OAR 340-090-0090: Collection of Recyclable Materials

(1) DEQ may not require any city, county, or metropolitan service district, or agent thereof, to collect or receive source separated recyclable material which has not been correctly prepared to reasonable specifications which relate to marketing, transportation, storage, or regulatory agency requirements. The specifications for material preparation must have been publicized by the appropriate city, county or metropolitan service district as part of the education and promotion program requirements in OAR 340-090-0020, 340-090-0030, and 340-090-0040. (2) In addition to the provisions set forth in ORS 459A.080, no person shall dispose of source separated recyclable material which has been collected or received from the generator by any method other than reuse or recycling except as follows: (a) Used oil and wood waste may be collected and burned for energy recovery. (b) For covered products pursuant to ORS 459A.863(6), a method other than reuse or recycling may be used if proposed by a producer responsibility organization in a program plan, and that program plan is approved by DEQ. The proposal must include an assessment of environmental impacts and demonstration of consistency with the policy objectives contained in ORS 459.015(2)(a). (c) For any recyclable materials not included in subsections (a) or (b), a method other than reuse or recycling may be used if an assessment of the environmental impacts of the method demonstrates to DEQ’s satisfaction that the method provides better environmental outcomes and is consistent with the policy objectives contained in ORS 459.015(2)(a). (3) Commercial and residential recyclable materials that are source separated for collection on-route or on-site but that are not correctly prepared according to reasonable specifications as set forth by the city, county or metropolitan service district under section (1) of this rule may not be required to be collected and may be left with the generator of the source separated material or may be collected and prepared for recycling by the collector, but may not be disposed of by the collector. The generator of the material must be provided with written information that explains correct material preparation for the purposes of educating the generator. (4) Unauthorized materials that are deposited by the generator at a recycling depot are exempt from the prohibition in sections (1), (2), and (3) of this rule and must be managed in the appropriate manner otherwise required by law. (5) Collected recyclable material later found to be contaminated with hazardous substances are exempt from the prohibition in sections (1), (2), and (3) of this rule and must be managed in an appropriate manner otherwise required by law.