(1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling.
(2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse.
(3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that:
(a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS 459.015;
(b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and
(c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS 459.015.
(4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling. [Formerly 459.188; 1993 c.560 §82; 2001 c.513 §3]
Section: Previous 459A.030 459A.035 459A.040 459A.045 459A.050 459A.055 459A.060 459A.065 459A.070 459A.075 459A.080 459A.100 459A.105 459A.110 459A.115 NextLast modified: August 7, 2008