OAR 340-091-0060: Equivalents for Out of State Persons — Recycling Certification

This rule specifies how a site operator shall demonstrate to the Department that the opportunity to recycle is being implemented for waste originating outside Oregon. (1) For a Local Government Unit: a site operator shall provide the information required in subsection (a) of this section and in either subsection (b) or (d) of this section. The site operator shall provide this information to the Department no later than two years after notification to the Department of initial receipt of waste from the person: (a) The geographic boundaries of the urbanized area or proposed boundaries of the urbanized area: (A) Unless the site operator proposes otherwise in an initial recycling report and the Department approves, the urbanized area of the local government unit shall be considered to include all of the area within the incorporated limits of cities or towns of 4,000 or more population within the local government unit, plus all area that is designated as an urbanized area by the Federal Highway Administration if that Federal Highway Administration urbanized area contains an incorporated city, town, or other municipality having 4,000 or more population; (B) The site operator may propose a different boundary for the urbanized area of the local government unit. The Department shall accept the proposed urbanized area boundary if the Department finds that this boundary includes all parts of the local government unit that have substantially the same character, with respect to minimum population density and commercial and industrial density, as urbanized areas within the State of Oregon. (b) For purposes of certification under OAR 340-091-0030, the recycling requirements that apply in Oregon to areas within the urban growth boundaries of cities of 4,000 or more population or within the urban growth boundary of a metropolitan service district shall also apply to urbanized areas outside of Oregon. These requirements are the same as those described in OAR 340-090-0020, 0030 and 0040, or 0050; (c) For the purposes of certification under OAR 340-090-0030(1)(c), a site operator may on behalf of an out-of-state waste generator apply for an alternative method that involves removing recyclable material from mixed solid waste. Any such application may include one or more local government units, and shall include information on the method to be used for separating recyclable material and the percentage of the waste stream and quantity of material that is to be separated and recycled. The Department shall approve the alternative method if it finds that the alternative method will result in as much material, of as high a value in terms of resource and energy conservation, being separated from mixed waste and recycled as would have been recycled and conserved under the general method for providing the opportunity to recycle set forth in 340-090-0020, 0030, and 0040; (d) To demonstrate compliance with OAR 340-091-0030(2)(a) for a disposal site accepting waste from local government units outside of the state of Oregon, the site operator shall provide a statement of an equivalent recovery rate, as described in 340-090-0050, and justification for the selection of the appropriate recovery rate for that jurisdiction. The demonstration shall include at a minimum information on population density, distance to recycling markets for each recyclable material, and other waste composition information and demographic information necessary to justify the selected recovery rate. (2) Persons other than Local Government Unit: A disposal site accepting waste from persons, other than local government units, from outside the state of Oregon shall provide information on the composition and quantity of waste to be disposed of and a description of the opportunities available in the region and locally for recycling. The information shall include an initial recycling report as outlined in OAR 340-091-0050(5).