OAR 340-090-0370: Recycling Rate Compliance

A rigid plastic container may comply with OAR 340-090-0350(1)(b) by meeting one of the following criteria: (1) The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340-090-0380(2), is at least 25%. (2) It is a specified type of rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%: (a) A manufacturer using this recycling rate option may designate the type of rigid plastic containers on which the recycling rate will be based. This becomes the specified-type. A specified-type may be designated using any one or combination of the following characteristics: (A) Type of plastic resin used to manufacture the container, for example HDPE, natural HDPE, colored HDPE, PETE, PVC; (B) Shape and design of the container, for example all bottles, all tubs, all gallon jugs, all buckets; (C) Use of the container, for example milk bottles, non-milk dairy containers, household chemical containers, or other generic product lines; (D) Other specified characteristics of the container. (b) The characteristics used to identify a specified type of rigid plastic container may not exclude or limit it to an individual product-associated container. (3)(a) It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%; (b) A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line: (A) The brand of product in the container (Example: all Brand X products or all Brand Y products); (B) The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil); (C) The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars); (D) The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers); (E) Other specific characteristics or combination of characteristics which are brand specific. (4) A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to DEQ and are verifiable.