71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3094
House Bill 3744
Sponsored by Representative CLOSE (at the request of Oregon
Refuse and Recycling Association, Association of Oregon
Recyclers)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Revises legislative findings concerning solid waste recovery.
Sets goals for reduction of solid waste generation and individual
and statewide wasteshed solid waste recovery. Allows application
of two percent credit for reuse and composting programs to
statewide recovery rate. Requires Department of Environmental
Quality to develop strategies to meet goals and to develop waste
prevention program options and implementation guidelines for
wastesheds. Revises recovery rates for mixed solid waste burned
for energy recovery. Requires individual wastesheds to prepare
plan for required recovery goals. Permits individual wastesheds
to apply for greater credit for reuse and composting program.
Grants Environmental Quality Commission discretion to require
class of solid waste generators to recycle.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to solid waste recovery; creating new provisions;
amending ORS 459.015, 459A.010 and 459A.065; 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. - }
{ + (a) 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,
increasing solid waste disposal and toxic products in the solid
waste stream.
(b) It is in the best interests of the people of Oregon to
conserve resources and energy and reduce toxicity and emissions
through developing an economy that encourages waste prevention
and recycling. The state shall make it a priority to support
efforts that:
(A) In design, production and delivery of products and
services, reduce waste at its source;
(B) Use materials, energy and water as efficiently as is
practicable;
(C) Place greater emphasis on materials management in the
design, production and distribution processes;
(D) Maximize the useful life of products through product reuse
and through the design, manufacture and use of more durable
products and products that are more easily repaired;
(E) Provide the opportunity to recycle to every person in
Oregon; and
(F) Assist each wasteshed in meeting its recovery goal so the
statewide recovery goal may be reached. + }
(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;
(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 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. { + (1) The following are goals of the State of
Oregon to reduce waste generation and the environmental impacts
related to resource consumption:
(a) A ___ percent annual reduction in per capita municipal
solid waste generation by the calendar year 2005 and for
subsequent years.
(b) A ___ percent annual reduction in total municipal solid
waste generation by the calendar year 2009 and for subsequent
years.
(c) A ___ percent annual reduction in the disposal of
persistent bioaccumulative toxins.
(2) To achieve the goals listed in subsection (1) of this
section, the Department of Environmental Quality shall do the
following:
(a) By December 31, 2002:
(A) Identify the 10 products in the waste stream that contain
the greatest volume of persistent bioaccumulative toxins.
(B) In consultation with product users, manufacturers,
distributors, government agencies, nonprofit organizations and
businesses, develop a strategy to keep persistent bioaccumulative
toxins out of the waste stream. The strategy shall focus on the
design, manufacture, distribution, use and recovery of products
containing persistent bioaccumulative toxins.
(C) Report to the appropriate legislative interim committees.
(b) By December 31, 2003, and in consultation with businesses,
nonprofit organizations, federal, tribal, state and local
agencies and institutions of higher education:
(A) Develop a strategy to achieve the goals listed in
subsection (1) of this section.
(B) Develop a strategy to reduce greenhouse gas emissions
resulting from waste generation and management.
(C) Report to the appropriate legislative interim committees.
The report shall include but not be limited to recommendations on
policies, programs and resources needed to implement the
strategies.
(c) Convene an advisory group to monitor, measure and report
progress in achieving the goals by using information collection
programs. The department shall report to the Seventy-third
legislature regarding the progress. + }
SECTION 3. ORS 459A.010 is amended to read:
459A.010. (1) It is the goal of the State of Oregon that
{ - by January 1, 2000 - } { + :
(a) For the calendar year 2005 + }, the amount of recovery from
the general solid waste stream shall be at least { - 50 - }
{ + ___ + } percent { + ;
(b) For the calendar year 2007, the amount of recovery from the
general solid waste stream shall be at least ___ percent; and
(c) For the calendar year 2009, the amount of recovery from the
general solid waste stream shall be at least 50 percent + }.
(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.
(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.
(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 - } { + ___ + } .
(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.
(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. - }
{ + (b) The Department of Environmental Quality shall develop
waste prevention program options and implementation guidelines
for wastesheds that are consistent with the waste prevention
goals and policy directives of the state for solid waste
management. Wastesheds shall be able to receive a two percent
credit on the wasteshed's recovery rate, in one percent
increments. Program options shall include but are not limited to
programs that address:
(A) Waste generation;
(B) Waste toxicity;
(C) Purchase of recycled content products;
(D) Persistent bioaccumulative toxins;
(E) Greenhouse gas emissions; and
(F) Generator-specific technical assistance. + }
(c) Each wasteshed implementing a reuse program shall receive a
two percent credit on the wasteshed's recovery rate. { + A
wasteshed may apply to the Department of Environmental Quality
for receipt of greater credit for its reuse program if the
wasteshed meets criteria established by the department. + } 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 wasteshed may apply to the Department of
Environmental Quality for receipt of greater credit for its
residential composting program if the wasteshed meets criteria
established by the department. + }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) 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. 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 materials by weight
could have been recycled if properly source separated. 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. 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) 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) of this
subsection and in subsection (6)(a) of this section.
(E) Mixed solid waste burned for energy recovery { + except
for individual materials within mixed solid waste burned for
energy recovery that are included in the recovery rate by
Clackamas, Multnomah and Washington Counties in aggregate or
Marion, Benton, Lane, Linn, Polk or Yamhill County wastesheds.
The amount of those materials within the mixed solid waste to be
included in the recovery rate for a wasteshed that burns mixed
solid waste for energy recovery shall be determined by a waste
composition study performed by the wasteshed at least every four
years + }.
(g) '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.
{ + (h) Notwithstanding the exceptions in paragraphs (f) and
(g) of this subsection, the department shall adopt rules allowing
certain types of industrial waste, scrap metal and limited inerts
to be included in the recovery rate if the waste is regularly
disposed of at a nonindustrial site disposal facility.
(i) The statewide recovery rate shall include the two percent
credits for reuse under paragraph (c) of this subsection and the
two percent credits for residential composting under paragraph
(d) of this subsection, beginning with the recovery rate
calculated for the calendar year 2001. The Department of
Environmental Quality shall adopt rules implementing this
requirement. + }
(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
(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 - } { +
___ + } percent for the calendar year { - 1995 - } { + 2005
and ___ 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 - } { + 2005 and ___
percent for the calendar year 2007 + }.
{ - (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; - }
{ - (H) Wallowa County; and - }
{ - (I) Wheeler County. - }
{ + (b) The wastesheds shall achieve the following recovery
rates for the calendar year 2005:
(A) Lane County, ___ percent;
(B) Marion County, ___ percent;
(C) Linn County, ___ percent;
(D) Yamhill County, ___ percent;
(E) Benton County, ___ percent;
(F) Polk County, ___ percent;
(G) Jackson County, ___ percent;
(H) Deschutes County, ___ percent;
(I) Douglas County, ___ percent;
(J) Josephine County, ___ percent;
(K) Clatsop County, ___ percent;
(L) Columbia County, ___ percent;
(M) Wasco County County, ___ percent;
(N) Hood River County, ___ percent;
(O) Klamath County, ___ percent;
(P) Umatilla County, ___ percent;
(Q) Lincoln County, ___ percent;
(R) Coos County, ___ percent;
(S) Malheur County, ___ percent;
(T) Union County, ___ percent;
(U) Tillamook County, ___ percent;
(V) Crook County, ___ percent;
(W) Wheeler County, ___ percent;
(X) Baker County, ___ percent;
(Y) Curry County, ___ percent;
(Z) City of Milton-Freewater, ___ percent;
(AA) Jefferson County, ___ percent;
(BB) Lake County, ___ percent;
(CC) Morrow County, ___ percent;
(DD) Wallowa County, ___ percent;
(EE) Grant County, ___ percent;
(FF) Harney County, ___ percent;
(GG) Gilliam County, ___ percent; and
(HH) Sherman County, ___ percent.
(c) The wastesheds shall achieve the following recovery rates
for the calendar year 2009:
(A) Lane County, ___ percent;
(B) Marion County, ___ percent;
(C) Linn County, ___ percent;
(D) Yamhill County, ___ percent;
(E) Benton County, ___ percent;
(F) Polk County, ___ percent;
(G) Jackson County, ___ percent;
(H) Deschutes County, ___ percent;
(I) Douglas County, ___ percent;
(J) Josephine County, ___ percent;
(K) Clatsop County, ___ percent;
(L) Columbia County, ___ percent;
(M) Wasco County, ___ percent;
(N) Hood River County, ___ percent;
(O) Klamath County, ___ percent;
(P) Umatilla County, ___ percent;
(Q) Lincoln County, ___ percent;
(R) Coos County, ___ percent;
(S) Malheur County, ___ percent;
(T) Union County, ___ percent;
(U) Tillamook County, ___ percent;
(V) Crook County, ___ percent;
(W) Wheeler County, ___ percent;
(X) Baker County, ___ percent;
(Y) Curry County, ___ percent;
(Z) City of Milton-Freewater, ___ percent;
(AA) Jefferson County, ___ percent;
(BB) Lake County, ___ percent;
(CC) Morrow County, ___ percent;
(DD) Wallowa County, ___ percent;
(EE) Grant County, ___ percent;
(FF) Harney County, ___ percent;
(GG) Gilliam County, ___ percent; and
(HH) Sherman County, ___ 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 request by December 31, 2001.
The plan shall be updated by December 31, 2006, and again by
December 31, 2010. The wasteshed of Clackamas, Multnomah and
Washington Counties in aggregate may meet this requirement
through the waste reduction program under ORS 459.340, 459.345,
459.350 and 459A.050.
(e) If a wasteshed does not meet its 2005 or 2009 waste
recovery goal, it shall conduct a technical review of existing
policies or programs and determine revisions to meet the recovery
goal. The department shall assist in the technical review. The
wasteshed may petition and assist the department to conduct a
technical review to determine if the wasteshed goal is still
valid. + }
(7) In any { - wasteshed set forth in subsection (6)(b) of
this section - } { + of the Benton, Lane, Linn, Marion, Polk or
Yamhill County wastesheds + } 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.
(11) In calculating the 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 4. ORS 459A.065 is amended to read:
459A.065. (1) Upon findings made under subsection { - (3) - }
{ + (2) + } 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 identified recyclable material from other solid waste
and make the material available for recycling - } { +
recycle + }.
{ - (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 making the material available for
recycling or reuse. - }
{ - (3) - } { + (2) + } 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) - } { + (3) + } 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 5. { + 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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