Oregon Statutes - Chapter 459A - Reuse and Recycling

459A.005 Opportunity to recycle defined.
(1) As used in ORS 459.015, 459.250 and 459A.005 to 459A.665, the �opportunity to recycle� means at least that the city, county or metropolitan service...
459A.010 Statewide goals; opportunity to recycle program elements; recovery rates.
(1) It is the goal of the State of Oregon that: (a) For the calendar year 2005, the amount of recovery from the general solid...
459A.015 Commission duties.
The Environmental Quality Commission shall: (1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005, 459.015, 459.035, 459.250, 459.992...
459A.020 Statewide integrated solid waste management plan; review; revision.
(1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to the...
459A.025 Commission to adopt rules regarding waste disposal and recycling.
(1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions of...
459A.027 Legislative findings.
The Legislative Assembly finds and declares that: (1) Public and private recycling programs that collect source separated recyclable materials from residences and from commercial and...
459A.029 Department to provide materials to local governments; commercial government recovery rate goal.
(1) The Department of Environmental Quality shall work with local government units to provide educational and promotional materials that local government units may distribute to...
459A.030 Technical assistance to local governments.
The Department of Environmental Quality shall provide technical assistance to cities, counties or metropolitan service districts in the development, revision, amendment and implementation of local...
459A.035 Solid waste composition study.
The Department of Environmental Quality shall conduct a solid waste composition study at least once a biennium for all areas of the state not covered...
459A.040 [1991 c.385 §93; repealed by 1997 c.552 §40]
459A.045 Request for modification or variance.
Any affected person may: (1) Request the Environmental Quality Commission to modify the recyclable material for which the commission determines the opportunity to recycle must...
459A.050 Recycling reports.
(1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality: (a) A periodic...
459A.055 Variance or request for extension to provide opportunity to recycle.
(1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant...
459A.060 [1991 c.385 §4; 1997 c.552 §15; repealed by 2001 c.513 §6]
459A.065 Mandatory participation in recycling.
(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...
459A.070 Limitation on amount charged person who source separates recyclable material.
(1) A collection service or disposal site may charge a person who source separates recyclable material and makes it available for reuse or recycling less,...
459A.075 Exemptions.
Nothing in ORS 459.005, 459.015, 459.035, 459.250, 459.992, 459.995 and 459A.005 to 459A.665 applies to recyclable material which is: (1) Source separated by the generator;...
459A.080 Prohibitions against removing or mixing recyclable material.
A person may not: (1) Without the permission of the owner or generator of recyclable material, take recyclable material set out to be collected by...
459A.100 Definitions for ORS 459A.100 to 459A.120.
As used in ORS 459A.100 to 459A.120: (1) �Domestic solid waste� includes but is not limited to residential, commercial and institutional wastes generated within this...
459A.105 Policy.
The Legislative Assembly finds and declares that: (1) Domestic solid waste disposal capacity is a matter of statewide concern; (2) The disposal in Oregon of...
459A.110 Additional fees for programs for reduction of domestic solid waste and environmental risks; assessment; maximum fee.
(1) In addition to the permit fees provided in ORS 459.235, the Environmental Quality Commission shall establish a schedule of fees for all: (a) Disposal...
459A.115 Surcharge on fee imposed under ORS 459A.110; use of surcharge.
(1) From January 1, 1992, to December 31, 1993, the schedule of fees as established by the Environmental Quality Commission under ORS 459A.110 (1) is...
459A.120 Use of additional fees.
(1) Except as provided in ORS 459A.115, the fees established by the Environmental Quality Commission under ORS 459A.110 shall be deposited in the General Fund...
459A.300 Legislative findings.
The Legislative Assembly finds that: (1) It is necessary to encourage the design of electronic devices that are more resource-efficient, more recyclable and less environmentally...
459A.305 Definitions for ORS 459A.305 to 459A.355.
As used in ORS 459A.305 to 459A.355: (1) �Brand� means a name, symbols, words or marks that identify a covered electronic device, rather than any...
459A.310 Applicability to manufacturers; applicability to reused or refurbished covered electronic devices; requirements for sale of covered electronic devices by manufacturers.
(1) ORS 459A.305 to 459A.355 apply to all manufacturers engaging in the activities set forth in ORS 459A.305 (6) before, on or after June 7,...
459A.315 Registration by manufacturer; fees.
(1) Before January 1 of each year, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the...
459A.320 Manufacturer program plan; state contractor program.
(1) A manufacturer choosing to implement a manufacturer program shall submit a plan to the Department of Environmental Quality at the time of payment of...
459A.325 Recycling fee for manufacturer participating in state contractor program.
By September 1 of each year, a manufacturer that participates in the state contractor program shall pay a recycling fee to the Department of Environmental...
459A.330 Prohibition against charging fee for collection, transportation or recycling of covered electronic devices; exception.
(1) Except as authorized in subsection (2) of this section, a manufacturer program, the state contractor program or a collector participating in a manufacturer program...
459A.335 Requirements for sale of covered electronic devices by retailers; retailer�s duty to consumers regarding information about recycling covered electronic devices.
(1) A retailer may not sell or offer for sale any covered electronic device in or for delivery into this state unless: (a) The covered...
459A.340 Duties of department.
The Department of Environmental Quality shall: (1) Maintain and make available on its website the following lists, which must be updated by the first day...
459A.345 Rules.
The Environmental Quality Commission may adopt rules as necessary to implement ORS 459A.305 to 459A.355. [2007 c.302 §11] Note: See note under 459A.300.
459A.350 Disposition of fees.
Fees collected by the Department of Environmental Quality under ORS 459A.305 to 459A.355 shall be deposited in the State Treasury to the credit of the...
459A.355 Covered Electronic Devices Account; interest; uses.
The Covered Electronic Devices Account is established separate and distinct from the General Fund. Interest earned by the account shall be credited to the account....
459A.360 Evaluation by department of certain federal laws.
(1) The Department of Environmental Quality shall evaluate any federal law that establishes a national program for the collection and recycling of electronic devices. (2)...
459A.475 Legislative findings; policy.
The Legislative Assembly finds and declares that: (1) It is the policy of the State of Oregon to conserve and protect its resources. The maintenance...
459A.485 System and procedures for separation and collection of solid waste; rules; exemption.
(1) Notwithstanding ORS 183.335 (5), the Oregon Department of Administrative Services shall adopt rules pursuant to ORS chapter 183 that: (a) Establish procedures for the...
459A.490 Paper conservation.
(1) The Oregon Department of Administrative Services shall encourage paper conservation. (2) The department shall provide guidelines to state agencies and contractors on the availability...
459A.500 Definitions for ORS 459A.500 to 459A.520.
As used in ORS 459A.500 to 459A.520: (1) �Consumer of newsprint� means a person who uses newsprint in a commercial or government printing or publishing...
459A.505 Minimum recycled content for newsprint.
Every consumer of newsprint in Oregon shall ensure that at least 7.5 percent of the annual aggregate fiber content of all newsprint used by the...
459A.510 Report to consumer of amount of post-consumer waste in shipment.
Each person who supplies a consumer of newsprint with newsprint shall report with each supply the amounts of post-consumer waste contained in each shipment to...
459A.515 Annual report to department; content.
No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous...
459A.520 Minimum recycled content for directories.
(1) Every directory publisher shall ensure that directories distributed in Oregon: (a) Have a minimum recycled content of at least 25 percent by weight, with...
459A.550 Report on use of new and recycled glass; minimum percentage of recycled glass required.
(1) On or before February 28 each year, every glass container manufacturer shall report to the Department of Environmental Quality, in accordance with a method...
459A.552 Recycling and recovery of used oil; goal.
It is the goal of the State of Oregon that the amount of recycling and recovery of used oil from households in Oregon shall be...
459A.554 Reduction, reuse and recovery of used oil.
After consideration of technical and economic feasibility, the Department of Environmental Quality and all persons in Oregon shall encourage the management of used oil in...
459A.555 Definitions for ORS 459A.552 to 459A.599.
As used in ORS 459A.552 to 459A.599 unless the context requires otherwise: (1) �Commission� means the Environmental Quality Commission. (2) �Department� means the Department of...
459A.560 Legislative findings.
The Legislative Assembly finds that: (1) Millions of gallons of used oil are generated each year in the state; (2) Used oil is a valuable...
459A.565 Used oil to be collected and recycled.
The Legislative Assembly declares that used oil shall be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally...
459A.570 Used oil information center; public education.
The Department of Environmental Quality shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling...
459A.575 Oil recycling information to be posted; rules.
The Environmental Quality Commission shall adopt rules, in accordance with the provisions of ORS 468.020, requiring sellers of more than 500 gallons of lubrication or...
459A.580 Prohibited disposal of used oil.
Unless permitted pursuant to ORS 468B.050, no person shall dispose of used oil by discharge into sewers, drainage systems or the waters of this state...
459A.585 Enforcement powers of commission.
The Environmental Quality Commission shall have the power to enforce compliance with or restrain violation of ORS 459A.580 or any rule adopted under ORS 459A.575...
459A.590 Use, management, disposal and resource recovery; rules.
The Environmental Quality Commission shall adopt rules and issue orders relating to the use, management, disposal of and resource recovery from used oil. The rules...
459A.595 Use for dust suppression or as herbicide.
Except to the extent that a use of used oil is prohibited or regulated by federal law, the rules adopted under ORS 459A.590 shall not...
459A.599 Short title.
ORS 459A.552 to 459A.585 may be cited as the �Used Oil Recycling Act.� [Formerly 468.871] Note: See note under 459A.552. (Compost)
459A.600 �Compost� defined.
As used in ORS 459A.605 to 459A.620, �compost� means the product resulting from the controlled biological decomposition of organic wastes that are source separated from...
459A.605 Rules for purchase of compost and sewage sludge by state.
In consultation with the Department of Environmental Quality and affected state and local agencies, the Oregon Department of Administrative Services shall adopt rules for the...
459A.610 [1991 c.385 §22; repealed by 1993 c.560 §107]
459A.615 Programs to use compost and sewage sludge.
The State Forestry Department, the State Parks and Recreation Department, the Department of Transportation and the Oregon Department of Administrative Services shall initiate programs that...
459A.620 Use of compost or sewage sludge by state agencies given priority.
Any state agency that prepares a request for bid for soil amendments, ground cover materials, mulching materials or other similar products shall first determine that...
459A.630 Motor vehicle mercury light switches.
The Department of Environmental Quality shall coordinate with and encourage entities such as associations representing motor vehicle repair shops to offer to the public the...
459A.650 Definitions for ORS 459A.650 to 459A.665.
As used in ORS 459A.650 to 459A.665: (1) �Package� means any container used to protect, store, contain, transport, display or sell products. (2) �Package manufacturer�...
459A.655 Minimum reuse, recycled material or recycled content for rigid plastic containers.
(1) Except as provided in ORS 459A.660 (5), any rigid plastic container sold, offered for sale or used in association with the sale or offer...
459A.657 Recycling rate; hearings on decreased rate.
(1) The Department of Environmental Quality shall determine a recycling rate under ORS 459A.655 for rigid plastic containers in the aggregate on or before December...
459A.660 Manufacturer records; certification by package manufacturer; exempt containers.
(1) Each product manufacturer and package manufacturer shall maintain the records specified in this section that demonstrate for all rigid plastic containers of the manufacturer,...
459A.665 Opportunity to recycle rigid plastic containers.
A local government shall provide the opportunity to recycle rigid plastic containers in metropolitan and urban wastesheds when there is a stable market price for...
459A.675 Definitions for ORS 459A.675 to 459A.685.
As used in ORS 459A.675 to 459A.685: (1) �Label� means a code label, as described in ORS 459A.680, molded into or imprinted on or near...
459A.680 Labeling requirements for rigid plastic bottles and containers.
(1) All rigid plastic bottles and rigid plastic containers sold in Oregon shall be labeled with a code that indicates the resin used to produce...
459A.685 Prohibition on manufacture of rigid plastic bottles or containers without label.
No person shall manufacture for use in this state any rigid plastic container or rigid plastic bottle that is not labeled in accordance with ORS...
459A.695 Requirement for retail establishment supplying plastic bags for customer use.
Any retail establishment that offers plastic bags to customers for purchases made at the establishment shall offer, at the location where the customer pays for...
459A.700 Definitions for ORS 459A.700 to 459A.740.
As used in ORS 459.992 (3) and (4) and 459A.700 to 459A.740, unless the context requires otherwise: (1) �Beverage� means beer or other malt beverages...
459A.705 Refund value required.
(1) Except as provided in subsection (2) of this section, every beverage container sold or offered for sale in this state shall have a refund...
459A.710 Practices required of dealers and distributors.
Except as provided in ORS 459A.715: (1) A dealer shall not refuse to accept from any person any empty beverage containers of the kind, size...
459A.712 Liability of manufacturer, distributor and importer for failure to pay refund value of beverage containers.
Any manufacturer, distributor or importer that fails to pay to a dealer or redemption center the refund value of beverage containers and to collect beverage...
459A.715 Refusal of dealer or distributor to accept or pay refund in certain cases; notice.
(1) A dealer may refuse to accept from any person, and a distributor may refuse to accept from a dealer, any empty beverage container that...
459A.720 Indication of refund value; exception; prohibition of certain metal containers and plastic container holders.
(1) Every beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, or...
459A.725 Certification of containers as reusable by more than one manufacturer; rules.
(1) To promote the use in this state of reusable beverage containers of uniform design, and to facilitate the return of containers to manufacturers for...
459A.730 Decision upon certification applications; review and withdrawal of certifications.
(1) Unless an application for certification under ORS 459A.725 is denied by the Oregon Liquor Control Commission within 60 days after the filing of the...
459A.735 Redemption centers.
(1) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the...
459A.740 Certification and withdrawal procedures.
The procedures for certification or withdrawal provided for in ORS 459A.725 to 459A.735 shall be in accordance with ORS chapter 183. [Formerly 459.890] EDUCATION
459A.750 Recycling and waste reduction component of curriculum; teacher�s guide; informational materials.
(1) By January 1, 1995, the Department of Education, in cooperation with the Department of Environmental Quality, shall integrate a recycling and waste reduction component...
459A.775 �State agency� defined.
As used in ORS 459A.775 to 459A.785, �state agency� means any state officer, department, board, commission or court created by the Constitution or statutes of...
459A.780 Prohibition against purchase or use of nonbiodegradable and nonrecyclable food packaging; exemptions.
(1) A state agency may not purchase any product to be used for packaging food if the product is composed of material that is not...
459A.785 Effective recycling program; standards for determining.
The Department of Environmental Quality shall establish percentages of plastic material that must be recycled before a recycling program is considered an effective recycling program....

Last modified: August 7, 2008