71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3744
Sponsored by Representative CLOSE; Representatives LEE, MONNES
ANDERSON (at the request of Oregon Refuse and Recycling
Association, Association of Oregon Recyclers)
CHAPTER ................
AN ACT
Relating to solid waste recovery; amending ORS 459.015, 459A.010,
459A.050, 459A.055 and 459A.065; repealing ORS 459A.060; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 459.015 is amended to read:
459.015. (1) The Legislative Assembly finds and declares that:
(a) The planning, development and operation of recycling
programs is a matter of statewide concern.
(b) The opportunity to recycle should be provided to every
person in Oregon.
(c) There is a shortage of appropriate sites for landfills in
Oregon.
(d) It is in the best interests of the people of Oregon to
extend the useful life of solid waste disposal sites by
encouraging waste prevention and the recycling and reuse of
materials, and by requiring solid waste to undergo volume
reduction through recycling and reuse measures to the maximum
extent feasible before disposal. Implementation of waste
prevention and recycling and reuse measures will not only
increase the useful life of solid waste disposal sites, but also
decrease the potential public health and safety impacts
associated with the operation of disposal sites.
{ + (e) There are limits to Oregon's natural resources and
the capacity of the state's environment to absorb the impacts of
increasing consumption of resources, increasing waste generation
and increasing solid waste disposal.
(f) It is in the best interests of the people of Oregon to
conserve resources and energy by developing an economy that
encourages waste prevention and recycling.
(g) The State of Oregon should make it a priority to support
efforts that assist each wasteshed in meeting its recovery goal
so the statewide recovery goal may be achieved. + }
(2) In the interest of the public health, safety and welfare
and in order to conserve energy and natural resources, it is the
policy of the State of Oregon to establish a comprehensive
statewide program for solid waste management which will:
(a) After consideration of technical and economic feasibility,
establish priority in methods of managing solid waste in Oregon
as follows:
(A) First, to reduce the amount of solid waste generated;
Enrolled House Bill 3744 (HB 3744-A) Page 1
(B) Second, to reuse material for the purpose for which it was
originally intended;
(C) Third, to recycle material that cannot be reused;
(D) Fourth, to compost material that cannot be reused or
recycled;
(E) Fifth, to recover energy from solid waste that cannot be
reused, recycled or composted so long as the energy recovery
facility preserves the quality of air, water and land resources;
and
(F) Sixth, to dispose of solid waste that cannot be reused,
recycled, composted or from which energy cannot be recovered by
landfilling or other method approved by the Department of
Environmental Quality.
(b) Clearly express the Legislative Assembly's previous
delegation of authority to cities and counties for collection
service franchising and regulation and the extension of that
authority under the provisions of this section and ORS 459.125
and 459A.005 to 459A.085.
(c) Retain primary responsibility for management of adequate
solid waste management programs with cities, counties or
metropolitan service districts, reserving to the state those
functions necessary to { - assure - } { + ensure + }
effective programs, cooperation among cities, counties or
metropolitan service districts and coordination of solid waste
management programs throughout the state.
(d) Promote, encourage and develop markets first for reusable
material and then for recyclable material.
(e) Promote research, surveys and demonstration projects to
encourage material or energy recovery.
(f) Promote research, surveys and demonstration projects to aid
in developing more sanitary, efficient and economical methods of
solid waste management.
(g) Provide advisory technical assistance and planning
assistance to affected persons, in the planning, development and
implementation of solid waste management programs.
(h) Develop, in coordination with federal, state and local
agencies and other affected persons, long-range plans including
regional approaches to promote reuse, to provide land reclamation
in sparsely populated areas, and in urban areas necessary
disposal facilities.
(i) Provide for the adoption and enforcement of recycling rates
and standards as well as performance standards necessary for
safe, economic and proper solid waste management.
(j) Provide authority for counties to establish a coordinated
program for solid waste management, to regulate solid waste
management and to license or franchise the providing of service
in the field of solid waste management.
(k) Encourage utilization of the capabilities and expertise of
private industry.
(L) Promote means of preventing or reducing at the source,
materials which otherwise would constitute solid waste.
(m) Promote application of material or energy recovery systems
which preserve and enhance the quality of air, water and land
resources.
SECTION 2. ORS 459A.010 is amended to read:
459A.010. (1) It is the goal of the State of Oregon
that { + : + } { - by January 1, 2000, the amount of recovery
from the general solid waste stream shall be at least 50
percent. - }
Enrolled House Bill 3744 (HB 3744-A) Page 2
{ + (a) For the calendar year 2005, the amount of recovery
from the general solid waste stream shall be at least 45 percent;
(b) For the calendar year 2009, the amount of recovery from the
general solid waste stream shall be at least 50 percent;
(c) For the calendar year 2005 and subsequent years, that there
be no annual increase in per capita municipal solid waste
generation; and
(d) For the calendar year 2009 and subsequent years, that there
be no annual increase in total municipal solid waste
generation. + }
(2) In addition to the requirements of ORS 459A.005, the '
opportunity to recycle' shall include the requirements of
subsection (3) of this section using the following program
elements:
(a) Provision of at least one durable recycling container to
each residential service customer.
(b) On-route collection at least once each week of source
separated recyclable material to residential customers, provided
on the same day that solid waste is collected from each customer.
(c) An expanded education and promotion program conducted to
carry out the policy set forth in ORS 459.015, to inform solid
waste generators of the manner and benefits of reducing, reusing,
recycling and composting material and to promote use of recycling
services. The city, county or metropolitan service district
responsible for providing an opportunity to recycle under ORS
459A.005 and this section shall provide the education and
promotion program in either of the following two ways:
(A) Preparing and implementing an education and promotion plan
that includes actions to effectively reach solid waste generators
and all new and existing collection service customers, as
necessary to fulfill the intent of this paragraph. The plan shall
be submitted to the Department of Environmental Quality the first
year that the plan is in effect. Thereafter, the wasteshed shall
submit a summary of activities in the plan to the Department of
Environmental Quality at the same time the county submits the
periodic report required under ORS 459A.050 (1)(a). The summary
shall cover at least the time period until the next periodic
report 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
service customers that include at a minimum the materials
collected, the schedule for collection, the way to prepare
materials for collection and the reasons persons should separate
their material for recycling. The educational and promotional
materials provided to commercial collection customers should be
targeted to meet the needs of various types of businesses and
should include reasons to recycle, including economic benefits,
common barriers to recycling and solutions, additional resources
for commercial generators of solid waste and other information
designed to assist and encourage recycling efforts. The
educational and promotional materials provided to commercial
collection customers shall encourage each commercial collection
customer to have a goal to achieve 50 percent recovery from its
solid waste stream by the year { - 2000 - } { + 2009 + }.
(ii) Provision of recycling information in a variety of formats
and materials at least four times a calendar year to collection
service customers that includes at a minimum the materials
collected and the schedule for collection.
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(iii) Provision at least annually to all residential,
commercial and institutional collection service customers, of the
information under sub-subparagraph (i) of this subparagraph.
(iv) Targeting of community and media events to promote
recycling.
(d) Collection of at least four principal recyclable materials
or the number of materials required to be collected under the
residential on-route collection program, whichever is less, from
each multifamily dwelling complex having five or more units. The
multifamily collection program shall include promotion and
education directed to the residents of the multifamily dwelling
units.
(e) An effective residential yard debris collection and
composting program that includes the promotion of home composting
of yard debris, and that also includes either:
(A) Monthly or more frequent on-route collection of yard debris
from residences for production of compost or other marketable
products; or
(B) A system of yard debris collection depots conveniently
located and open to the public at least once a week.
(f) A commercial recycling program that includes:
(A) Weekly, or on a more appropriate regular schedule, onsite
collection of source separated principal recyclable materials
from, at a minimum, commercial solid waste generators employing
10 or more persons and occupying 1,000 square feet or more in a
single location.
(B) An education and promotion program conducted to inform all
commercial generators of solid waste of the manner and benefits
of the commercial recycling program that provides effective
promotion of the program to the generators.
(C) In addition to the requirements of subparagraphs (A) and
(B) of this paragraph, a commercial recycling program may also
consist of other elements including but not limited to waste
assessments and recycling recognition programs. A wasteshed is
encouraged to involve local business organizations in publicly
recognizing outstanding recycling efforts by commercial
generators of solid waste. The recognition may include awards
designed to provide additional incentives to increase recycling
efforts.
(D) Each commercial generator of solid waste shall strive to
achieve 50 percent recovery from its solid waste stream by the
year { - 2000 - } { + 2009 + }.
(g) Expanded depots for recycling of at least all principal
recyclable materials and provisions for promotion and education
to maximize the use of the depots. The depots shall have regular
and convenient hours and shall be open on the weekend days and,
when feasible, shall collect additional recyclable materials.
(h) Solid waste residential collection rates that encourage
waste reduction, reuse and recycling through reduced rates for
smaller containers, including at least one rate for a container
that is 21 gallons or less in size. Based on the average weight
of solid waste disposed per container for containers of different
sizes, the rate on a per pound disposed basis shall not decrease
with increasing size of containers, nor shall the rates per
container service be less with additional containers serviced.
(i) A collection and composting system for food, paper that is
not recyclable because of contamination and other compostable
waste from commercial and institutional entities that generate
large amounts of such wastes.
Enrolled House Bill 3744 (HB 3744-A) Page 4
(3)(a) Each city with a population of at least 4,000 but not
more than 10,000 that is not within a metropolitan service
district and any county responsible for the area between the city
limits and the urban growth boundary of such city shall implement
one of the following:
(A) The program elements set forth in subsection (2)(a), (b)
and (c) of this section;
(B) A program that includes at least three elements set forth
in subsection (2) of this section; or
(C) An alternative method of achieving recovery rates that
complies with rules of the Environmental Quality Commission.
(b) Each city that is within a metropolitan service district or
that has a population of more than 10,000 and any county
responsible for the area within a metropolitan service district
or the area between the city limits and the urban growth boundary
of such city shall implement one of the following:
(A) Program elements set forth under subsection (2)(a), (b) and
(c) of this section and one additional element set forth under
subsection (2) of this section;
(B) A program that includes at least five elements set forth
under subsection (2) of this section; or
(C) An alternative method of achieving recovery rates that
complies with rules of the Environmental Quality Commission.
(4)(a) Recovery rates shall be determined by dividing the total
weight of material recovered by the sum of the total weight of
the material recovered plus the total weight of solid waste
disposed that was generated in each wasteshed. It is the policy
of the State of Oregon that recovery of material shall be
consistent with the priority of solid waste management in ORS
459.015 (2).
{ - Therefore, except as provided in subsection (6) of this
section, recovery rates shall include all material collected for
recycling, both source separated or sorted from solid waste,
including yard debris. - }
(b) Each wasteshed implementing a waste prevention program
shall receive a two percent credit on the wasteshed's recovery
rate. A waste prevention program shall include:
(A) A wasteshed-wide program to provide general educational
materials to residents about waste prevention and examples of
things residents can do to prevent generation of waste; and
(B) Two of the following:
(i) Reduce the wasteshed annual per capita waste generation by
two percent each year;
(ii) Conduct a waste prevention media promotion campaign
targeted at residential generators;
(iii) Expand the education program in primary and secondary
schools to include waste prevention and reuse;
(iv) Household hazardous waste prevention education program;
(v) Local governments will conduct waste prevention assessments
of their operations, or provide waste prevention assessments for
businesses and institutions and document any waste prevention
measures implemented;
(vi) Conduct a material specific waste prevention campaign for
businesses throughout the wasteshed; { - or - }
(vii) Implement a Resource Efficiency Model City program
{ - . - } { + ;
(viii) Conduct a material-specific waste prevention education
campaign that focuses on a toxic or energy-intensive material;
(ix) Local governments will implement programs to buy
recycled-content products for their operations, consistent with
Enrolled House Bill 3744 (HB 3744-A) Page 5
procurement guidelines issued by the United States Environmental
Protection Agency; or
(x) Local governments will implement programs for new
construction and remodeling of local government buildings that
incorporate recycled-content materials, energy conservation
features, water conservation and stormwater management features
and other elements to increase the resource efficiency and lower
the environmental impact of these buildings. + }
(c) Each wasteshed implementing a reuse program shall receive a
two percent credit on the wasteshed's recovery rate. A reuse
program shall include:
(A) A promotion and education campaign on the benefits and
opportunities for reuse available 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 and equipment vendors, such as computer and
photocopier refurbishers, to the public and businesses;
(iii) Identify and promote local businesses that will take back
white goods for refurbishing and resale to the public;
(iv) Develop and promote use of waste exchange programs for the
public and private sectors;
(v) Site accommodation for recovery of reusable material at
transfer stations and landfills; or
(vi) Sidewalk pickup or community fair program in cities over
4,000 population in the wasteshed.
(d) Each wasteshed implementing a residential composting
program shall receive a two percent credit on the wasteshed's
recovery rate. A residential composting program shall include:
(A) Promotion of the residential composting program through
public information and demonstration sites or sites; and
(B) Two of the following:
(i) A program to encourage leaving grass clippings generated by
lawn mowing on-site rather than bagging the clippings for
disposal or composting;
(ii) A composting program for local schools;
(iii) An increase in availability of compost bins for
residents; or
(iv) Another program increasing a household's ability to manage
yard trimmings or food wastes.
{ + (e) A wasteshed may receive, upon application to the
Department of Environmental Quality, a recovery credit greater
than two percent for a residential composting program. To receive
the recovery credit under this paragraph, the wasteshed must
provide quantitatively verifiable documentation of residential
composting tonnage to the department. The documentation must show
that more than two percent of the wasteshed's generated tonnage
of solid waste is diverted from the wastestream by residential
composting. + }
{ - (e) - } { + (f)(A) + } If there is not a viable market
for recycling a material under paragraph (a) of this subsection,
the composting or burning of the material for energy recovery may
be included in the recovery rate for the wasteshed.
{ + (B) If the material is burned for energy recovery and
then included in the recovery rate for Clackamas, Multnomah or
Washington Counties in aggregate or for Benton, Lane, Linn,
Marion, Polk or Yamhill County wastesheds, the same material,
when burned as part of mixed solid waste, may be included in the
Enrolled House Bill 3744 (HB 3744-A) Page 6
recovery rate for a wasteshed that burns mixed solid waste for
energy recovery. The amount of the material within the mixed
solid waste that may be included in the recovery rate for energy
recovery shall be determined by a waste composition study
performed by the wasteshed at least every four years.
(C) + } Mixtures of materials that are composted or burned for
energy recovery shall not be included in the recovery rate if
more than half of the { + mixed + } materials by weight could
have been recycled if properly source separated.
{ + (D) + } In its annual report to the department, the
county or metropolitan service district shall state how much
composting or energy recovery under this paragraph is included as
recovery and state the basis for the determination that there was
not a viable market for recycling the material.
{ + (E) + } As used in this paragraph, 'viable market' means
a place within a wasteshed that will pay for the material or
accept the material free of charge or a place outside a wasteshed
that will pay a price for the material that, at minimum, covers
the cost of transportation of the material.
{ - (f) - } { + (g) + } Recovery rates shall not include:
(A) Industrial and manufacturing wastes such as boxboard
clippings and metal trim that are recycled before becoming part
of a product that has entered the wholesale or retail market.
(B) Metal demolition debris in which arrangements are made to
sell or give the material to processors before demolition such
that it does not enter the solid waste stream.
(C) Discarded vehicles or parts of vehicles that do not
routinely enter the solid waste stream.
(D) Material recovered for composting or energy recovery from
mixed solid waste, except as provided in paragraph { - (e) - }
{ + (f) + } of this subsection { - and in subsection (6)(a) of
this section - } .
{ - (E) Mixed solid waste burned for energy recovery. - }
{ - (g) - } { + (h) + } 'Solid waste disposed' shall mean
the total weight of solid waste disposed other than the
following:
(A) Sewage sludge or septic tank and cesspool pumpings;
(B) Waste disposed of at an industrial waste disposal site;
(C) Industrial waste, ash, inert rock, dirt, plaster, asphalt
and similar material if delivered to a municipal solid waste
disposal site or demolition disposal site and if a record is kept
of such deliveries and submitted as part of the annual report
submitted under ORS 459A.050;
(D) Waste received at an ash monofill from an energy recovery
facility; and
(E) Solid waste not generated within this state.
{ + (i) The statewide recovery rate shall include the two
percent credit for reuse programs under paragraph (c) of this
subsection and the credit for residential composting under
paragraphs (d) and (e) of this subsection, beginning with the
statewide recovery rate calculated for the calendar year
2001. + }
(5)(a) Each local government that franchises or licenses the
collection of solid waste and establishes the rates to be charged
for collection service shall either:
(A) Include in those rates all net costs incurred by the
franchisee or licensee for providing the 'opportunity to recycle'
under ORS 459A.005 and for implementing the requirements of
subsection (3) of this section; or
Enrolled House Bill 3744 (HB 3744-A) Page 7
(B) Fund implementation of the 'opportunity to recycle ' under
ORS 459A.005 or the requirements of subsection (3) of this
section through an alternative source of funding including but
not limited to disposal fees.
(b) As used in this subsection, 'net costs' includes but is not
limited to the reasonable costs for collecting, handling,
processing, storing, transporting and delivering recyclable
material to market and for providing any required education and
promotion or data collection services adjusted by a factor to
account for proceeds from the sale of recyclable material.
(6)(a) Clackamas, Multnomah and Washington counties, in
aggregate, shall achieve a recovery rate of { - 45 - } { +
62 + } percent for the calendar year { - 1995 - } { + 2005
and 64 percent for the calendar year 2009 + }. { - No more than
five percent of the recovery level may be achieved by the
processing of mixed solid waste compost. If the metropolitan
service district does not develop a mixed solid waste composting
process, the recovery rate for Clackamas, Multnomah and
Washington counties, in aggregate, shall be 40 percent for the
calendar year 1995. - }
{ - (b) The following wastesheds shall achieve a recovery
rate of 30 percent for the calendar year 1995: - }
{ - (A) Benton County; - }
{ - (B) Lane County; - }
{ - (C) Linn County; - }
{ - (D) Marion County; - }
{ - (E) Polk County; and - }
{ - (F) Yamhill County. - }
{ - (c) The following wastesheds shall achieve a recovery
rate of 25 percent for the calendar year 1995: - }
{ - (A) Clatsop County; - }
{ - (B) Columbia County; - }
{ - (C) Deschutes County; - }
{ - (D) Douglas County; - }
{ - (E) Hood River County; - }
{ - (F) Jackson County; - }
{ - (G) Josephine County; and - }
{ - (H) Wasco County. - }
{ - (d) The following wastesheds shall achieve a recovery
rate of 15 percent for the calendar year 1995: - }
{ - (A) Baker County; - }
{ - (B) Coos County; - }
{ - (C) Crook County; - }
{ - (D) Curry County; - }
{ - (E) Klamath County; - }
{ - (F) Lincoln County; - }
{ - (G) Malheur County; - }
{ - (H) Tillamook County; - }
{ - (I) Umatilla County; - }
{ - (J) Union County; and - }
{ - (K) The City of Milton-Freewater. - }
{ - (e) The following wastesheds shall achieve a recovery
rate of seven percent for the calendar year 1995: - }
{ - (A) Gilliam County; - }
{ - (B) Grant County; - }
{ - (C) Harney County; - }
{ - (D) Jefferson County; - }
{ - (E) Lake County; - }
{ - (F) Morrow County; - }
{ - (G) Sherman County; - }
Enrolled House Bill 3744 (HB 3744-A) Page 8
{ - (H) Wallowa County; and - }
{ - (I) Wheeler County. - }
{ + (b) The wastesheds shall achieve the following recovery
rates for the calendar year 2005:
(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 following recovery rates
for the calendar year 2009:
(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;
Enrolled House Bill 3744 (HB 3744-A) Page 9
(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 individualized plan that
identifies policies or programs specific to the wasteshed's local
conditions to achieve the required recovery goals. The plan shall
be available to the department upon the department's request by
December 31, 2001. The plan shall be updated by December 31,
2006, and updated again by December 31, 2010. Clackamas,
Multnomah and Washington Counties, in aggregate, may meet this
requirement through the programs under ORS 459.340, 459.345,
459.350 and 459A.050.
(e) If a wasteshed does not achieve its 2005 or 2009 waste
recovery goal, the wasteshed shall conduct a technical review of
existing policies or programs and determine revisions to meet the
recovery goal. The department shall, upon the request of the
wasteshed, assist in the technical review. The wasteshed may
request, and may assist the department in conducting, a technical
review to determine whether the wasteshed goal is valid. + }
{ - (7) In any wasteshed set forth in subsection (6)(b) of
this section using, on or before July 1, 1991, an energy recovery
facility to dispose of its solid waste, the recovery rate shall
be 25 percent until the solid waste disposed of from within the
wasteshed exceeds 180,000 tons. Any solid waste disposed of by
the wasteshed in excess of 180,000 tons shall achieve a recovery
rate of 30 percent. - }
{ - (8) On or before July 1, 1998, the local government units
responsible for solid waste management in each wasteshed
identified under this section shall jointly adopt a recovery goal
for the wasteshed. On behalf of each wasteshed, each county or
another entity designated by the local government units in the
wasteshed shall notify the Department of Environmental Quality on
or before July 1, 1998, of the recovery goal adopted for the
wasteshed. The wasteshed recovery goal shall be at least as high
as the higher of: - }
{ - (a) The recovery rate for the wasteshed set forth in
subsection (6) of this section; or - }
{ - (b) The actual recovery rate achieved by the wasteshed
for the 1996 calendar year. - }
{ - (9) If a wasteshed fails to achieve the recovery rate set
forth in subsection (6) or (7) of this section, any city with a
population of more than 4,000 or a county responsible for the
area between the city limits and the urban growth boundary of
such city shall institute, not later than January 1, 1998, two
additional program elements as set forth in subsection (2) of
this section. - }
{ - (10) If a wasteshed achieves and maintains the recovery
rate set forth in subsection (6) or (7) of this section,
subsection (9) of this section shall not apply. - }
Enrolled House Bill 3744 (HB 3744-A) Page 10
{ - (11) - } { + (7) + } In calculating the
{ + recovery + } rates set forth in subsection (6) { - or
(8) - } of this section, commercial, industrial and demolition
scrap metal, vehicles, major equipment and home or industrial
appliances that are handled or processed for use in manufacturing
new products and that do not routinely enter the solid waste
stream through land disposal facilities, transfer stations,
recycling depots or on-route collection programs shall not be
counted as material recovery or recycling. The department shall
annually conduct an industry survey to determine the contribution
of post-consumer residential scrap metal, including home
appliances, to recycling and recovery levels in a manner which
prevents double counting of material recovered. Information
collected under the provisions of this section, as it relates
specifically to private sector customer lists or specific amounts
and types of materials collected or marketed, shall be maintained
as confidential by the department and exempt from disclosure
under ORS 192.410 to 192.505. The department may use and disclose
such information in aggregated form.
SECTION 3. ORS 459A.065 is amended to read:
459A.065. (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 { - source separate - } { + recycle + }
identified recyclable material { + that has been source
separated + } from other solid waste
{ - and - } { + 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 { - and - } { + 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.
SECTION 4. ORS 459A.050 is amended to read:
459A.050. (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 report, as required by the department, but not
more frequently than annually, that documents how the wasteshed
and the cities within the wasteshed are implementing the
opportunity to recycle, including the requirements of ORS
459A.010. A wasteshed is encouraged to report the results of the
Enrolled House Bill 3744 (HB 3744-A) Page 11
wasteshed's commercial recycling program evaluations in the
wasteshed's periodic report to the Department of Environmental
Quality.
(b) An annual report that states for the wasteshed the type of
material and the weight of each type of material collected
through the following means:
(A) On-route collection;
(B) Collection from commercial customers; and
(C) Collection at disposal site recycling depots.
(c) If solid waste generated in the wasteshed is disposed of
outside of the state, the total weight of the solid waste
disposed of outside the state, which shall be included in the
annual report.
(2) The metropolitan service district for Multnomah, Washington
and Clackamas counties and the cities therein in aggregate shall
submit to the department annual reports that include the
information required under subsection (1) of this section.
(3) Except as provided in subsection (4) of this section and
subject to the exclusions of ORS 459A.010 { - (4)(g) - } { +
(4)(h) + }, each solid waste disposal site that receives solid
waste, except transfer stations, shall report, for each
wasteshed, the weight of in-state solid waste disposed of at the
solid waste disposal site that was generated in each wasteshed.
(4) The metropolitan service district for Multnomah, Washington
and Clackamas counties and the cities therein in aggregate shall
submit to the department the weight of solid waste disposed of
through the following facilities:
(a) Metropolitan service district central transfer station;
(b) Metropolitan service district south transfer station;
(c) Municipal solid waste compost facility; and
(d) Any disposal facility or transfer facility owned, operated
or under contract by the metropolitan service district.
(5) The cities and counties within each wasteshed shall share
proportionally in the costs incurred for the preparation and
submission of the annual report required under this section.
(6) At least annually, the department shall survey privately
operated recycling and material recovery facilities, including
but not limited to buy back centers, drop off centers, recycling
depots other than those at permitted land disposal facilities,
manufacturers and distributors. The department shall collect the
following information:
(a) By type of material for each wasteshed, the weight of
in-state material collected from other than on-route collection
programs, both residential and commercial.
(b) Any other information necessary to prevent double counting
of material recovered or to determine if a material is
recyclable.
(7) Information collected under subsection (6) of this section,
as it relates specifically to the entity's customer lists or
specific amounts and types of materials collected or marketed,
shall be maintained as confidential by the department and exempt
from disclosure under ORS 192.410 to 192.505. The department may
use and disclose such information in aggregated form.
(8) The information in subsections (1)(b) to (4) and (6) of
this section shall be collected and reported annually on a form
provided by the department.
(9) Unless extended by the Environmental Quality Commission
upon application under ORS 459A.055 after the affected persons
show good cause for an extension, the affected persons within the
Enrolled House Bill 3744 (HB 3744-A) Page 12
wasteshed shall implement the opportunity to recycle and submit
the recycling report to the department.
SECTION 5. ORS 459A.055 is amended to read:
459A.055. (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 a
variance from specific requirements of the rules or guidelines
adopted under ORS 459A.025 { - or if the affected person
complies with the criteria established in ORS 459A.060, from the
requirements established in ORS 459A.010 (9) - } .
(b) The Environmental Quality Commission may grant all or part
of a variance under this section.
(c) Upon granting a variance, the commission may attach any
condition the commission considers necessary to carry out the
provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.
(d) In granting a variance, the commission must find that:
(A) Conditions exist that are beyond the control of the
applicant;
(B) Special conditions exist that render compliance
unreasonable or impractical; or
(C) Compliance may result in a reduction in recycling.
(2) An affected person may apply to the commission to extend
the time permitted under ORS 459.005, 459.015, 459.035, 459.250,
459A.005 and 459A.050 for providing for all or a part of the
opportunity to recycle or submitting a recycling report to the
Department of Environmental Quality. The commission may:
(a) Grant an extension upon a showing of good cause;
(b) Impose any necessary conditions on the extension; or
(c) Deny the application in whole or in part.
SECTION 6. { + ORS 459A.060 is repealed. + }
SECTION 7. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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Passed by House May 9, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 5, 2001
...........................................................
President of Senate
Enrolled House Bill 3744 (HB 3744-A) Page 13
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3744 (HB 3744-A) Page 14