OAR 340-091-0040: Decertification, Recertification, and Variances

(1) Certified persons shall be decertified if the Department finds, through its review of the recycling reports (periodic opportunity to recycle report and annual recovery rate report) submitted under OAR 340-090-0100 or 340-091-0050, or through other information that becomes known to the Department, that the opportunity to recycle is no longer being provided. Certified local governments shall also be decertified if any report required under OAR 340-090-0100 or 340-091-0050 is not submitted. The procedure used for the decertification is as follows: (a) The Department shall notify the disposal site that receives the waste and the affected persons who participated in preparing the most recent recycling report of the proposed decertification, based on written findings; (b) An affected person may: (A) Request a meeting with the Department to review the Department’s findings, which meeting may include all or some of the persons who prepared the report; or (B) Correct the deficiencies that the Department found regarding the opportunity to recycle. (c) For persons that have previously been certified under OAR 340-091-0030, the Department shall grant a reasonable extension of time of at least 60 days to permit the affected persons to correct any deficiencies in providing the opportunity to recycle. The disposal site permittee may submit, or cause to be submitted, information to the Department during this period to demonstrate that any deficiencies have been corrected and the opportunity to recycle is being provided; (d) If the Department finds, after a reasonable extension of time, that the opportunity to recycle is still not implemented by or for the person, the Director of the Department shall notify the Commission, and shall send a notice to the disposal site that receives wastes from the person and to the affected persons who participated in the preparation of the most recent recycling report. This notice shall indicate how comments on the Department’s findings can be directed to the Commission; (e) If requested by the disposal site permittee or by another affected person within 30 days after notification under subsection (d) of this section, the Commission shall hold a public hearing; (f) If, after review of the public record, and based on the Department’s findings on review of the recycling report and other information made known to the Department, the Commission determines that all or part of the opportunity to recycle is not being provided, the Commission shall act to decertify the person and shall set an effective date for the decertification, subject to the requirements and right of appeal set forth in ORS 183.310 to 183.550. (2) If a person has been decertified under section (1) of this rule, the disposal site permittee may apply to the Department for recertification by supplying, or causing to be supplied, information to demonstrate that all deficiencies have been corrected and that the opportunity to recycle is being provided. If the Department determines that the opportunity to recycle is being provided, the Department shall so certify, and shall provide notice of the certification to the affected disposal site permittee. (3) Upon written application, the Commission may, to accommodate special conditions grant a variance from specific requirements of rules adopted with regards to providing the opportunity to recycle. The procedure for adopting such a variance and the powers of the Commission shall be as set forth in ORS 459A.055.