Or. Admin. Code § 340-090-0100

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

Section 340-090-0100 - Reporting Requirements

The information in this rule is reported in order to determine statewide and local wasteshed recovery rates, to determine compliance with the opportunity to recycle requirements and to provide accurate and comprehensive information on the type and amounts of residential and commercial solid waste generated, disposed and recovered in Oregon.

(1) General requirements. The information in subsection (2)(b) and sections (3), (4), and (5) of this rule must be reported on a form provided DEQ and must be reported to DEQ no later than February 28 of each calendar year for the previous calendar year. The information to be reported under section (6) of this rule is optional.

(2) County requirements. Each county, on behalf of its wasteshed and the cities within its wasteshed, must submit the following information to DEQ. The information required below that relates to collection programs within each city jurisdiction must be reported by the city to the county so that the county can provide the required information in a timely manner to DEQ.

(a) The following information must be reported periodically as DEQ requires. This information constitutes the "opportunity to recycle" report. DEQ will notify counties by November 1 of a year if an opportunity to recycle report is required for that year. When required, this report must be submitted on the schedule specified in section (1) of this rule. In any case examples of all materials listed under paragraph (D) below must be kept on file by the county for future reports or inspection by DEQ:

(A) The materials that are accepted for recycling at each disposal site in the wasteshed;

(B) If a recycling depot has been designated in place of a disposal site as a more convenient location for recycling under the opportunity to recycle requirements, the location of that recycling depot and the materials accepted for recycling at that depot;

(C) Description of all education and promotion activities conducted by or on behalf of each applicable city and the county;

(D) For each city of 4,000 or more population in the wasteshed and for each city located within a metropolitan service district in the wasteshed, the following information:

(i) A list of materials accepted for recycling in each on-route residential collection program that is offered to all residential collection service customers;

(ii) A list of materials accepted for recycling in multi-family collection programs;

(iii) A list of materials accepted for recycling in on-site commercial collection programs;

(iv) Listing of each program element under OAR 340-090-0040(3) that has been chosen and implemented by each city within a metropolitan service district or with 4,000 population or more in the wasteshed, including appropriate documentation of implementation of collection service rates, multi-family collection programs and commercial collection programs if applicable; or, as applicable, a description of the approved alternative program being implemented and the status of implementation.

(E) A summary of activities in an expanded education and promotion plan, if a city or county has chosen to provide the expanded education and promotion program element through implementation of a under OAR 340-090-0040(3)(c)(B)(ii). The summary must include education and promotion activities planned for implementation in the coming two years unless DEQ requires otherwise. The summary should also include:

(i) Plan activities actually implemented since the wasteshed last reported to DEQ on activities in the expanded education and promotion plan; and

(ii) Any changes in activities implemented from those in the plan originally submitted to DEQ, or from the previous summary submitted to DEQ under paragraph (2)(a)(E) of this rule, with explanations for the changes.

(F) For each city or county that is implementing the expanded education and promotion program element under OAR 340-090-0040(3)(c), the contamination reduction education plan described in OAR 340-090-0041.

(G) For each city or county that is subject to the requirements of OAR 340-090-0042, the plans required for the city's or county's compliance with that rule.

(H) A city or county that has evaluated the effectiveness of one or more program elements is encouraged to include the evaluation(s) in the wasteshed "opportunity to recycle" report.

(b) The following information must be reported annually, and constitutes the "recovery rate report":

(A) The type and corresponding weight of each material collected for the purpose of recycling during the previous calendar year for the following sources in the wasteshed:

(i) On-route residential collection;

(ii) Multi-family residential collection;

(iii) On-site commercial collection;

(iv) Collection at disposal site recycling depots or designated more convenient locations under the opportunity to recycle requirements;

(v) Collection from approved alternative programs under OAR 340-090-0080 if applicable.

(B) The information required in paragraph (2) (b)(A) of this rule must be reported in the following manner:

(i) The weight of material reported must exclude recovery of wastes as described in OAR 340-090-0060(5);

(ii) The weight of material collected must be determined either by direct measurement or by determining the weight of material sold or otherwise sent off-site or used on-site for recycling during the calendar year, adjusted by the difference in weight of material held in inventory on the first day and last day of the calendar year;

(iii) Unless DEQ and the county have agreed in writing on an alternative reporting method, the weight of material collected must be reported separately for each collection service provider or other recycler, on forms DEQ provides;

(iv) The type and corresponding weight of material reported must be broken down by each of the following collection sources:

(I) On-route residential collection;

(II) On-site commercial collection;

(III) Multi-family residential collection;

(IV) Disposal site recycling depots or depots designated as more convenient locations under the opportunity to recycle requirements; and

(V) Material collected by an alternative program for providing the opportunity to recycle requirements.

(v) In cases where a collection service provider is unable to provide exact weight information for the categories identified in subparagraph (2)(b)(B)(iv) of this rule, reasonable estimates allocating the weight of material collected by collection source and by wasteshed may be made.

(C) Information on participation in on-site residential collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(D) Information on participation in on-site commercial collection programs and multi-family collection programs should be provided if available, either by exact participation data or by a reasonable estimate;

(E) Total weight of all solid waste generated in the wasteshed disposed of outside of the state of Oregon. The following waste is excluded from this reporting requirement:

(i) Sewage sludge or septic tank and cesspool pumpings;

(ii) Industrial solid waste disposed of at an out-of-state industrial solid waste disposal site;

(iii) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to an out-of-state municipal solid waste disposal site and if the disposal site operator keeps a record of the weight and wasteshed of origin of such materials delivered;

(iv) Solid waste received at an out-of-state ash monofill from an energy recovery facility.

(F) A copy of any new city or county collection service franchise, or any amendment to franchise, including rates under the franchise, which relates to recycling;

(G) If a county determines that the conditions in OAR 340-090-0060(4) exist and specific materials or mixtures that are composted or burned for energy recovery may be included in the calculation of the recovery rate for the wasteshed, the county must report the following information:

(i) Weight and type of material composted or burned for energy recovery;

(ii) For mixtures of materials, the percent by weight and description of each type of material composted or burned for energy recovery that, if properly source separated, could have been recycled;

(iii) Where markets exist for such materials in the wasteshed and outside the wasteshed;

(iv) Charge or price paid for each material at each location;

(v) Transportation distances to market at each location and the per-mile transportation cost to market by the most economical means of transportation available.

(3) Solid waste disposal facility requirements. Except as provided in section (4) of this rule, and excluding the material listed in OAR 340-090-0060(5), each solid waste disposal site that receives solid waste for disposal, except transfer stations, must report to DEQ the weight of solid waste disposed of by each wasteshed in Oregon. The disposal site must report this waste as either "not counting" in determining the recovery rate in OAR 340-090-0050 [wastes specified in OAR 340-090-0060(5)] or as "counting" towards the rate (all other wastes generated in Oregon). This information must be reported by the disposal site permittee on forms DEQ provides and must be a condition of the solid waste permit. If a disposal site is unable to determine the exact weight of waste disposed for each wasteshed in which it was generated, a reasonable estimate allocating the weight of waste to the appropriate wastesheds may be made.

(4) The metropolitan service district on behalf of Multnomah, Clackamas, and Washington counties and the cities therein, must report the following information:

(a) Information in subsection (2)(b) of this rule for all counties in aggregate for said district;

(b) Weight of solid waste disposed of through facilities owned or operated by the metropolitan service district, or operated under contract to the metropolitan service district, excluding the wastes listed in OAR 340-090-0060(5); and

(c) Weight of solid waste sent to out-of-state facilities.

(5) Privately operated recycling, material recovery, and energy recovery facility requirements. This section applies to buy-back centers, drop-off centers, manufacturers, distributors, pyrolysis facilities, facilities burning recovered material as a fuel, collection service providers who collect or otherwise handle materials other than those required to be reported under subsection (2)(b) of this rule, and other private recycling operations and material recovery facilities who collect, otherwise acquire, use recovered material in manufacturing or as a fuel, or recycle material that is not included in the reporting requirements of subsection (2)(b) and section (6) of this rule. These facilities must accurately report to DEQ the type and corresponding weight of each category of material recycled, processed, recovered as a fuel, or used in a new product containing recycled content in a calendar year as follows:

(a) Weight of each material recovered must be reported, broken down by wasteshed of origin and by source as provided on the data form DEQ supplies;

(b) Weight of materials reported must exclude recycling of wastes described in OAR 340-090-0060(5);

(c) Weight of material collected must be determined either by direct measurement of the material collected, purchased, or generated; or by determining the weight sold or otherwise sent off-site or used on-site for recycling during the year, adjusted by the difference in weight of material in inventory on the first day and last day of the calendar year;

(d) To avoid double counting of materials, entities reporting under this section must identify weight and sources of material they collected from other recyclers, subsequent recyclers and end users that directly receive their material and the weight of material sold or delivered to each directly subsequent recycler or end user. This applies to all materials collected for recycling, including materials delivered to subsequent recyclers or end users or collected and reported to the county under subsection (2)(b) of this rule;

(e) Private recyclers must report the final status of each material sold, delivered or utilized. The report must indicate whether the material was recycled, composted, or burned for energy recovery in order to determine which materials will count toward the recovery rate in OAR 340-090-0050;

(f) Total weight of material recovered by each private recycler must be reported based on actual measurement. In cases where determining the actual weight of material recovered by wasteshed or by collection source is not possible, reasonable estimates allocating the weight of material collected by wasteshed and collection source may be made.

(6) Scrap metal industry requirements. DEQ must survey the scrap metal industry annually. The scrap metal industry may report the following information to DEQ on a form DEQ provides as section (1) of this rule requires:

(a) Weight of post-consumer residential scrap metal, including appliances processed for use in manufacturing new products that do not routinely enter the solid waste stream;

(b) Source or wasteshed where the material was generated.

Or. Admin. Code § 340-090-0100

DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 3-2017, f. & cert. ef. 1/19/2017

Stat. Auth.: ORS 459A.025, 459.045 & 468.020

Stats. Implemented: ORS 459A.010 & 459A.050