OAR 340-091-0010: Purpose for Waste Reduction Programs and Recycling Certification

(1) The Commission’s purpose in adopting rules OAR 340-091-0010 through 340-091-0090 for waste reduction programs pursuant to ORS 459.055 and 468.220 and for certifying that a sufficient opportunity to recycle is provided pursuant to ORS 459.305 is to: (a) Conserve valuable landfill space by insuring that the persons who generate the garbage going to a disposal site have the opportunity to recycle, and that the amount of recyclable material being disposed of is reduced as much as is practical; (b) Protect groundwater resources and the environment and preserve public health by reducing the waste going to landfills; and (c) Conserve energy and natural resources by promoting the reuse and recycling of materials as a preferred alternative to disposal. (2) The purpose as stated in section (1) of this rule is to apply regardless of the state or jurisdiction in which the waste was generated. (3) The Department shall not have enforcement authority regarding the requirements of ORS 459A.005 to 459A.085 and 459.250, or rules adopted under these statutory requirements, for out-of-state persons other than the ability to accept or reject waste reduction programs and determine whether or not waste reduction programs are being implemented, thus restricting the disposal of wastes in a landfill when an adequate opportunity to recycle has not been provided to the generators of the wastes, or where an approved waste reduction program is not being implemented in the area where the waste is generated. (4) It is the intent of the Commission that where a local government requests funding, technical or landfill assistance under ORS 459.047 through 459.057 or 468.220, the local government shall make a good faith effort toward development, implementation and evaluation of waste reduction programs.