Or. Admin. Code § 340-090-0140

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-090-0140 - Recyclable Material Economic Test

This rule describes the factors that DEQ must consider in determining if a material can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

(1) DEQ must calculate the cost of collection and sale of a recyclable material by considering the collector's costs from the time the material is source separated and leaves the use of the generator until it is first sold or transferred to the person who recycles it. DEQ must consider all costs and savings associated with collection of a recyclable material in the calculation.

(2) DEQ must consider any measurable savings to the collector resulting from making a material available for recycling as opposed to disposal the same as income from sale.

(3) DEQ must calculate the cost of collection and disposal of material as solid waste by using the total costs of collection and disposal. Costs must include fees charged, taxes levies or subsidy to collect and to dispose of solid waste. Costs must also include, but are not limited, to the costs to comply with applicable statutes, rules permit conditions and insurance requirements.

(4) DEQ may use the amount and value of any source separated material that is collected or received as part of a recycling requirement of a permit or a city or county franchise determining whether remaining material meets the definition of recyclable material.

Or. Admin. Code § 340-090-0140

DEQ 26-1984, f. & ef. 12-26-84; DEQ 31-1992, f. & cert. ef. 12-18-92 (and corrected 1-5-93); Renumbered from 340-060-0055; DEQ 27-1998, f. & cert. ef. 11-13-98; DEQ 3-2017, f. & cert. ef. 1/19/2017; DEQ 18-2023, amend filed 11/17/2023, effective 11/17/2023

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

Statutes/Other Implemented: ORS 459A.010