Or. Admin. Code § 340-090-0042

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-090-0042 - Waste Prevention and Reuse Programs

(1) As required by ORS 459A.007, certain local governments must implement the waste prevention education and reuse program element listed in section (2) in this rule and choose two or four additional elements from sections (3) through (8) of this rule, depending on the local governments' populations and locations. Each city that is within a metropolitan service district or with a population of greater than 50,000 and each county that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 50,000 or the area outside of city limits but within a metropolitan service district urban growth boundary must implement either: the waste prevention and reuse program element in section (2) and at least four additional elements from sections (3) through (8) of this rule; or an alternative program that is designed to achieve similar benefits as this rule and complies with OAR 340-090-0080(7). Each city with a population of greater than 10,000 but no more than 50,000, that is within a county of greater than 100,000 population, and each county of greater than 100,000 population that is responsible for the area between city limits and the urban growth boundary of a city with a population of greater than 10,000 but no more than 50,000 must implement either: the waste prevention and reuse program element in section (2) and at least two additional elements from sections (3) through (8) of this rule; or an alternative program that is designed to achieve similar benefits as this rule and complies with OAR 340-090-0080(7). Waste prevention education and reuse program elements in this rule that are implemented by a county or metropolitan service district may be used by a city within the county or metropolitan service district to meet the requirements of this rule, provided that the elements are made available throughout the entire city, including the area between the city limits and the urban growth boundary of that city. Waste prevention and reuse program elements implemented by a metropolitan service district may be used by a county that includes or is within the metropolitan service district to meet the requirements of this section, provided that the elements are made available throughout the entire urban growth boundary of the metropolitan service district.

(2) Citywide or countywide education and promotion. A citywide or countywide education and promotion program about the environmental benefits of, and opportunities to reduce the generation of waste through, waste prevention and reuse.

(a) The education and promotion program must include the following components:

(A) Information for existing residential and commercial collection service customers that:

(i) Is designed to reach solid waste generators and is provided at least four times per calendar year through: written notice, an effective alternative, or some combination of both;

(ii) Describes the benefits of generating less waste in terms of the reduction in a material's environmental impact as part of its life cycle, including upstream impacts, such as resource extraction and manufacturing; and

(iii) Addresses how to generate less waste, how to reuse materials, and solutions to common challenges to waste prevention and reuse.

(B) An activity targeting at least one community or one media event each year that promotes waste prevention and reuse, such as a waste prevention booth at a county fair or a community cleanup event that includes a sale or giveaway component to encourage reuse of discarded articles. This activity or event must be in addition to any campaigns used to comply with sections (3) or (4) of this rule. An activity or event may promote waste prevention activities, reuse activities, or some combination of both.

(b) To reach the maximum number of residential and commercial solid waste generators, the education and promotion program must utilize a variety of materials and media formats to disseminate information.

(c) Each local government must submit to DEQ a program plan during the first year the plan is in effect. The plan must use either a format that DEQ provides or an alternative written format chosen by the local government. Thereafter, the local government must submit a summary of activities in the plan to DEQ at the same time the local government submits its periodic report under OAR 340-090-0100. The plan must describe how it will implement the elements in subsections (2)(a) and (3)(b) of this rule, including:

(A) A description of the information to be provided, including messages to be conveyed, program material format and general content, and schedules for distribution;

(B) A description of how the information meets the needs of various types of residential generators, such as multi-family or rural residents, and various types of commercial and institutional generators;

(C) A description of how information will be provided, such as through events, volunteer activities, community meetings and presentations, or door-to door outreach; and

(D) A description of who will provide the information, such as local government staff, collectors, depot operators, disposal site operators, and non-governmental organizations.

(3) Waste prevention campaign targeting residential generators. A waste prevention campaign targeting residential generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices. As used in this section, "consumer purchasing practices" means the act of purchasing a toxic or energy intensive material, a product containing toxic materials, or a product consisting at least 50 percent by weight of energy intensive materials. A food rescue program is not a waste prevention campaign for the purpose of complying with this section. The campaign must meet the following criteria:

(a) For either a campaign that DEQ provides or an alternative campaign that the local government chooses and DEQ approves, each local government must develop, submit to DEQ, and implement a campaign plan that:

(A) Identifies at least one specific waste generating behavior or practice targeted for change;

(B) Describes the campaign's strategy;

(C) Describes the campaign materials' general content, format, and delivery methods;

(D) Provides an implementation schedule; and

(E) Describes a performance measurement plan that specifies one or more outcomes that the local government will use to demonstrate its campaign reached the target audience or achieved its waste prevention objective.

(b) Campaign materials must include multiple components that may be used sequentially or on a rotational basis to meet the required refreshing schedule in subsection (3)(c) of this rule. Such components may include materials using:

(A) Different visual images to convey core messaging;

(B) Variations on core messaging language; or

(C) A variety of media, such as print, websites, social media, or radio.

(c) The duration of a campaign may not exceed five years, and the local government's implementation schedule must include a schedule for refreshing components of the campaign at least once every two years. To "refresh" components of a campaign means to use new or different components to deliver messages in a different way. A local government may also request, and DEQ may approve, a campaign duration or implementation schedule that differs from this subsection's schedule for refreshing components provided that the local government can demonstrate:

(A) That the campaign or one of its components has contributed to the desired behavior change; and

(B) That continuing the campaign or one of its components is likely to result in further desired changes in behavior or practices.

(d) Educational materials used in this campaign must be in addition to educational materials used to satisfy the requirements of section (2) of this rule.

(4) Waste prevention campaign targeting commercial generators. A waste prevention campaign targeting commercial or institutional generators of waste and focused on one or more toxic or energy intensive materials or consumer purchasing practices. As used in this section, "consumer purchasing practices" means the act of purchasing a toxic or energy intensive material, a product containing toxic materials, or a product consisting at least 50 percent by weight of energy intensive materials. A targeted business assistance program qualify as a campaign if that program includes components that promote changes in waste generating behavior or practices consistent with the requirements of this section and targets businesses with applicable waste generating behaviors or practices. A food rescue program is not a waste prevention campaign for the purpose of complying with this section. The campaign must meet the following criteria:

(a) For either a campaign DEQ provides or an alternative campaign the local government chooses and DEQ approves, each local government must develop, submit to DEQ, and implement a campaign plan that:

(A) Identifies at least one specific waste generating behavior or practice targeted for change;

(B) Describes the campaign's strategy;

(C) Describes the campaign materials' general content, format and delivery methods;

(D) Provides an implementation schedule; and

(b) Campaign materials must include multiple components that may be used sequentially or on a rotational basis to meet the required refreshing schedule in subsection (5)(c) of this rule. Such components may include materials using:

(A) Different visual images to convey core messaging;

(B) Variations on core messaging language; or

(C) A variety of media, such as print, websites, social media, or radio.

(A) That the campaign or one of its components has contributed to the desired behavior change; and

(B) That continuing the campaign or one of its components is likely to result in further desired changes in behavior or practices.

(d) Educational materials used in this campaign must be in addition to educational materials used to satisfy the requirements of section (2) of this rule.

(5) Education program in schools. A waste prevention and reuse education program in elementary and secondary schools must satisfy the following criteria:

(a) Each local government must develop, submit to DEQ, and implement a plan to deliver elementary and secondary school education and promotion programs, that:

(A) Identifies groups or classes of students;

(B) Describes how the program will engage the students;

(C) Identifies at least one specific waste generating behavior or practice targeted for change and barriers to that change;

(D) Provides an implementation schedule; and

(E) Describes a performance measurement plan that specifies one or more outcomes that the local government will use to demonstrate its education program reached the students or achieved its waste prevention and reuse objectives.

(b) The education program must address students in both elementary and secondary schools and may include activities such as:

(A) Classroom presentations;

(B) School assemblies;

(C) Classroom curricular activities, such as service learning projects;

(D) After school programs;

(E) Field trips with a substantial focus on reducing waste generation, such as tours of tool libraries or food rescue facilities; or

(F) Student education implemented as part of in-school waste prevention and reuse programs, such as school cafeteria projects to measure and reduce food waste.

(c) If the program is a general waste prevention and reuse education and outreach program designed primarily to deliver information and increase knowledge about actions that support waste prevention and reuse, then the program must provide education to at least 5 percent of all elementary and secondary students attending public school within the area served by the local government in each calendar year for which this element is used to comply with waste prevention and reuse program requirements, or 10 percent of all students where a program is being implemented over two consecutive years. A local government may use total enrollment numbers reported to the Oregon Department of Education to determine the number of students its program must reach or may propose, with justification, to DEQ an alternative total enrollment number. A local government may, at its discretion, provide education to private school students or to students attending school while in a correctional facility to meet required targets. A city or county may comply with this element through compliance by its county or metropolitan service district provided that:

(A) The education by the county or metropolitan service district is made available to all schools within the area served by the local government using this element to comply with waste prevention and reuse requirements; and

(B) The county or metropolitan service district is providing the education to at least this element's percentage threshold of elementary and secondary students in each calendar year for which this element is used to comply.

(d) A local government may propose a metric, besides the percentage in subsection (5)(c) of this rule, for approval by DEQ that allows for more in-depth programs designed to engage a smaller number of students. The proposal must explain how targeting a smaller number of students supports longer-term engagement in elementary and secondary education on waste prevention and reuse.

(e) Local governments may not use education programs used to demonstrate compliance with the requirements of OAR 340-090-0042(5) to demonstrate compliance with any other waste prevention and reuse program element in this rule.

(6) Funding or infrastructure support program. A program either for the provision of city, county, or wasteshed funding or for the provision of city, county, or wasteshed infrastructure support to promote and sustain reuse, repair, leasing or sharing efforts. The program must meet the following criteria:

(a) A local government must identify the specific forms of funding or infrastructure support the local government will provide to support reuse, repair, leasing or sharing activities and describe how the funding or infrastructure support contributes to sustaining and, where possible, expanding reuse, repair, leasing or sharing efforts within the local government unit.

(b) Support must be provided annually unless a local government provides funding or monetized infrastructure support in an amount larger than that required under subsection (6)(c) of this rule and the amount of that funding or monetized support, when amortized over multiple years, is at least equivalent to the annual support the local government would otherwise provide.

(c) If a city, county, or wasteshed chooses to use direct funding to comply with the requirements of this section, annual funding must be no less than $0.17 per local government unit resident for jurisdictions with populations up to 100,000 in population and $17,000 plus $0.10 per local government unit resident above 100,000 in population for jurisdictions with populations above 100,000, adjusted annually for inflation from a base year of 2016 using the West Region Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(d) If a city, county, or wasteshed chooses to provide infrastructure support to comply with the requirements of this section, that support must result in a reuse, repair, lease or sharing opportunity that is provided continuously or on at least 1 day per year for every 50,000 in the local government unit's population or monetized at a value equal to the funding required in subsection (6)(c) of this rule.

(e) Funding may include: grants; payments on behalf of organizations for equipment; funding to cover the costs of outreach efforts, such as website development, development of social media venues and media buys; or funding to allow reuse, repair, or sharing organizations. to pay staff or contractors for program development, implementation, or both. However, funding of outreach efforts does not qualify as satisfying this element if that outreach is also used to satisfy the technical assistance requirements of section (7) of this rule.

(f) A city or county may comply with this element through compliance by its county or metropolitan service district provided that the infrastructure supported by the county or metropolitan service district is accessible and convenient to residents and businesses of the city or county.

(7) Technical assistance program. A program for the provision of city or wasteshed technical assistance to promote and sustain the reuse, repair or leasing of materials or other sharing of efforts to reduce waste. The program must meet the following criteria:

(a) A local government must identify the specific forms of technical assistance the local government will provide to support reuse, repair, leasing or sharing activities and must describe how the technical assistance contributes to sustaining and, where possible, expanding reuse, repair, leasing or sharing efforts within the local government unit.

(b) A local government may satisfy the requirements of this element through a partnership with another governmental agency, a local non-governmental organization or private enterprise provided that this partnership is documented in a written agreement, such as a memorandum of understanding, an intergovernmental agreement, a franchise agreement or other contract vehicle, and:

(A) The agreement specifies the local government's contribution to the partnership. The local government's contribution must be more than nominal support. Examples of sufficient contributions include supporting ordinances or waived fees, including license fees, commitments to support volunteer recruitment, requirements that a partner implements a program on behalf of a local government, promotion that supports implementation of the partner organization's project, facilitating community meetings or workshops to support information exchange or project development, participation of local government staff on organizational boards, and providing communications channels through local government websites or other media; and

(B) The agreement specifies annual reporting of outcomes, such as increased borrowing at a tool library, pounds of building materials or household goods salvaged from solid waste disposal, or number and types of materials exchanged through a commercial or residential exchange website or distribution center that can be linked to the partnership and demonstrate year-to-year progress in reuse, repair or otherwise reducing waste.

(c) Technical assistance in the form of promotion, outreach or education used to comply with the requirements of OAR 340-090-0042(7) cannot also be used to demonstrate compliance with any other waste prevention and reuse program element.

(8) Food rescue program support. Support by a local government for a food rescue program. The local government's support must meet the following criteria:

(a) The local government must identify and describe specific support for a food rescue program within the local government unit.

(b) A local government's support must include at least two of the following components:

(A) A review of local health ordinances or other local government regulations that may create regulatory barriers to food rescue, identifying regulatory barriers to food rescue, and implementing solutions needed to facilitate food rescue. Such solutions could include, but are not limited to, recommending revisions to regulations or seeking authorization from a local health agency to take an action necessary to facilitate food rescue. Local ordinance review would be sufficient to constitute support for one component for two years.

(B) Funding, which may include: grants or payments on behalf of organizations for equipment, vehicles or building space; and stipends or other payments for gleaners and other food rescue workers. The annual amount of such funding must be no less than $0.17 per local government unit resident for jurisdictions with populations up to 100,000 in population and $17,000 plus $0.10 per local government unit resident above 100,000 in population for jurisdictions with populations above 100,000, adjusted annually for inflation from a base year of 2016 using the West Region Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor.

(C) Infrastructure support that may include: providing space for rescued food storage; loan of vehicles for food transport; and development and implementation of donor matching programs or farm to food bank programs. Infrastructure support must result in a food rescue opportunity that is provided continuously or on at least one day per year for every 50,000 residents in the local government unit or monetized at a value equal to the funding required in paragraph (8)(b)(B) of this rule.

(D) Technical assistance that may include: convening meetings to assist in developing a food rescue program; a local government website page to inform and promote food rescue opportunities; providing other program education and promotional support; developing success stories for use in promotional materials; and supporting measurement programs to help develop programs and demonstrate the efficacy of food rescue.

(c) A local government may satisfy the technical assistance requirements of this element through a partnership with another governmental agency, a local non-governmental organization or private enterprise provided that this partnership is documented in a written agreement, such as a memorandum of understanding, an intergovernmental agreement, a franchise agreement or other contract vehicle, and:

(B) The agreement specifies annual reporting of outcomes, such as increased food diverted to food assistance programs, that can be linked to the partnership and demonstrate year-to-year progress in food rescue.

(d) Support must be provided annually unless a local government provides funding or monetized infrastructure support in an amount larger than that required under subsection (8)(b) of this rule and the amount of that funding or monetized support, when amortized over multiple years, is at least equivalent to the annual support that the local government would otherwise provide.

(e) A city or county may comply with this section (8) through compliance by its county or metropolitan service district provided that the county- or metropolitan service district-supported food rescue program either collects from sources of food in the city or county or redistributes food to residents of the city or county.

Or. Admin. Code § 340-090-0042

DEQ 3-2017, f. & cert. ef.1/19/2017; DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: 459.045, 459A.025 & 468.020.

Statutes/Other Implemented: 459A.007, 459A.010 & 459A.050