing in addition to making reproductions;

(B) Is designed to be placed on a desk or otherwork surface and may include an optional floor stand;and

(C) Uses print technology such as laser,electrographic, ink jet, dot matrix, thermal or digitalsublimation.

(b) “Printer” does not include a device used tomake reproductions that:

(A) Is floor-standing;(B) Is a point of sale receipt printer;(C) Is also a calculator;(D) Can also make labels; or(E) Is embedded in something other than a covered

electronic device.

(14)(a) “Recycling” means:

(A) Processing through disassembling, dismantling,shredding, transforming or remanufacturing coveredelectronic devices, components and by-products into us-able or marketable raw materials or products in amanner such that the original products may lose theiridentity; or

(B) Smelting materials from components removedfrom covered electronic devices to recover metals forreuse in conformance with applicable laws and rules.

(b) “Recycling” does not include:

(A) Landfill disposal or incineration of coveredelectronic devices; or

(B) Energy recovery or energy generation by meansof combusting covered electronic devices, componentsand by-products with or without other waste.

(15) “Recycling credit” means a credit granted toa manufacturer program or a state contractor programfor the collection, transport and recycling of coveredelectronic devices in an amount that exceeds theprogram’s return share by weight for a calendar year.

(16) “Retailer” means a person that offers newcovered electronic devices for sale at retail through anymeans, including but not limited to remote offeringssuch as sales outlets, catalogs or the Internet.

(17) “Return share” means the minimum percentageof covered electronic devices that an individual man-ufacturer is responsible for collecting, transporting andrecycling.

(18) “Return share by weight” means the minimumtotal weight of covered electronic devices that an indi-vidual manufacturer is responsible for collecting, trans-porting and recycling.

(19)(a) “Sell” or “sale” means any transfer of titlefor consideration, including but not limited to remotesales conducted through sales outlets, catalogs or theInternet, or any other similar electronic means.

(b) “Sell” or “sale” does not include leases.

(20) “State contractor program” means a statewideprogram for collecting, transporting and recycling cov-ered electronic devices that is provided by the Depart-ment of Environmental Quality for manufacturers whopay a recycling fee to the department pursuant to ORS459A.325.

Note: See note under 459A.300.

459A.310 Applicability to manufactur-ers; applicability to reused or refurbishedcovered electronic devices; requirementsfor sale of covered electronic devices bymanufacturers. (1) ORS 459A.305 to459A.355 apply to all manufacturers engagingin the activities set forth in ORS 459A.305 (6)before, on or after June 7, 2007.

(2) ORS 459A.305 to 459A.355 do not ap-ply to reused or refurbished covered elec-tronic devices.

(3) A manufacturer may not sell or offerfor sale any covered electronic device in orfor delivery in this state unless:

(a) The covered electronic device is la-beled with a brand and the label is perma-nently affixed and readily visible; and

(b) The brand is included in the plan thatis filed with the Department of Environ-mental Quality pursuant to ORS 459A.320.[2007 c.302 §3]


459A.310. (1) ORS 459A.305 to 459A.355 apply to allmanufacturers engaging in the activities set forth inORS 459A.305 (7) before, on or after June 7, 2007.

(2) ORS 459A.305 to 459A.355 do not apply to reusedor refurbished covered electronic devices.

(3) A manufacturer may not sell or offer for saleany covered electronic device, except for computer pe-ripherals, in or for delivery in this state unless:

(a) The covered electronic device is labeled with abrand and the label is permanently affixed and readilyvisible; and

(b) The brand is included in the plan that is filedwith the Department of Environmental Quality pursuantto ORS 459A.320.


459A.315 Registration by manufac-turer; fees. (1) Before January 1 of eachyear, a manufacturer of covered electronicdevices sold or offered for sale in this stateshall register with the Department of Envi-ronmental Quality, for a period to cover theupcoming calendar year, on a form providedby the department. The registration shall in-clude:

(a) A list of all the brands manufactured,sold or imported by the manufacturer, in-cluding those brands being offered for sale inthis state by the manufacturer.

(b) A statement of whether the manufac-turer will be implementing a manufacturerprogram or utilizing the state contractorprogram for recycling covered electronic de-vices.

(c) Any other information required by thedepartment to implement ORS 459A.305 to459A.355.



(2)(a) Not later than July 1 of each year,a manufacturer of covered electronic devicessold or offered for sale in this state shall payan annual registration fee to the department.

(b) For calendar years 2008 through 2011,the manufacturer registration fee shall be:

(A) $15,000 for manufacturers sellingmore than one percent of the total numberof units of covered electronic devices sold inthis state the previous calendar year.

(B) $5,000 for manufacturers selling atleast 0.1 percent but not more than one per-cent of the total number of units of coveredelectronic devices sold in this state the pre-vious calendar year.

(C) $200 for manufacturers selling atleast 0.01 percent but less than 0.1 percentof the total number of units of covered elec-tronic devices sold in this state the previouscalendar year.

(D) $40 for manufacturers selling lessthan 0.01 percent of the total number ofunits of covered electronic devices sold inthis state the previous calendar year.

(c) For calendar years 2012 and beyond,the Environmental Quality Commission maymodify the registration fees under this sec-tion so that the total of registration feescollected approximately matches thedepartment’s costs in implementing ORS459A.305 to 459A.355, excluding costs in-curred under ORS 459A.340 (4).

(3)(a) If a manufacturer ceases to manu-facture, sell or import covered electronic de-vices and covered electronic devicesmanufactured, sold or imported by the man-ufacturer are collected for recycling under amanufacturer program or the state contrac-tor program, the manufacturer shall registerwith the department and pay a registrationfee of $250.

(b) Any manufacturer described in para-graph (a) of this subsection to which the de-partment provides notification of a returnshare and return share by weight and thathas not previously filed a registration shall,within 30 days of receiving the notification,file a registration with the department andpay to the department a registration fee of$250. [2007 c.302 §4]


459A.320 Manufacturer program plan;state contractor program. (1) A manufac-turer choosing to implement a manufacturerprogram shall submit a plan to the Depart-ment of Environmental Quality at the timeof payment of the annual registration fee re-quired under ORS 459A.315.

(2) The manufacturer’s plan must de-scribe how the manufacturer will:

(a) Finance, manage and conduct a state-wide program to collect covered electronicdevices from covered entities in this state.

(b) Provide for environmentally soundmanagement practices to collect, transportand recycle covered electronic devices.

(c) Provide for advertising and promotionof collection opportunities statewide and ona regular basis.

(d) Include convenient service in everycounty in this state and at least one col-lection site for any city with a population ofat least 10,000. A collection site for a countymay be the same as a collection site for acity in the county. Collection sites shall bestaffed and open to the public at a frequencyadequate to meet the needs of the area beingserved. A program may provide collectionservice jointly with another program.

(3) A manufacturer choosing to imple-ment a manufacturer program shall:

(a) Meet or exceed the requirements forcollection sites described in subsection (2) ofthis section.

(b) Provide for collection, transportationand recycling of covered electronic devicesfor covered entities free of charge, exceptthat a manufacturer that provides premiumservice for a covered entity may charge forthe additional cost of that premium service.

(c) Implement the plan required underthis section.

(d) Conduct a statistically significantsampling or actual count of the coveredelectronic devices collected and recycled bythe manufacturer each calendar year usinga methodology approved by the department.The manufacturer shall report the results ofthe sampling or count to the department, inaccordance with the approved samplingmethodology or as directed by the depart-ment, no later than March 1 of the followingcalendar year. The report must include:

(A) A list of all brands identified duringthe sampling or count by the manufacturer;

(B) The weight of covered electronic de-vices identified for each brand during thesampling or count; and

(C) The total weight of covered electronicdevices, including orphan devices, collectedfrom covered entities in the state by themanufacturer during the previous calendaryear.

(e) By March 1 of each year, provide areport to the department that details how theplan required under this section was imple-mented during the previous calendar year.

(4) A group of manufacturers may chooseto implement a manufacturer program as oneentity, if in doing so the manufacturers meet



the sum of their individual return shares byweight under ORS 459A.340 (3) and that sumis at least five percent.

(5) By July 1 of each year, a manufac-turer that does not meet its return share byweight for the previous calendar year shallpay the department for the amount notachieved at a rate determined by the depart-ment to be equivalent to the amount themanufacturer would have paid, plus 10 per-cent, to be part of the state contractor pro-gram under ORS 459A.340.

(6) A manufacturer participating in thestate contractor program under ORS459A.340 shall notify the department at thetime of its registration each year.

(7) Except as provided in subsection (4)of this section, a manufacturer with lessthan a five percent return share is requiredto participate in the state contractor pro-gram under ORS 459A.340. [2007 c.302 §5; 2007c.302 §6; 2011 c.548 §5]


459A.320. (1) A manufacturer choosing to imple-ment a manufacturer program shall submit a plan to theDepartment of Environmental Quality at the time ofpayment of the annual registration fee required underORS 459A.315.

(2) The manufacturer’s plan must describe how themanufacturer will:

(a) Finance, manage and conduct a statewide pro-gram to collect covered electronic devices from coveredentities in this state.

(b) Provide for environmentally sound managementpractices to collect, transport and recycle covered elec-tronic devices.

(c) Provide for advertising and promotion of col-lection opportunities statewide and on a regular basis.

(d) Include convenient service in every county inthis state and at least one collection site for any citywith a population of at least 10,000. A collection site fora county may be the same as a collection site for a cityin the county. Collection sites shall be staffed and opento the public at a frequency adequate to meet the needsof the area being served. A program may provide col-lection service jointly with another program.

(3) A manufacturer choosing to implement a man-ufacturer program shall:

(a) Meet or exceed the requirements for collectionsites described in subsection (2) of this section.

(b) Provide for collection, transportation and recy-cling of covered electronic devices for covered entitiesfree of charge, except that a manufacturer that providespremium service for a covered entity may charge for theadditional cost of that premium service.

(c) Implement the plan required under this section.(d) Conduct a statistically significant sampling or

actual count of the covered electronic devices, exceptfor computer peripherals, collected and recycled by themanufacturer each calendar year using a methodologyapproved by the department. The manufacturer shallreport the results of the sampling or count to the de-partment, in accordance with the approved samplingmethodology or as directed by the department, no later

than March 1 of the following calendar year. The reportmust include:

(A) A list of all brands identified during the sam-pling or count by the manufacturer;

(B) The weight of covered electronic devices iden-tified for each brand during the sampling or count; and

(C) The total weight of covered electronic devices,including orphan devices and computer peripherals,collected from covered entities in the state by the man-ufacturer during the previous calendar year.

(e) By March 1 of each year, provide a report tothe department that details how the plan required underthis section was implemented during the previous cal-endar year.

(4) A group of manufacturers may choose to im-plement a manufacturer program as one entity, if indoing so the manufacturers meet the sum of their indi-vidual return shares by weight under ORS 459A.340 (3)and that sum is at least five percent.

(5) By July 1 of each year, a manufacturer thatdoes not meet its return share by weight for the previ-ous calendar year shall pay the department for theamount not achieved at a rate determined by the de-partment to be equivalent to the amount the manufac-turer would have paid, plus 10 percent, to be part of thestate contractor program under ORS 459A.340.

(6) A manufacturer participating in the state con-tractor program under ORS 459A.340 shall notify thedepartment at the time of its registration each year.

(7) Except as provided in subsection (4) of thissection, a manufacturer with less than a five percentreturn share is required to participate in the state con-tractor program under ORS 459A.340.


459A.322 Recycling credits; reporting;rules. (1) A manufacturer program or a statecontractor program that collects, transportsand recycles covered electronic devices in anamount that exceeds the program’s returnshare by weight for a calendar year mayclaim recycling credits for use in succeedingcalendar years as follows:

(a) A program may claim one recyclingcredit for each pound of covered electronicdevices collected, transported and recycled inexcess of the program’s return share byweight for a calendar year;

(b) A program may retain all or part ofits recycling credits or may sell any portionof its recycling credits to another programat a price negotiated by the parties;

(c) A manufacturer program may use re-cycling credits earned or purchased to meetup to 15 percent of its return share byweight during any calendar year. One recy-cling credit may be used to meet one poundof return share by weight; and

(d) By rule, the Environmental QualityCommission may change the percentage ofthe return share by weight specified in para-graph (c) of this subsection.

(2) A manufacturer program must includethe following information on recycling cred-its in its annual report to the Department ofEnvironmental Quality required by ORS459A.320 (3)(e):



(a) The number of recycling credits themanufacturer program possessed at the be-ginning of the previous calendar year.

(b) The total number of recycling creditsthe manufacturer program purchased andsold during the previous calendar year, thenames of the programs from which recyclingcredits were purchased or to which recyclingcredits were sold and the number of recycl-ing credits purchased from or sold to eachprogram.

(c) The number of recycling credits themanufacturer program used to meet its re-turn share by weight for the previous calen-dar year.

(d) The number of recycling credits themanufacturer program is claiming from theprevious calendar year. This number is thedifference between the total weight of cov-ered electronic devices that the manufac-turer program collected, transported andrecycled during the previous calendar yearand the program’s return share by weight forthe previous calendar year. [2011 c.548 §2]


459A.325 Recycling fee for manufac-turer participating in state contractorprogram. By September 1 of each year, amanufacturer that participates in the statecontractor program shall pay a recycling feeto the Department of Environmental Qualityin an amount determined by the departmentunder ORS 459A.340 (6) to cover the costs ofcollecting, transporting and recycling themanufacturer’s annual return share of cov-ered electronic devices for the followingyear. [2007 c.302 §7]


459A.330 Prohibition against chargingfee for collection, transportation or recy-cling of covered electronic devices; ex-ception. (1) Except as authorized insubsection (2) of this section, a manufacturerprogram, the state contractor program or acollector participating in a manufacturerprogram or the state contractor program maynot charge a fee to covered entities for thecollection, transportation or recycling ofcovered electronic devices.

(2) A collector that provides a premiumservice to a covered entity may charge forthe additional cost of providing the premiumservice. [2007 c.302 §8]


459A.335 Requirements for sale ofcovered electronic devices by retailers;retailer’s duty to consumers regardinginformation about recycling coveredelectronic devices. (1) A retailer may notsell or offer for sale any covered electronicdevice in or for delivery into this state un-less:

(a) The covered electronic device is la-beled with a brand and the label is perma-nently affixed and readily visible;

(b) The brand is included on the listposted by the Department of EnvironmentalQuality pursuant to ORS 459A.340 (1); and

(c) The list posted by the departmentpursuant to ORS 459A.340 (1) specifies thatthe manufacturer is in compliance with therequirements of ORS 459A.305 to 459A.355.

(2) A retailer shall provide to a consumerat the time of the sale of a covered elec-tronic device information from thedepartment’s website that provides detailsabout where and how a consumer can recy-cle covered electronic devices in Oregon. Theinformation shall be provided in printed formfor in-store sales and in printable form forInternet sales and other sales where theInternet is involved. [2007 c.302 §9]


459A.335. (1) A retailer may not sell or offer forsale any covered electronic device, except for computerperipherals, in or for delivery into this state unless:

(a) The covered electronic device is labeled with abrand and the label is permanently affixed and readilyvisible;

(b) The brand is included on the list posted by theDepartment of Environmental Quality pursuant to ORS459A.340 (1); and

(c) The list posted by the department pursuant toORS 459A.340 (1) specifies that the manufacturer is incompliance with the requirements of ORS 459A.305 to459A.355.

(2) A retailer shall provide to a consumer at thetime of the sale of a covered electronic device informa-tion from the department’s website that provides detailsabout where and how a consumer can recycle coveredelectronic devices in Oregon. The information shall beprovided in printed form for in-store sales and inprintable form for Internet sales and other sales wherethe Internet is involved.


459A.340 Duties of department; sur-charge. The Department of EnvironmentalQuality shall:

(1) Maintain and make available on itswebsite the following lists, which must beupdated by the first day of each month:

(a) A list of registered manufacturers andtheir brands;

(b) A list of brands for which no man-ufacturer has registered; and

(c) A list that identifies which manufac-turers are in compliance with ORS 459A.305to 459A.355.

(2) Review and approve manufacturerplans that comply with ORS 459A.320 andare submitted annually by manufacturerschoosing to implement a manufacturer pro-



gram for recycling covered electronic de-vices.

(3)(a) Determine the return share and re-turn share by weight for each calendar yearfor each manufacturer. The return shareshall be determined by dividing the totalweight of covered electronic devices of thatmanufacturer’s brands by the total weight ofcovered electronic devices for allmanufacturers’ brands. The return share byweight shall be determined by multiplyingthe return share for each such manufacturerby the total weight in pounds of coveredelectronic devices, including orphan devices,collected from covered entities the previouscalendar year.

(b) For each manufacturer except thosespecified in paragraph (c) of this subsection,determine the return share and return shareby weight for calendar years through 2011based on the best available public returnshare data and public weight data fromwithin the United States for covered elec-tronic devices from covered entities. Forsubsequent years, the return share of cov-ered electronic devices for each manufac-turer shall be based on the most recentannual sampling or count of covered elec-tronic devices. For subsequent years, thetotal weight in pounds of covered electronicdevices shall be based on the total weight ofcovered electronic devices, including orphandevices, determined by the department.

(c) For each manufacturer whose manu-facture of covered electronic devices as de-fined in ORS 459A.305 (3)(a)(C) exceeds itsmanufacture of covered electronic devices asdefined in ORS 459A.305 (3)(a)(A) and (B),determine the return share and return shareby weight based on the total return shareand return share by weight determined underparagraph (a) of this subsection for all man-ufacturers described in this paragraph, allo-cated according to each manufacturer’spercentage of the total number of coveredelectronic devices described in ORS 459A.305(3)(a)(C) sold in this state the previous cal-endar year. The department:

(A) May use national market data, retailand manufacturer data, consumer researchand other data to determine the percentagesdescribed in this paragraph. The departmentmay also require that manufacturers submitsales or other data regarding the number ofthe manufacturer’s covered electronic de-vices sold in Oregon. Manufacturers mustsubmit any data required by the departmentin the format requested by the department.

(B) May assess a surcharge to the annualregistration fee for manufacturers describedin this paragraph if the department deter-mines that the surcharge is necessary tocover any additional costs to the department

in making the determinations described inthis paragraph. The department must allo-cate any assessed surcharge to the manufac-turer as a percentage of the manufacturer’sreturn share determined pursuant to thisparagraph.

(d) By May 1 of each year, provide toeach manufacturer that had a return sharedetermined under this section its returnshare and its return share by weight for thefollowing year.

(4) Establish a state contractor programfor the collection, transportation and recycl-ing of covered electronic devices from cov-ered entities in this state. The statecontractor program shall:

(a) To the extent practicable, use existinglocal collection, transportation and recyclinginfrastructure;

(b) Utilize environmentally sound man-agement practices to collect, transport andrecycle covered electronic devices;

(c) Provide for covered entities, free ofcharge, convenient and available collectionservices and sites for covered electronic de-vices in both rural and urban areas;

(d) Advertise and promote collection op-portunities statewide and on a regular basis;and

(e) Conduct a statistically significantsampling or actual count of the coveredelectronic devices collected and recycled bythe state contractor program during eachcalendar year using a methodology approvedby the department and prepare a report nolater than March 1 of the following calendaryear that includes:

(A) A list of all brands identified duringthe sampling or count;

(B) The weight of covered electronic de-vices identified for each brand during thesampling or count; and

(C) The total weight of covered electronicdevices, including orphan devices, collectedfrom covered entities in the state by thestate contractor program during the previouscalendar year.

(5) Determine a manufacturer’s annualregistration fee for purposes of ORS 459A.315(2) using national market data prorated forOregon based on statewide population.

(6) Determine the recycling fee to be paidunder ORS 459A.325 by each manufacturerthat participates in the state contractor pro-gram established pursuant to subsection (4)of this section. The department shall deter-mine the recycling fees based on themanufacturer’s annual return share and re-turn share by weight as determined undersubsection (3) of this section.



(7) Maintain on its website informationon collection opportunities for covered elec-tronic devices, including collection site lo-cations and hours. The information must bemade available in a printable format forretailers.

(8) Report biennially to the LegislativeAssembly on the operation of the statewidesystem for collection, transportation and re-cycling of covered electronic devices. [2007c.302 §10; 2010 c.38 §1]


459A.340. The Department of Environmental Qual-ity shall:

(1) Maintain and make available on its website thefollowing lists, which must be updated by the first dayof each month:

(a) A list of registered manufacturers and theirbrands;

(b) A list of brands for which no manufacturer hasregistered; and

(c) A list that identifies which manufacturers arein compliance with ORS 459A.305 to 459A.355.

(2) Review and approve manufacturer plans thatcomply with ORS 459A.320 and are submitted annuallyby manufacturers choosing to implement a manufacturerprogram for recycling covered electronic devices.

(3)(a) Determine the return share and return shareby weight for each calendar year for each manufacturer.The return share shall be determined by dividing thetotal weight of covered electronic devices of thatmanufacturer’s brands by the total weight of coveredelectronic devices for all manufacturers’ brands. Thereturn share by weight shall be determined by multi-plying the return share for each such manufacturer bythe total weight in pounds of covered electronic devices,including orphan devices and computer peripherals, asdetermined by the department.

(b) For each manufacturer except those specified inparagraph (c) of this subsection, determine the returnshare and return share by weight for calendar yearsthrough 2011 based on the best available public returnshare data and public weight data from within theUnited States for covered electronic devices from cov-ered entities. For subsequent years, the return share ofcovered electronic devices for each manufacturer shallbe based on the most recent annual sampling or countof covered electronic devices. For subsequent years, thetotal weight in pounds of covered electronic devicesshall be based on the total weight of covered electronicdevices, including orphan devices and computer periph-erals, as determined by the department.

(c) For each manufacturer whose manufacture ofcovered electronic devices as defined in ORS 459A.305(4)(a)(C) exceeds its manufacture of covered electronicdevices as defined in ORS 459A.305 (4)(a)(A) and (B),determine the return share and return share by weightbased on the total return share and return share byweight determined under paragraph (a) of this subsec-tion for all manufacturers described in this paragraph,allocated according to each manufacturer’s percentageof the total number of covered electronic devices de-scribed in ORS 459A.305 (4)(a)(C) sold in this state theprevious calendar year. The department:

(A) May use national market data, retail and man-ufacturer data, consumer research and other data to

determine the percentages described in this paragraph.The department may also require that manufacturerssubmit sales or other data regarding the number of themanufacturer’s covered electronic devices sold in Ore-gon. Manufacturers must submit any data required bythe department in the format requested by the depart-ment.

(B) May assess a surcharge to the annual registra-tion fee for manufacturers described in this paragraphif the department determines that the surcharge is nec-essary to cover any additional costs to the departmentin making the determinations described in this para-graph. The department must allocate any assessed sur-charge to the manufacturer as a percentage of themanufacturer’s return share determined pursuant to thisparagraph.

(d) By May 1 of each year, provide to each man-ufacturer that had a return share determined under thissection its return share and its return share by weightfor the following year.

(4) Establish a state contractor program for thecollection, transportation and recycling of covered elec-tronic devices from covered entities in this state. Thestate contractor program shall:

(a) To the extent practicable, use existing localcollection, transportation and recycling infrastructure;

(b) Utilize environmentally sound managementpractices to collect, transport and recycle covered elec-tronic devices;

(c) Provide for covered entities, free of charge,convenient and available collection services and sitesfor covered electronic devices in both rural and urbanareas;

(d) Advertise and promote collection opportunitiesstatewide and on a regular basis; and

(e) Conduct a statistically significant sampling oractual count of the covered electronic devices, exceptfor computer peripherals, collected and recycled by thestate contractor program during each calendar year us-ing a methodology approved by the department andprepare a report no later than March 1 of the followingcalendar year that includes:

(A) A list of all brands identified during the sam-pling or count;

(B) The weight of covered electronic devices iden-tified for each brand during the sampling or count; and

(C) The total weight of covered electronic devices,including orphan devices and computer peripherals,collected from covered entities in the state by the statecontractor program during the previous calendar year.

(5) Determine a manufacturer’s annual registrationfee for purposes of ORS 459A.315 (2) using nationalmarket data prorated for Oregon based on statewidepopulation.

(6) Determine the recycling fee to be paid underORS 459A.325 by each manufacturer that participates inthe state contractor program established pursuant tosubsection (4) of this section. The department shall de-termine the recycling fees based on the manufacturer’sannual return share and return share by weight as de-termined under subsection (3) of this section.

(7) Maintain on its website information on col-lection opportunities for covered electronic devices, in-cluding collection site locations and hours. Theinformation must be made available in a printable for-mat for retailers.

(8) Report biennially to the Legislative Assemblyon the operation of the statewide system for collection,transportation and recycling of covered electronic de-vices.




459A.345 Rules. The EnvironmentalQuality Commission may adopt rules as nec-essary to implement ORS 459A.305 to459A.355. [2007 c.302 §11]


459A.350 Disposition of fees. Fees col-lected by the Department of EnvironmentalQuality under ORS 459A.305 to 459A.355shall be deposited in the State Treasury tothe credit of the Covered Electronic DevicesAccount established under ORS 459A.355.[2007 c.302 §12]


459A.355 Covered Electronic DevicesAccount; interest; uses. The Covered Elec-tronic Devices Account is established sepa-rate and distinct from the General Fund.Interest earned by the account shall becredited to the account. Moneys in the ac-count are continuously appropriated to theDepartment of Environmental Quality andmay be used only to pay the costs of imple-menting ORS 459A.305 to 459A.355 and en-forcing the prohibition in ORS 459.247relating to disposal of covered electronic de-vices. [2007 c.302 §13]


459A.360 Evaluation by department ofcertain federal laws. (1) The Department ofEnvironmental Quality shall evaluate anyfederal law that establishes a national pro-gram for the collection and recycling ofelectronic devices.

(2) If the department determines that thefederal law substantially meets or exceedsthe requirements and intent of ORS 459A.305to 459A.355, the department shall include in-formation on the federal law in the next bi-ennial report to the Legislative Assemblypursuant to ORS 459A.340. [2007 c.302 §14]


459A.365 City and county regulationof collection of solid waste. ORS 459A.305to 459A.355 do not supersede any authorityunder ORS chapter 459 or 459A for cities andcounties to regulate the collection of solidwaste. [2007 c.302 §14a]


(State Agencies)459A.475 Legislative findings; policy.

The Legislative Assembly finds and declaresthat:

(1) It is the policy of the State of Oregonto conserve and protect its resources. Themaintenance of a quality environment for thepeople of this state now and in the future isa matter of statewide concern.

(2) The volume of solid waste generatedwithin the state, an increased rate in the

consumption of products and materials, in-cluding paper products, and the absence ofadequate programs and procedures for thereuse and recycling of these products andmaterials threaten the quality of the envi-ronment and well-being of the people of Ore-gon. [2003 c.794 §188]


459A.480 State agency recycling pro-gram; requirements; training. (1) For thecurrent state waste paper collection program,the Oregon Department of AdministrativeServices, in consultation with the Depart-ment of Environmental Quality, shall provideparticipating locations with public awarenessinformation and training to state and legis-lative employees, including but not limited tothe proper separation and disposal of recy-cled resources. Additionally, the Oregon De-partment of Administrative Services, inconsultation with the Department of Envi-ronmental Quality, shall provide training forpersonnel, including but not limited to statebuildings and grounds personnel responsiblefor the collection of waste materials. Thistraining shall include but is not limited toeducating and training the personnel con-cerning the separation and collection of re-cyclable materials.

(2) The Oregon Department of Adminis-trative Services shall continue the currentstate waste paper collection program for em-ployees of state government, as defined inORS 174.111. This program shall include re-cycling opportunities for office paper, corru-gated cardboard, newsprint, beveragecontainers as defined in ORS 459A.700, con-tainer glass, mixed waste paper, plastic bot-tles, waste oil, clay-coated materials,batteries, toner and printer cartridges andany other material at the discretion of theDirector of the Oregon Department of Ad-ministrative Services, in consultation withthe Department of Environmental Quality.

(3) The Oregon Department of Adminis-trative Services may contract as necessaryfor the recycling of products returned undersubsections (1) and (2) of this section. [2003c.794 §189]


459A.485 System and procedures forseparation and collection of solid waste;rules; exemption. (1) Notwithstanding ORS183.335 (5), the Oregon Department of Ad-ministrative Services shall adopt rules pur-suant to ORS chapter 183 that:

(a) Establish procedures for the sepa-ration of solid waste generated by stateagencies that can be recycled or reused.



(b) Establish a system for the collectionof solid waste generated by state agenciesthat can be recycled or reused. The systemshall ensure that the material is made avail-able to appropriate agencies or private in-dustries for reuse or recycling at the greatesteconomic value and to the greatest extentfeasible for recycling.

(2) All state agencies shall comply withthe procedures and systems established undersubsection (1) of this section.

(3) The Governor may exempt any singleactivity or facility of any state agency fromcompliance under this section if the Gover-nor determines it to be in the paramount in-terest of the state. Any exemption shall befor a period not in excess of one year, butadditional exemptions may be granted forperiods not to exceed one year. The Governorshall make public all exemptions togetherwith the reasons for granting such ex-emptions. [2003 c.794 §190]


459A.490 Paper conservation. (1) TheOregon Department of Administrative Ser-vices shall encourage paper conservation.

(2) The department shall provide guide-lines to state agencies and contractors onthe availability of recycled paper and paperproducts, including the sources of supply andthe potential uses of various grades of recy-cled paper.

(3) The department shall review the totalpaper purchases and utilization of each stateagency.

(4) The department shall, in conjunctionwith the administrative heads of state agen-cies, develop procedures to eliminate exces-sive or unnecessary paper use, including butnot limited to overpurchase of paper, over-printing of materials, purchase of too high agrade of paper, purchase of paper that is notrecyclable and purchase of virgin paper whenrecycled paper is available in the same grade.[2003 c.794 §191]


(Newsprint and Directories)459A.500 Definitions for ORS 459A.500

to 459A.520. As used in ORS 459A.500 to459A.520:

(1) “Consumer of newsprint” means aperson who uses newsprint in a commercialor government printing or publishing opera-tion.

(2) “Newsprint” means paper that meetsthe specifications for Standard NewsprintPaper and Roto Newsprint Paper as set forthin the current edition of the HarmonizedTariff Schedule of the United States for suchproducts.

(3) “Post-consumer waste” means a mate-rial that would normally be disposed of as asolid waste, having completed its life cycleas a consumer or manufacturing item.

(4) “Recycled-content newsprint” meansnewsprint that includes post-consumer wastepaper. [1991 c.385 §26; 1993 c.560 §90]

459A.505 Minimum recycled contentfor newsprint. Every consumer of newsprintin Oregon shall ensure that at least 7.5 per-cent of the annual aggregate fiber content ofall newsprint used by the consumer ofnewsprint is composed of post-consumerwaste paper, if:

(1) Recycled-content newsprint is avail-able at the same or lower weighted net pricecompared to that of newsprint made fromvirgin material;

(2) The average mechanical and opticalproperties of recycled-content newsprint fromany individual mill measured quarterly meetsor exceeds the average mechanical and op-tical properties of all newsprint produced inthe northwest as reported in the most cur-rent quarterly American Newspaper Pub-lisher Association Newsprint QualityProgram Special Report; and

(3) The recycled-content newsprint isavailable within the same period of time asvirgin material. [1991 c.385 §27; 2005 c.22 §335]

459A.510 Report to consumer ofamount of post-consumer waste in ship-ment. Each person who supplies a consumerof newsprint with newsprint shall reportwith each supply the amounts of post-consumer waste contained in each shipmentto each consumer of newsprint. If a shipmentcontains no post-consumer waste paper, thesupplier shall so report. [1991 c.385 §28]

459A.515 Annual report to depart-ment; content. No later than February 28each year, each consumer of newsprint shallreport to the Department of EnvironmentalQuality the following information for theprevious calendar year:

(1) The amount of newsprint used inshort tons;

(2) The amount of recycled-contentnewsprint used in short tons; and

(3) The aggregate recycled content of thenewsprint used as a percent. [1991 c.385 §29; 1993c.560 §91; 2003 c.14 §292]

459A.520 Minimum recycled contentfor directories. (1) Every directory pub-lisher shall ensure that directories distrib-uted in Oregon:

(a) Have a minimum recycled content ofat least 25 percent by weight, with no lessthan 15 percent of the total weight consist-ing of post-consumer waste, if:



(A) The recycled-content paper is avail-able on the market; and

(B) The recycled-content paper is of thesame quality as paper made from virgin ma-terial;

(b) Use bindings that do not impede re-cycling; and

(c) Use inks that do not impede recycl-ing.

(2) For each local jurisdiction where di-rectories are distributed, directory publisherswill cooperate with local government agen-cies to ensure that recycling opportunitiesexist for directories at the time the directo-ries are distributed provided markets existfor the directories.

(3) The Department of EnvironmentalQuality shall develop a report format andsurvey directory publishers in Oregon on anannual basis to determine whether the pub-lishers are meeting the requirements undersubsections (1) and (2) of this section.

(4) As used in this section, “directory”means a telephone directory that weighs onepound or more for a local jurisdiction in Or-egon distributed in this state. [1991 c.385 §33;2005 c.22 §336]

(Glass)459A.550 Report on use of new and

recycled glass; minimum percentage ofrecycled glass required. (1) On or beforeFebruary 28 each year, every glass containermanufacturer shall report to the Departmentof Environmental Quality, in accordancewith a method established by the department,the total amount, in tons, of new glass food,drink and beverage containers made in Ore-gon or sold to packagers located in Oregonby the glass container manufacturer duringthe previous calendar year, and the tons ofrecycled glass used in manufacturing thenew containers. A glass container manufac-turer located more than 750 miles from theborders of this state shall report to the de-partment only for those years in which theglass container manufacturer sells more than1,000 tons of new glass containers topackagers located in Oregon.

(2) For glass containers manufactured inOregon or within 750 miles of the borders ofthis state, each glass container manufacturershall use the following minimum percentagesof recycled glass in manufacturing glass food,drink or beverage containers:

(a) Thirty-five percent on and after Janu-ary 1, 1995.

(b) Fifty percent on and after January 2,2008.

(3) Upon request from a glass containermanufacturer, the department shall not en-

force the requirement that a minimum per-centage of recycled glass be used in themanufacturing of glass food, drink or bever-age containers under subsection (2) of thissection if the department determines that aglass container manufacturer cannot meetthe minimum percentage requirements be-cause of a lack of available glass cullet thatmeets reasonable specifications establishedby the manufacturer.

(4) A manufacturer requesting an ex-emption from the recycled glass content re-quirements under this section shall informthe department of the steps the manufacturerplans to take in order to come into compli-ance with the recycled content requirements.The department shall grant exemptions for aperiod of no more than three years. An ex-emption may be renewed upon a reasonableshowing by the applicant. The departmentmay recover all costs involved in consideringand acting upon exemption requests.

(5) On or after January 2, 2008, in deter-mining whether a glass container manufac-turer has met the 50 percent minimumpercentage requirement, the department shallcredit toward the requirement the combinedamount of recycled glass generated in Ore-gon for secondary end uses. If the combinedamount meets the 50 percent minimum per-centage requirement, the department shallnot initiate enforcement action.

(6) The department shall not enforce theprovisions of subsection (2)(b) of this sectionuntil January 2, 2008.

(7) As used in this section, “glass con-tainer manufacturer” means a person thatmanufactures new glass containers in Ore-gon or that, during the calendar year pre-ceding the reporting period established undersubsection (1) of this section, manufacturednew glass containers outside Oregon thatwere sold by the manufacturer to packagerslocated in Oregon. [1991 c.385 §34; 1993 c.560 §92;1997 c.537 §1; 1999 c.976 §1; 2003 c.671 §1]

(Used Oil Recycling)459A.552 Recycling and recovery of

used oil; goal. It is the goal of the State ofOregon that the amount of recycling and re-covery of used oil from households in Oregonshall be at least 70 percent. [1993 c.527 §2; 2005c.22 §337]


459A.554 Reduction, reuse and recov-ery of used oil. After consideration of tech-nical and economic feasibility, theDepartment of Environmental Quality and all



persons in Oregon shall encourage the man-agement of used oil in Oregon as follows:

(1) First, to reduce the amount of usedoil generated;

(2) Second, to reuse oil by rerefining theoil; and

(3) Third, to recover energy from theused oil and use the oil for other secondaryuses. [1993 c.527 §3]


459A.555 Definitions for ORS 459A.552to 459A.599. As used in ORS 459A.552 to459A.599 unless the context requires other-wise:

(1) “Commission” means the Environ-mental Quality Commission.

(2) “Department” means the Departmentof Environmental Quality.

(3) “Recycle” means to prepare used oilfor reuse as a petroleum product by refining,rerefining, reclaiming, reprocessing or othermeans or to use used oil in a manner thatsubstitutes for a petroleum product madefrom new oil, provided that the preparationor use is operationally safe, environmentallysound and complies with all laws and regu-lations.

(4) “Person” means any individual, pri-vate or public corporation, partnership, co-operative association, estate, municipality,political or jurisdictional subdivision or gov-ernmental agency or instrumentality.

(5) “Used oil” means a petroleum-basedoil which through use, storage or handlinghas become unsuitable for its original pur-pose due to the presence of impurities or lossof original properties. [Formerly 468.850]


459A.560 Legislative findings. The Leg-islative Assembly finds that:

(1) Millions of gallons of used oil aregenerated each year in the state;

(2) Used oil is a valuable petroleum re-source which can be recycled; and

(3) In spite of this potential for recycling,significant quantities of used oil arewastefully disposed of or improperly used bymeans which pollute the waters, land and airand endanger the public health and welfare.[Formerly 468.853]


459A.565 Used oil to be collected andrecycled. The Legislative Assembly declaresthat used oil shall be collected and recycledto the maximum extent possible, by meanswhich are economically feasible and environ-mentally sound, in order to conserveirreplaceable petroleum resources, preserveand enhance the quality of natural and hu-

man environments, and protect public healthand welfare. [Formerly 468.856]


459A.570 Used oil information center;public education. The Department of Envi-ronmental Quality shall conduct a public ed-ucation program to inform the public of theneeds for and benefits of collecting and re-cycling used oil in order to conserve re-sources and preserve the environment. Aspart of this program, the department shall:

(1) Establish, maintain and publicize aused oil information center that will explainlocal, state and federal laws and regulationsgoverning used oil and will inform holdersof quantities of used oil on how and whereused oil may be properly disposed of; and

(2) Encourage the establishment of vol-untary used oil collection and recycling pro-grams and provide technical assistance topersons organizing such programs. [Formerly468.859]


459A.575 Oil recycling information tobe posted; rules. The Environmental Qual-ity Commission shall adopt rules, in accor-dance with the provisions of ORS 468.020,requiring sellers of more than 500 gallons oflubrication or other oil annually, in contain-ers for use off the premises, to post andmaintain at or near the point of sale durableand legible signs, unless otherwise prohibitedby law, informing the public of the impor-tance of proper collection and disposal ofused oil, and how and where used oil may beproperly disposed of, including locations andhours of operation of conveniently locatedcollection facilities. [Formerly 468.862]


459A.580 Prohibited disposal of usedoil. Unless permitted pursuant to ORS468B.050, no person shall dispose of used oilby discharge into sewers, drainage systemsor the waters of this state as defined by ORS468B.005, or by incineration other than forenergy generating purposes. [Formerly 468.865;2003 c.469 §3]


459A.585 Enforcement powers of com-mission. The Environmental Quality Com-mission shall have the power to enforcecompliance with or restrain violation of ORS459A.580 or any rule adopted under ORS459A.575 in the same manner provided forenforcement proceedings under ORS chapters468, 468A and 468B. [Formerly 468.868]


459A.590 Use, management, disposaland resource recovery; rules. The Envi-ronmental Quality Commission shall adoptrules and issue orders relating to the use,management, disposal of and resource recov-



ery from used oil. The rules shall include butneed not be limited to performance standardsand other requirements necessary to protectthe public health, safety and environment,and a provision prohibiting the use of un-tested used oil for dust suppression. Thecommission shall insure that the rules do notdiscourage the recovery or recycling of usedoil in a manner that is consistent with theprotection of human health, safety and theenvironment. [Formerly 468.869]


459A.595 Use for dust suppression oras herbicide. Except to the extent that a useof used oil is prohibited or regulated by fed-eral law, the rules adopted under ORS459A.590 shall not prohibit or regulate theuse of used oil for dust suppression or as anherbicide if the used oil is generated by abusiness or industry and does not containpolychlorinated biphenyls, or contain orshow a characteristic of hazardous waste asdefined in ORS 466.005 or is generated by ahousehold and is:

(1) Used on property owned by the gen-erator; or

(2) Generated and used on propertyleased by the generator or used on propertyimmediately adjacent to property owned orleased by the generator with the written ap-proval of the property owner on whose prop-erty the oil is to be applied. [Formerly 468.870]


459A.599 Short title. ORS 459A.552 to459A.585 may be cited as the “Used Oil Re-cycling Act.” [Formerly 468.871]


(Compost)459A.600 “Compost” defined. As used

in ORS 459A.605 to 459A.620, “compost”means the product resulting from the con-trolled biological decomposition of organicwastes that are source separated from themunicipal solid waste stream. [1991 c.385 §19]

459A.605 Rules for purchase ofcompost and sewage sludge by state. Inconsultation with the Department of Envi-ronmental Quality and affected state and lo-cal agencies, the Oregon Department ofAdministrative Services shall adopt rules forthe purchase by the State of Oregon ofcompost and sewage sludge. The rules shalldesignate the state minimum purchasingstandards. The rules shall encourage the useof compost and sludge without jeopardizingthe safety and health of the citizens of thestate or the environment. [1991 c.385 §21]

459A.610 [1991 c.385 §22; repealed by 1993 c.560 §107]

459A.615 Programs to use compostand sewage sludge. The State Forestry De-partment, the State Parks and RecreationDepartment, the Department of Transporta-tion and the Oregon Department of Adminis-trative Services shall initiate programs thatuse compost or sewage sludge in place of, orto supplement, soil amendments, groundcover materials, mulching materials or othersimilar products for which compost can beused as an effective substitute. [1991 c.385 §23;1993 c.560 §93]

459A.620 Use of compost or sewagesludge by state agencies given priority.Any state agency that prepares a request forbid for soil amendments, ground cover mate-rials, mulching materials or other similarproducts shall first determine that compostor sewage sludge is not available in adequatequantities, cannot practically be used for theintended applications, would jeopardize theintended project results or would be used incombination with a fertilizer or other similarproduct. [1991 c.385 §25; 2005 c.22 §338]

(Mercury)459A.630 Motor vehicle mercury light

switches. The Department of EnvironmentalQuality shall coordinate with and encourageentities such as associations representingmotor vehicle repair shops to offer to thepublic the replacement and recycling of mo-tor vehicle mercury light switches. The de-partment shall make available to the publicinformation concerning services to replaceand recycle motor vehicle mercury lightswitches. [2001 c.924 §10]

Note: 459A.630 was enacted into law by the Legis-lative Assembly but was not added to or made a partof ORS chapter 459A or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

(Plastics)459A.650 Definitions for ORS 459A.650

to 459A.665. As used in ORS 459A.650 to459A.665:

(1) “Package” means any container usedto protect, store, contain, transport, displayor sell products.

(2) “Package manufacturer” means theproducer or generator of a rigid plastic con-tainer for a packaged product that is sold oroffered for sale in Oregon.

(3) “Product-associated package” meansa brand-specific rigid plastic container line,which may have one or more sizes, shapesor designs and which is used in conjunctionwith a particular, generic product line.

(4) “Product manufacturer” means theproducer or generator of a packaged product



that is sold or offered for sale in Oregon ina rigid plastic container.

(5) “Recycled content” means the portionof a package’s weight that is composed ofrecycled material, as determined by a mate-rial balance approach that calculates totalrecycled material input as a percentage oftotal material input in the manufacture ofthe package.

(6) “Recycled material” means a materialthat would otherwise be destined for solidwaste disposal, having completed its intendedend use or product life cycle. Recycled mate-rial does not include materials and by-products generated from, and commonlyreused within, an original manufacturing andfabrication process.

(7) “Rigid plastic container” means anypackage composed predominantly of plasticresin which has a relatively inflexible finiteshape or form with a minimum capacity ofeight ounces and a maximum capacity of fivegallons, and that is capable of maintainingits shape while holding other products. [1991c.385 §34a; 1993 c.560 §96; 1993 c.568 §1]

459A.655 Minimum reuse, recycledmaterial or recycled content for rigidplastic containers. (1) Except as provided inORS 459A.660 (5), any rigid plastic containersold, offered for sale or used in associationwith the sale or offer for sale of products inOregon shall:

(a) Contain 25 percent recycled contentby January 1, 1995;

(b) Be made of plastic that is being recy-cled in Oregon at a rate of 25 percent byJanuary 1, 1995; or

(c) Be a package that is used five or moretimes for the same or substantially similaruse.

(2) A rigid plastic container shall meetthe requirements in subsection (1)(b) of thissection if the container meets one of the fol-lowing criteria:

(a) It is a rigid plastic container and rigidplastic containers, in the aggregate, are be-ing recycled in the state at a rate of 25 per-cent by January 1, 1995;

(b) It is a specified type of rigid plasticcontainer and that type of rigid plastic con-tainer, in the aggregate, is being recycled inthe state at a rate of 25 percent by January1, 1995; or

(c) It is a particular product-associatedpackage and that type of package, in the ag-gregate, is being recycled in the state at arate of 25 percent by January 1, 1995. [1991c.385 §34b; 1993 c.560 §97; 1993 c.568 §2]

459A.657 Recycling rate; hearings ondecreased rate. (1) The Department of En-vironmental Quality shall determine a recy-cling rate under ORS 459A.655 for rigidplastic containers in the aggregate on or be-fore December 31, 1995, and thereafter, inaccordance with the standards and proce-dures used to calculate such rate for calen-dar year 1996, as determined necessary bythe department. If for any year thereafter,the department determines that the aggre-gate rate is less than 25 percent, the depart-ment also shall determine whether therecycling rate for compliance for rigid plasticcontainers made from the major resin typesis 25 percent or more.

(2) If the recycling rate for rigid plasticcontainers in the aggregate determined bythe department for compliance purposes isless than 25 percent for 1996 or any subse-quent year, the department shall present rel-evant information regarding the decrease inthe rate to the appropriate legislative com-mittees or interim committees. The legisla-tive committees shall hold hearings todetermine the factors that caused the rate todecrease, including a review of the status ofcollection programs in the state and the ca-pacity available to process rigid plastic con-tainers collected and reclaim the resin fromthe collected containers. [1995 c.584 §2; 1997 c.552§16]

459A.660 Manufacturer records; certi-fication by package manufacturer; ex-empt containers. (1) Each productmanufacturer and package manufacturershall maintain the records specified in thissection that demonstrate for all rigid plasticcontainers of the manufacturer, how themanufacturer has complied with one or moreof the requirements of ORS 459A.655, or forwhat reason, if any, the containers are ex-empt under subsection (5) of this section forthe applicable period of time. Proprietary in-formation included in the records, if submit-ted to the Department of EnvironmentalQuality under this section shall not be madeavailable to the general public. The recordsdocumenting the compliance shall be submit-ted to the department upon its request. Eachmanufacturer required to keep records underthis section may be audited by the depart-ment. The department shall not take en-forcement action, audit or request copies ofthe records kept by a manufacturer underthis section before January 1, 1996, and untilthe department calculates the recycling ratesin ORS 459A.655 (2) for the calendar year1995.

(2) To the extent a rigid plastic containercomplies with ORS 459A.655 (1)(c) or (2)(c)because the product manufacturer’s partic-ular product-associated package or all of the



product manufacturer’s rigid plastic contain-ers are being reused under ORS 459A.655(1)(c) or recycled in the state at the ratespecified in ORS 459A.655 (2)(c), the productmanufacturer shall keep records that includethe information the department may requireto determine the product manufacturer’scompliance.

(3) To the extent a rigid plastic containercomplies with ORS 459A.655 (1)(a) or (b) or(2)(a) or (b), the package manufacturer shallkeep records that include the information thedepartment may require to determine thepackage manufacturer’s compliance.

(4) If subsection (3) of this section ap-plies, the product manufacturer also shallmaintain a record of the written certificationby the package manufacturer that the rigidplastic containers comply with ORS 459A.655(1)(a) or (b) or (2)(a) or (b). The certificationalso shall state that the package manufac-turer will maintain the records required insubsection (3) of this section, and upon re-quest of the department, submit to the de-partment records that include theinformation the department may require todetermine compliance. The product manufac-turer may rely on the certification as a de-fense in any action or proceeding forviolation of or to enforce ORS 459A.650 to459A.665, whether such action or proceedingis brought under ORS 459.992, 459.995 or un-der any other law.

(5) Rigid plastic containers are exemptfrom the requirements of ORS 459A.655 if thecontainers are not subject to the require-ments of ORS 459A.700 to 459A.740 and if:

(a) The containers contain drugs, medicaldevices, medical food or infant formula asdefined by the Federal Food, Drug and Cos-metic Act, 21 U.S.C. 301 et seq.

(b) The packages are associated withproducts produced in or brought into thestate that are destined for shipment to otherdestinations outside the state and that re-main with such products upon such ship-ment.

(c) The packaging is necessary to providetamper-resistant seals for public health pur-poses.

(d) The packages are reduced packages.A package shall qualify as reduced when theratio of package weight per unit of producthas been reduced by at least 10 percent whencompared with the packaging used for thesame product by the same packager fiveyears earlier. In no case may packaging re-duction be achieved, for purposes of thisparagraph, by substituting a different mate-rial category for a material that constituteda substantial part of the packaging in ques-

tion, or by packaging changes that adverselyimpact either the potential for the packageto be recycled or contain recycled material.Exemptions under this paragraph shall belimited to five years, shall not be renewableand shall not be applicable to packages forwhich the ratio of package weight per unitof product increased after January 1, 1990.

(e) There has been substantial investmentin achieving the recycling goal, viable mar-kets for the material, if collected, can bedemonstrated, the material is within fivepercent of the goal, there is substantial evi-dence of accelerating recycling rates andreasonable projections show that the mate-rial will meet the goal within two years.

(f) The containers contain food. A con-tainer shall be considered to contain food ifit contains an article used, or intended to beused, for food, ice, confection or condiment,whether simple or compound, or any part oringredient thereof or in the preparationthereof, and for human consumption, but acontainer shall not be considered to containfood if it contains a drinkable liquid and isa rigid plastic bottle. As used in this para-graph, “rigid plastic bottle” means a con-tainer that has a mouth narrower than itsbase.

(6) For any rigid plastic container notdescribed in subsection (3) of this section,each product manufacturer shall keep re-cords that include the information the de-partment may require as evidence that thecontainer is exempt from the requirementsof ORS 459A.655.

(7) The department shall not enforce theprovisions of ORS 459A.650 to 459A.660 dur-ing the first full calendar year after the de-partment determines for the first time thatthe rate for compliance for rigid plastic con-tainers in the aggregate is less than 25 per-cent. For any period for which thedepartment determines that the rate forcompliance for rigid plastic containers in theaggregate equals or exceeds 25 percent,product manufacturers and package man-ufacturers are not required to keep recordsunder this section and are not required tocomply with the requirements of ORS459A.655 (1)(a) and (c) and (2)(b) and (c). [1991c.385 §34c; 1993 c.560 §98; 1993 c.563 §1; 1993 c.568 §3;1995 c.584 §§3,4]

459A.665 Opportunity to recycle rigidplastic containers. A local governmentshall provide the opportunity to recycle rigidplastic containers in metropolitan and urbanwastesheds when there is a stable marketprice for those containers that equals or ex-ceeds 75 percent of the necessary and rea-sonable collection costs for those containers.[1991 c.385 §§34d,50]




(1) “Label” means a code label, as de-scribed in ORS 459A.680, molded into or im-printed on or near the bottom of the plasticcontainer or bottle.

(2) “Rigid plastic bottle” means any rigidplastic container intended for single use witha neck smaller than the container body thataccepts a screw-type, snap cap or other clo-sure and has a minimum capacity of 16ounces and a maximum capacity of five gal-lons.

(3) “Rigid plastic container” means anyformed or molded container other than abottle comprised predominantly of plastic re-sin and having a relatively inflexible finiteshape or form and intended primarily as asingle service container with a minimum ca-pacity of eight ounces and a maximum ca-pacity of five gallons. [1991 c.385 §86; 1993 c.560§99]


459A.680 Labeling requirements forrigid plastic bottles and containers. (1) Allrigid plastic bottles and rigid plastic con-tainers sold in Oregon shall be labeled witha code that indicates the resin used toproduce the rigid plastic bottle or rigid plas-tic container. Rigid plastic bottles or rigidplastic containers with labels, basecups orother components of a different material maybe coded by their basic material if the mate-rial is compatible in recycling systems. Thecode shall consist of a number placed insidea triangle and letters placed below the tri-angle. The triangle shall be equilateral,formed by three arrows with the apex of eachpoint of the triangle at the midpoint of eacharrow, rounded with a short radius. Thepointer of each arrow shall be at the mid-point of each side of the triangle with ashort gap separating the pointer from thebase of the adjacent arrow. The triangle,formed by the three arrows curved at theirmidpoints, shall depict a clockwise patharound the code number. The numbers andletters used shall be as follows:

(a) 1 = PETE (polyethyleneterephthalate);

(b) 2 = HDPE (high densitypolyethylene);

(c) 3 = V (vinyl);(d) 4 = LDPE (low density polyethylene);(e) 5 = PP (polypropylene);(f) 6 = PS (polystyrene); and

(g) 7 = OTHER.(2) The Department of Environmental

Quality shall maintain a list of abbreviationsused on labels under subsection (1) of thissection and shall provide a copy of that listto any person upon request. [1991 c.385 §87; 1993c.560 §100]


459A.685 Prohibition on manufactureof rigid plastic bottles or containerswithout label. No person shall manufacturefor use in this state any rigid plastic con-tainer or rigid plastic bottle that is not la-beled in accordance with ORS 459A.680. [1991c.385 §88]


459A.695 Requirement for retail es-tablishment supplying plastic bags forcustomer use. Any retail establishment thatoffers plastic bags to customers for purchasesmade at the establishment shall offer, at thelocation where the customer pays for thegoods, paper bags as an alternative to plasticbags and inform customers that a choice isavailable. Nothing in this subsection shall beconstrued as requiring retail establishmentsto use plastic bags. [Formerly 459.419]


(Architectural Paint Stewardship PilotProgram)

Note: Sections 1 to 11, 13 and 14, chapter 777, Or-egon Laws 2009, provide:

Sec. 1. Findings. The Legislative Assembly findsthat it is in the best interest of this state for architec-tural paint manufacturers to finance and manage anenvironmentally sound, cost-effective architectural paintstewardship pilot program, undertaking responsibilityfor the development and implementation of strategies toreduce the generation of post-consumer architecturalpaint, promote the reuse of post-consumer architecturalpaint and collect, transport and process post-consumerarchitectural paint for end-of-product-life management,including reuse, recycling, energy recovery and disposal.[2009 c.777 §1]

Sec. 2. Definitions. As used in sections 1 to 10 ofthis 2009 Act:

(1)(a) “Architectural paint” means interior and ex-terior architectural coatings sold in containers of fivegallons or less.

(b) “Architectural paint” does not mean industrial,original equipment or specialty coatings.

(2) “Architectural paint stewardship assessment”means the amount added to the purchase price of ar-chitectural paint sold in this state necessary to coverthe cost of collecting, transporting and processing thepost-consumer architectural paint managed through astatewide architectural paint stewardship pilot program.

(3) “Distributor” means a company that has a con-tractual relationship with one or more producers tomarket and sell architectural paint to retailers in thisstate.

(4) “Energy recovery” means recovery in which allor a part of the solid waste materials of architecturalpaint are processed to use the heat content or otherforms of energy from the solid waste materials.



(5) “Post-consumer architectural paint” means ar-chitectural paint not used and no longer wanted by itspurchaser.

(6) “Producer” means a person that manufacturesarchitectural paint that is sold or offered for sale inthis state.

(7)(a) “Recycling” means any process by which dis-carded products, components and by-products are trans-formed into new usable or marketable materials in amanner in which the products may lose their originalcomposition.

(b) “Recycling” does not include energy recoveryor energy generation by means of combusting discardedproducts, components and by-products with or withoutother waste products from post-consumer architecturalpaint.

(8) “Retailer” means any person that sells or offersfor sale architectural paint at retail in this state.

(9) “Reuse” means the return of a product into theeconomic stream for use in the same kind of applicationintended for the use of the product, without a changein the product’s original composition.

(10) “Sell” or “sale” means any transfer of title forconsideration, including remote sales conducted throughsales outlets, catalogs or the Internet or through anyother similar electronic means.

(11) “Sound management practices” means policiesto be implemented by a producer or a stewardship or-ganization to ensure compliance with all applicablelaws and that address:

(a) Adequate record keeping;(b) The tracking and documentation of the use, re-

use or disposal of post-consumer architectural paintwithin this state and outside this state; and

(c) Adequate environmental liability coverage forprofessional services and for the operations of contrac-tors working for producers or a stewardship organiza-tion.

(12) “Stewardship organization” means a corpo-ration, nonprofit organization or other legal entity cre-ated by a producer or group of producers to implementthe architectural paint stewardship pilot program de-scribed in sections 1 to 10 of this 2009 Act. [2009 c.777§2]

Sec. 3. Participation in architectural paintstewardship pilot program. (1) A producer or retailermay not sell or offer for sale architectural paint to anyperson in this state unless the producer is participatingin a statewide architectural paint stewardship pilotprogram organized by a stewardship organization. Aretailer is in compliance with this section if, on the datethe architectural paint was ordered from the produceror its agent, the website maintained by the Departmentof Environmental Quality lists the producer, along withthe producer’s product brand, as participating in anarchitectural paint stewardship pilot program.

(2) At the time of sale to a consumer, a produceror retailer selling or offering for sale architecturalpaint must provide the consumer with information onavailable end-of-product-life management options offeredthrough an architectural paint stewardship pilot pro-gram. [2009 c.777 §3]

Sec. 4. Architectural paint stewardship pilotprogram. (1) No later than March 1, 2010, a steward-ship organization must submit a plan for a statewidearchitectural paint stewardship pilot program to theDirector of the Department of Environmental Qualityfor approval.

(2) The plan must:(a) Provide for convenient and available statewide

collection of post-consumer architectural paint in urbanand rural areas of this state;

(b) Identify each producer participating in the pro-gram and the brands of architectural paint sold by eachproducer; and

(c) Include a funding mechanism whereby each ar-chitectural paint producer remits to the stewardshiporganization payment of an architectural paint stew-ardship assessment for each container of architecturalpaint the producer sells in this state. The architecturalpaint stewardship assessment must be added to the costof all architectural paint sold to Oregon retailers anddistributors, and each Oregon retailer or distributorshall add the assessment to the purchase price of allarchitectural paint sold in this state. The architecturalpaint stewardship assessment may not be described asan Oregon recycling fee at the point of retail, and a feemay not be charged to the consumer at the point ofcollection of post-consumer architectural paint. To en-sure that the funding mechanism is equitable andsustainable, a uniform architectural paint stewardshipassessment must be established for all architecturalpaint sold in this state. The architectural paint stew-ardship assessment must be approved by the director aspart of the plan and must be sufficient to recover, butnot exceed, the costs of the architectural paint stew-ardship pilot program.

(3) Beginning no later than July 1, 2010, or twomonths after the plan is approved under subsection (1)of this section, whichever occurs first, the stewardshiporganization must:

(a) Implement an architectural paint stewardshippilot program described in the plan;

(b) Provide for the development and implementa-tion of strategies to reduce the generation of post-consumer architectural paint; and

(c) Promote the reuse of post-consumer architec-tural paint and undertake the responsibility of negoti-ating and executing contracts to collect, transport,recycle and process post-consumer architectural paintfor end-of-product-life management that includes recycl-ing, energy recovery and disposal using sound manage-ment practices.

(4) A stewardship organization shall promote thearchitectural paint stewardship pilot program and pro-vide consumers with educational materials describingcollection opportunities for post-consumer architecturalpaint and information promoting waste prevention, re-use and recycling. The educational materials must alsomake consumers aware that funding for the operationof the architectural paint stewardship pilot program hasbeen added to the purchase price of all architecturalpaint sold in this state. [2009 c.777 §4]

Sec. 5. Conduct authorized. (1) It is the intentof this section that a stewardship organization operat-ing an architectural paint stewardship pilot programpursuant to sections 1 to 10 of this 2009 Act, approvedby the Department of Environmental Quality and sub-ject to the regulatory supervision of the department, isgranted immunity from federal and state antitrust lawsfor the limited purpose of establishing and operating anarchitectural paint stewardship pilot program. The ac-tivities of the stewardship organization that complywith the provisions of this section may not be consid-ered to be in restraint of trade, a conspiracy or combi-nation or any other unlawful activity in violation ofany provisions of ORS 646.705 to 646.826 or federalantitrust laws.

(2) The department shall actively supervise theconduct of the stewardship organization, including butnot limited to conduct related to payments made by ar-chitectural paint producers to the stewardship organ-ization for the architectural paint stewardshipassessment specified in section 4 of this 2009 Act. Thedepartment may require the stewardship organization totake whatever action the department considers neces-sary to:



(a) Ensure that the stewardship organization is en-gaging in conduct authorized under this section;

(b) Ensure that the policies of this state are beingfulfilled by an architectural paint stewardship pilotprogram; and

(c) Enjoin conduct that is not authorized by thedepartment or conduct that the department finds doesnot advance the interests of this state in carrying outthe architectural paint stewardship pilot program.

(3) The Director of the Department of Environ-mental Quality may designate employees of the depart-ment to carry out the responsibility of activelysupervising the conduct of the stewardship organization.

(4) The Environmental Quality Commission mayadopt rules to carry out the purposes of this section.[2009 c.777 §5]

Sec. 6. Reports. No later than September 1, 2011,and by September 1 of each subsequent year, a stew-ardship organization must submit a report to the Di-rector of the Department of Environmental Qualitydescribing the architectural paint stewardship pilotprogram approved by the director under section 4 ofthis 2009 Act. At a minimum, the report must contain:

(1) A description of the methods used to collect,transport, recycle and process post-consumer architec-tural paint in this state;

(2) The volume and type of post-consumer archi-tectural paint collected in all regions of this state;

(3) The volume of post-consumer architectural paintcollected in this state by method of disposition, includ-ing reuse, recycling, energy recovery and disposal;

(4) An independent financial audit of the program;(5) A description of program costs;(6) An evaluation of the operation of the program’s

funding mechanism;(7) Samples of educational materials provided to

consumers of architectural paint, an evaluation of themethods used to disseminate those materials and an as-sessment of the effectiveness of the education and out-reach, including levels of waste prevention and reuse;and

(8) An analysis of the environmental costs andbenefits of collecting and recycling latex paint. [2009c.777 §6]

Sec. 7. Data disclosure. (1)(a) Except for the fi-nancial, cost, production or sales data and recordsspecified in paragraph (b) of this subsection, the De-partment of Environmental Quality may not discloseany financial, cost, production or sales data and recordsof a stewardship organization, or of a specific producer,obtained by the department as part of the approval ofa plan for a statewide architectural paint stewardshippilot program pursuant to section 4, chapter 777, OregonLaws 2009, or as part of an annual report submittedpursuant to section 6, chapter 777, Oregon Laws 2009.

(b) If the Department of Environmental Qualitydetermines that disclosure is necessary for the public toadequately understand the derivation of the architec-tural paint stewardship assessment described in section4, chapter 777, Oregon Laws 2009, the level of the ser-vices or associated costs that are anticipated under theassessment or the services or associated costs that aredelivered under the assessment, the department maydisclose, in aggregate form, information contained inthe financial, cost, production or sales data and recordsrelated to the level of service and associated costs forthe following services offered by the statewide architec-tural paint stewardship pilot program:

(A) Collection, reuse, transportation, recycling, en-ergy recovery, disposal and other processing of wastepaint;

(B) Waste reduction efforts;

(C) Education and promotion; and(D) Administration.(2) The Department of Environmental Quality may

not disclose the names of brands by specific producersobtained by the department as part of the approval ofa plan for a statewide architectural paint stewardshippilot program pursuant to section 4, chapter 777, OregonLaws 2009. The department may disclose separate listsindicating participating producers and participatingbrands of the statewide architectural paint stewardshippilot program.

(3) Nothing in this section shall impose additionalreporting obligations on a stewardship organization be-yond those specified in sections 1 to 10, chapter 777,Oregon Laws 2009. [2009 c.777 §7; 2011 c.146 §1]

Sec. 8. Orders and actions. (1) In accordancewith the applicable provisions of ORS chapter 183 re-lating to contested case proceedings, the Department ofEnvironmental Quality may issue an order requiringcompliance with the provisions of sections 1 to 10 ofthis 2009 Act.

(2) The department may bring an action againstany producer or stewardship organization in violationof the provisions of sections 1 to 10 of this 2009 Act.[2009 c.777 §8]

Sec. 9. Administrative fees. (1) The Departmentof Environmental Quality shall charge the followingfees to be paid by a stewardship organization for ad-ministering sections 1 to 10 of this 2009 Act:

(a) $10,000 when the plan specified in section 4 ofthis 2009 Act is submitted to the department; and

(b) $10,000 each year thereafter for administrativecosts related to the architectural paint stewardship pilotprogram.

(2) The department may establish a schedule of feesin lieu of the fees specified in subsection (1) of thissection that is based on an average of the results of thefinancial audits described in section 6 of this 2009 Actand that do not exceed 0.05 percent of the average ar-chitectural paint stewardship pilot program costs re-ported in the financial audits.

(3) Fees collected by the department under thissection shall be deposited in the Product StewardshipFund established under section 10 of this 2009 Act. [2009c.777 §9]

Sec. 10. Product Stewardship Fund. The ProductStewardship Fund is established, separate and distinctfrom the General Fund. Fees collected by the Depart-ment of Environmental Quality under section 9 of this2009 Act shall be deposited in the State Treasury to thecredit of the Product Stewardship Fund. Interest earnedby the Product Stewardship Fund shall be credited tothe fund. Moneys in the fund are continuously appro-priated to the Department of Environmental Quality andmay be used only to pay the costs of implementing theprovisions of sections 1 to 10 of this 2009 Act. [2009c.777 §10]

Sec. 11. Report to Legislative Assembly. Nolater than October 1, 2011, the Director of the Depart-ment of Environmental Quality shall submit a report tothe Legislative Assembly describing the results of thearchitectural paint stewardship pilot program and re-commending whether the program should be made per-manent and any modifications necessary to improve itsfunctioning and efficiency. The report must include anaccounting of the administrative fees paid by the pro-ducers to the Department of Environmental Quality un-der section 9 of this 2009 Act. [2009 c.777 §11]

Sec. 13. Repeal. Sections 1 to 10 of this 2009 Actare repealed on June 30, 2014. [2009 c.777 §13]

Sec. 14. Transfer. Any moneys remaining in theProduct Stewardship Fund on June 30, 2014, are trans-ferred to the General Fund. [2009 c.777 §14]



BEVERAGE CONTAINERS; BOTTLE BILL

459A.700 Definitions for ORS 459A.700to 459A.740. As used in ORS 459.992 (3) and(4) and 459A.700 to 459A.740, unless the con-text requires otherwise:

(1) “Beverage” means a fluid described inORS 459A.702.

(2) “Beverage container” means a con-tainer described in ORS 459A.702.

(3) “Commission” means the Oregon Liq-uor Control Commission.

(4) “Consumer” means every person whopurchases a beverage in a beverage containerfor use or consumption.

(5) “Dealer” means every person in thisstate who engages in the sale of beverages inbeverage containers to a consumer, or meansa redemption center certified under ORS459A.735.

(6) “Distributor” means every person whoengages in the sale of beverages in beveragecontainers to a dealer in this state includingany manufacturer who engages in such sales.

(7) “Importer” means any dealer or man-ufacturer who directly imports beverage con-tainers into this state.

(8) “In this state” means within the ex-terior limits of the State of Oregon and in-cludes all territory within these limits ownedby or ceded to the United States of America.

(9) “Manufacturer” means every personbottling, canning or otherwise filling bever-age containers for sale to distributors, im-porters or dealers.

(10) “Place of business of a dealer” meansthe location at which a dealer sells or offersfor sale beverages in beverage containers toconsumers.

(11) “Use or consumption” includes theexercise of any right or power over a bever-age incident to the ownership thereof, otherthan the sale or the keeping or retention ofa beverage for the purposes of sale.

(12) “Water and flavored water” meansany beverage identified through the use ofletters, words or symbols on its product labelas a type of water. [Formerly 459.810; 2007 c.303§1; 2011 c.277 §1]

459A.702 Applicability of ORS 459A.700to 459A.740. (1) Except as provided in sub-section (2) of this section, ORS 459A.700 to459A.740 apply to any individual, separate,sealed glass, metal or plastic bottle or can,except for cartons, foil pouches and drinkboxes, that contains the following beverages,intended for human consumption and in aquantity less than or equal to three fluid li-ters:

(a) Water and flavored water;

(b) Beer or other malt beverages; and(c) Mineral waters, soda water and simi-

lar carbonated soft drinks.(2) One year after the date on which the

Oregon Liquor Control Commission deter-mines that at least 60 percent of the bever-age containers returned for the refund valuespecified in ORS 459A.705 are returnedstatewide to redemption centers approvedunder ORS 459A.735, or on January 1, 2018,whichever comes first, ORS 459A.700 to459A.740 apply to any individual, separate,sealed glass, metal or plastic bottle or can,except for cartons, foil pouches, drink boxesand metal containers that require a tool tobe opened, that contains:

(a) The following beverages, intended forhuman consumption and in a quantity lessthan or equal to three fluid liters:

(A) Water and flavored water;(B) Beer or other malt beverages; and(C) Mineral waters, soda water and simi-

lar carbonated soft drinks.(b) Any beverage other than those speci-

fied in paragraph (a) of this subsection thatis intended for human consumption and is ina quantity more than or equal to four fluidounces and less than or equal to one andone-half fluid liters, except distilled liquor,wine, dairy or plant-based milks, infant for-mula and any other exemptions set forth inrule of the Oregon Liquor Control Commis-sion. [2011 c.277 §2]

459A.705 Refund value. (1) Except asprovided in subsections (2) and (3) of thissection, every beverage container sold or of-fered for sale in this state shall have a re-fund value of not less than five cents.

(2)(a) Every beverage container sold oroffered for sale in this state shall have a re-fund value of not less than 10 cents, begin-ning on the later of:

(A) Eight months after the Oregon Liq-uor Control Commission determines that, ineach of the two previous calendar years, thenumber of beverage containers returned forthe refund value specified in this section wasless than 80 percent of the total number ofbeverage containers that were sold in thisstate; or

(B) January 1 of the calendar year fol-lowing the determination by the commissiondescribed in subparagraph (A) of this para-graph.

(b) The commission may not make a de-termination under this subsection beforeJanuary 1, 2016.

(c) In making a determination under thissubsection, the commission may not includethe beverage containers and beverages de-



scribed in ORS 459A.702 (2)(b) before Janu-ary 1, 2021.

(3) Every beverage container certified asprovided in ORS 459A.725, sold or offered forsale in this state, shall have a refund valueof not less than two cents. [Formerly 459.820;2011 c.277 §3]

459A.710 Practices required of dealersand distributors. Except as provided inORS 459A.715:

(1)(a) Except as provided in paragraph (b)of this subsection, a dealer may not refuse toaccept from any person any empty beveragecontainers that contained the kind of bever-age sold by the dealer, or refuse to pay tothat person the refund value of a beveragecontainer as established by ORS 459A.705.

(b) A dealer that occupies a space of lessthan 5,000 square feet in a single area mayrefuse to accept from any person any emptybeverage containers of the kind, size andbrand that the dealer does not sell.

(2) A distributor or importer may not re-fuse to accept from a dealer any empty bev-erage containers of the kind, size and brandsold by the distributor or importer, or refuseto pay the dealer the refund value of a bev-erage container as established by ORS459A.705.

(3) The manufacturer, distributor or im-porter of any beverage sold in this state shallensure that all dealers or redemption centersin this state that redeem beverage containersare paid the refund value for those beveragecontainers and that those beverage contain-ers are collected from the dealer or redemp-tion center in a timely manner. [Formerly459.830; 2007 c.303 §2]

459A.712 Liability of manufacturer,distributor and importer for failure topay refund value of beverage containers.Any manufacturer, distributor or importerthat fails to pay to a dealer or redemptioncenter the refund value of beverage contain-ers and to collect beverage containers as re-quired by ORS 459A.710 (3) is liable to thedealer or redemption center for treble theunpaid refund value and treble the collectioncosts incurred by the dealer or redemptioncenter for any beverage containers that werenot collected as required. [2007 c.303 §7]

459A.715 Refusal of dealer or distribu-tor to accept or pay refund in certaincases; notice. (1) A dealer may refuse toaccept from any person, and a distributor orimporter may refuse to accept from a dealer,

any empty beverage container that does notstate thereon a refund value as establishedby ORS 459A.705.

(2) A dealer may refuse to accept and topay the refund value of:

(a) Empty beverage containers if theplace of business of the dealer and the kindof empty beverage containers are included inan order of the Oregon Liquor Control Com-mission approving a redemption center underORS 459A.735.

(b) Any beverage container visibly con-taining or contaminated by a substance otherthan water, residue of the original contentsor ordinary dust.

(c)(A) More than 144 individual beveragecontainers returned by any one person dur-ing one day, if the dealer occupies a spaceof 5,000 or more square feet in a single area.

(B) More than 50 individual beveragecontainers returned by any one person dur-ing one day, if the dealer occupies a spaceof less than 5,000 square feet in a singlearea.

(d) Any beverage container that is dam-aged to the extent that the brand appearingon the container cannot be identified.

(3)(a) In order to refuse containers undersubsection (2)(b), (c)(A) or (d) of this section,if a dealer occupies a space of 5,000 or moresquare feet in a single area, the dealer mustpost in each area where containers are re-ceived a clearly visible and legible sign con-taining the following information:__________________________________________

NOTICE:

Oregon Law allows a dealer to refuse to ac-cept:

1. Beverage containers visibly containingor contaminated by a substance other thanwater, residue of the original contents or or-dinary dust;

2. More than 144 individual beveragecontainers from any one person during oneday; or

3. Beverage containers that are damagedto the extent that the brand appearing on thecontainer cannot be identified.__________________________________________

(b) In order to refuse containers undersubsection (2)(b), (c)(B) or (d) of this section,if a dealer occupies a space of less than 5,000square feet in a single area, the dealer mustpost in each area where containers are re-ceived a clearly visible and legible sign con-taining the following information:



__________________________________________

NOTICE:Oregon Law allows a dealer to refuse to ac-cept:

1. Beverage containers visibly containingor contaminated by a substance other thanwater, residue of the original contents or or-dinary dust;

2. More than 50 individual beverage con-tainers from any one person during one day;or

3. Beverage containers that are damagedto the extent that the brand appearing on thecontainer cannot be identified.__________________________________________

[Formerly 459.840; 1993 c.356 §1; 2003 c.761 §1; 2007 c.303§§3,4]

459A.720 Indication of refund value;exception; prohibition of certain metalcontainers and plastic container holders.(1) Every beverage container sold or offeredfor sale in this state by a dealer shall clearlyindicate by embossing or by a stamp, or bya label or other method securely affixed tothe beverage container, the refund value ofthe container.

(2) Subsection (1) of this section shall notapply to glass beverage containers designedfor beverages having a brand name perma-nently marked thereon which, on October 1,1972, had a refund value of not less than fivecents.

(3) No person shall sell or offer for saleat retail in this state any metal beveragecontainer so designed and constructed thata part of the container is detachable inopening the container without the aid of acan opener.

(4) On or after March 1, 1979, no personshall sell or offer for sale at retail in thisstate, in addition to beverages as defined inORS 459A.700 (1), any beverage in liquidform intended for human consumption in anybeverage container so designed and con-structed that a metal part of the containeris detachable in opening the containerthrough use of a metal ring or tab withoutthe aid of a can opener. However, nothing inthis subsection shall prohibit the sale of acontainer the only detachable part of whichis a piece of pressure sensitive tape.

(5) No person shall sell or offer for saleat retail in this state metal beverage con-tainers connected to each other by a sepa-rate holding device constructed of plasticrings or other material which will not de-compose by photobiodegradation, chemicaldegradation, or biodegradation within 120days of disposal. [Formerly 459.850]

459A.725 Certification of containers asreusable by more than one manufacturer;rules. (1) To promote the use in this stateof reusable beverage containers of uniformdesign, and to facilitate the return of con-tainers to manufacturers for reuse as a bev-erage container, the Oregon Liquor ControlCommission may certify beverage containerswhich satisfy the requirements of this sec-tion.

(2) A beverage container may be certifiedif:

(a) It is reusable as a beverage containerby more than one manufacturer in the ordi-nary course of business; and

(b) More than one manufacturer will inthe ordinary course of business accept thebeverage container for reuse as a beveragecontainer and pay the refund value of thecontainer.

(3) The commission may by rule establishappropriate liquid capacities and shapes forbeverage containers to be certified or decer-tified in accordance with the purposes setforth in subsection (1) of this section.

(4) A beverage container shall not becertified under this section if by reason of itsshape or design, or by reason of words orsymbols permanently inscribed thereon,whether by engraving, embossing, paintingor other permanent method, it is reusable asa beverage container in the ordinary courseof business only by a manufacturer of a bev-erage sold under a specific brand name.[Formerly 459.860]

459A.730 Decision upon certificationapplications; review and withdrawal ofcertifications. (1) Unless an application forcertification under ORS 459A.725 is deniedby the Oregon Liquor Control Commissionwithin 60 days after the filing of the appli-cation, the beverage container shall bedeemed certified.

(2) The commission may review at anytime certification of a beverage container. Ifafter such review, with written notice andhearing afforded to the person who filed theapplication for certification under ORS459A.725, the commission determines thecontainer is no longer qualified for certifica-tion, it shall withdraw certification.

(3) Withdrawal of certification shall beeffective not less than 30 days after writtennotice to the person who filed the applicationfor certification under ORS 459A.725 and tothe manufacturers referred to in ORS459A.725 (2). [Formerly 459.870]

459A.735 Redemption centers. (1) Tofacilitate the return of empty beverage con-tainers and to serve dealers of beverages, anyperson may establish a redemption center,subject to the approval of the Oregon Liquor



Control Commission, at which any personmay return empty beverage containers andreceive payment of the refund value of suchbeverage containers.

(2) Application for approval of a redemp-tion center shall be filed with the commis-sion. The application shall state the nameand address of the person responsible for theestablishment and operation of the redemp-tion center, the kind of beverage containersthat will be accepted at the redemption cen-ter and the names and addresses of the deal-ers to be served by the redemption center.The application shall include such additionalinformation as the commission may require.

(3) The commission shall approve a re-demption center if it finds the redemptioncenter will provide a convenient service topersons for the return of empty beveragecontainers. The order of the commission ap-proving a redemption center shall state thedealers to be served by the redemption cen-ter and the kind of empty beverage contain-ers that the redemption center must accept.The order may contain such other provisionsto ensure the redemption center will providea convenient service to the public as thecommission may determine.

(4) The commission may review at anytime approval of a redemption center. Afterwritten notice to the person responsible forthe establishment and operation of the re-demption center, and to the dealers servedby the redemption center, the commissionmay, after hearing, withdraw approval of aredemption center if the commission findsthere has not been compliance with its orderapproving the redemption center, or if theredemption center no longer provides a con-venient service to the public. [Formerly 459.880;2007 c.303 §5]

459A.737 Redemption center pilotproject; convenience zones; rules. (1)(a)Pursuant to the provisions of ORS 459A.735,the Oregon Liquor Control Commission shallapprove one beverage container redemptioncenter pilot project in a city having a popu-lation of less than 300,000, operated by adistributor cooperative serving a majority ofthe dealers in this state.

(b) Notwithstanding any other provisionof ORS 459A.700 to 459A.740, the beveragecontainer redemption center operated underthe pilot project may not refuse to acceptand to pay the refund value of up to 300 in-dividual empty beverage containers, as es-tablished by ORS 459A.705, returned by anyone person during one day.

(2)(a) The commission shall specify twoconvenience zones for the pilot project. The

first convenience zone shall be the sectorwithin the one and one-half mile radiusaround the beverage container redemptioncenter pilot project, and the second conven-ience zone shall be the sector within thethree mile radius around the beverage con-tainer redemption center pilot project.

(b) All dealers doing business within thefirst convenience zone that occupy a spaceof 5,000 or more square feet in a single areamay participate in, and be served by, the pi-lot project and, if such a dealer participatesin, and is served by, the pilot project, thedealer may, notwithstanding any other pro-vision of ORS 459A.700 to 459A.740, refuseto accept and to pay the refund value ofempty beverage containers.

(c) All dealers doing business within thesecond convenience zone that occupy a spaceof 5,000 or more square feet in a single areamay participate in, and be served by, the pi-lot project and, if such a dealer participatesin, and is served by, the pilot project, thedealer may, notwithstanding any other pro-vision of ORS 459A.700 to 459A.740, refuseto accept and to pay the refund value ofmore than 24 individual empty beverage con-tainers returned by any one person duringone day.

(d) All dealers doing business within ei-ther convenience zone that occupy a spaceof less than 5,000 square feet in a single areamay, notwithstanding any other provision ofORS 459A.700 to 459A.740, refuse to acceptand to pay the refund value of more than 24individual empty beverage containers re-turned by any one person during one day.

(e) Any dealer doing business in eitherconvenience zone that occupies a space of5,000 or more square feet in a single areathat does not participate in, and is notserved by, the pilot project may not refuse toaccept and to pay the refund value of up to300 individual empty beverage containers, asestablished by ORS 459A.705, returned byany one person during one day and mustprovide services similar to those provided bythe pilot project, including hand counting ofindividual empty beverage containers thatare returned for the refund value establishedby ORS 459A.705.

(3) The commission may adopt all rulesnecessary to implement and administer theprovisions of this section. [2011 c.277 §5]

459A.740 Certification and withdrawalprocedures. The procedures for certificationor withdrawal provided for in ORS 459A.725to 459A.735 shall be in accordance with ORSchapter 183. [Formerly 459.890]



EDUCATION459A.750 Recycling and waste re-

duction component of curriculum;teacher’s guide; informational materials.(1) By January 1, 1995, the Department ofEducation, in cooperation with the Depart-ment of Environmental Quality, shall inte-grate a recycling and waste reductioncomponent into a required curriculum for allOregon students in grades kindergartenthrough 12.

(2) The Department of EnvironmentalQuality, in cooperation with the Departmentof Education, as appropriate in paragraphs(a) and (c) of this subsection, shall providestatewide promotion, education and technicalassistance to local government units andschools in each wasteshed to increase par-ticipation in recycling. The assistance pro-vided shall include but need not be limitedto:

(a) Developing a current teacher’s guidewhich shall be supplied to every school inthe state for use in complying with this sec-tion. The Department of EnvironmentalQuality shall update, revise and replace theteacher’s guide at least once every four yearsas necessary to keep the teacher’s guidecurrent and effective. The teacher’s guidealso shall be available to local governmentunits and recycling educators upon request.The Department of Environmental Qualityshall participate each year as requested inteacher in-service workshops to present andfacilitate use of the teacher’s guide.

(b) Providing professionally produced in-formational materials including but not lim-ited to camera-ready art and recycling andwaste reduction copy for use by local gov-ernment units, schools or recycling educatorsin each wasteshed for public informationcorrespondence, brochures, flyers, newslet-ters and news releases, camera-ready news-paper public service advertisements and twoannual workshops on recycling and wastereduction education and promotion, one tobe held within and one to be held outside,the Portland metropolitan area. The Depart-ment of Environmental Quality shall revisethe material annually to keep the informa-tion presented current and effective.

(c) Providing professionally produced in-structional audiovisual materials to eachschool in the state to be used as part of theschool’s recycling and waste reduction edu-cation component. The audiovisual materialsshall be appropriate to the grade level of theschool to which they are supplied and shall

be reviewed every two years and updated asnecessary to keep the information presentedcurrent and effective. The materials alsoshall be available to local government unitsand recycling educators upon request. [1991c.385 §35; 1993 c.560 §101]

Note: 459A.750 was enacted into law by the Legis-lative Assembly but was not added to or made a partof ORS chapter 459A or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

FOOD PACKAGING REGULATION459A.775 “State agency” defined. As

used in ORS 459A.775 to 459A.785, “stateagency” means any state officer, department,board, commission or court created by theConstitution or statutes of this state, includ-ing the Legislative Assembly, its committees,officers and employees. [Formerly 468.967]


459A.780 Prohibition against purchaseor use of nonbiodegradable and nonrecy-clable food packaging; exemptions. (1) Astate agency may not purchase any productto be used for packaging food if the productis composed of material that is not eitherbiodegradable or recyclable through an ex-isting effective recycling program.

(2) A vendor who leases space from astate agency shall not sell food in, or use forfood packaging, any product containing orcomposed of material that is not eitherbiodegradable or recyclable through an ex-isting, effective recycling program.

(3) Notwithstanding subsections (1) and(2) of this section, the Environmental QualityCommission may exempt specific productsfrom the requirements of subsections (1) and(2) of this section if the applicant for the ex-emption demonstrates:

(a) There is no acceptable alternative forthe product; and

(b) Compliance with the conditions ofsubsections (1) and (2) of this section wouldcause undue hardship. [Formerly 468.968]


459A.785 Effective recycling program;standards for determining. The Depart-ment of Environmental Quality shall estab-lish percentages of plastic material that mustbe recycled before a recycling program isconsidered an effective recycling program. Inestablishing the percentages the department:



(1) Shall establish percentages for eachdifferent type of plastic resin;

(2) Shall require that at least 15 percentof each plastic resin type be recycled state-wide in 1992; and

(3) May not establish a required percent-age of more than 75 percent before December31, 1999. [Formerly 468.969]



459a - oregon legislative assembly...459a.010 public health and safety (iii) provision at least...

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