Or. Admin. Code § 340-090-0640

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

Section 340-090-0640 - Convenience Standards

(1) For purposes of ORS 495A.896(1) and this rule:

(a) An existing recycling depot or drop off center is any place located in Oregon that accepts any recyclable material from the general public at the time the producer responsibility organization submits its most recent Program Plan or plan amendment, and which also meets at least one of the following five criteria:

(A) The recycling depot or drop off center is used by a local government to satisfy the requirement in ORS 459A.005(1)(a)(A) to provide a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served.

(B) The recycling depot or drop off center is used by a local government to satisfy the optional opportunity to recycle program element described in ORS 459A.007(1)(g).

(C) The recycling depot or drop off center is operated by or at the direction of a Tribal government.

(D) The recycling depot or drop off center is located at a site that operates under a valid solid waste permit issued by the DEQ.

(E) The recycling depot or drop off center is operated by or at the direction of a local government or a local government's service provider, as defined in ORS 459A.863(12).

(b) For purpose of satisfying obligations under ORS 459A.896, it is possible for a producer responsibility organization to contract with an existing recycling depot or drop off center to provide for collection of a covered product or products if the recycling depot or drop off center meets all the following conditions:

(A) The operator of the existing recycling depot or drop off center is willing to contract to provide collection service on behalf of the producer responsibility organization.

(B) The operator of the existing recycling depot or drop off center commits to meet and is meeting all performance standards and other requirements on the producer responsibility organization and to provide collection service on behalf of the producer responsibility organization.

(C) The annual cost to the producer responsibility organization to contract for collection and recycling of a material or set of materials with the recycling depot or drop off center does not exceed 110 percent of the cost the producer responsibility organization would otherwise pay to provide a collection point for that material or set of materials.

(D) The operator of the existing recycling depot or drop off center demonstrates to the producer responsibility organization that the cost of reimbursement it requests are reasonable and only pays for additional costs associated with collection of the additional materials. An existing recycling depot or drop off center and a producer responsibility organization will resolve any disputes concerning the reasonableness of reimbursement costs through the dispute resolution process described in ORS 459A.875(2)(e).

(c) An existing recycling depot or drop off center that contracts with a producer responsibility organization pursuant to ORS 459A.896(1) must meet all relevant requirements of the producer responsibility organization, including performance standards as described in OAR 340-090-0650 and requirements for responsible end market disposition (ORS 459A.896(2)).

(d) For purposes of paragraphs (a)(A) and (B) of this section, if a local government has more than the minimum number of depots or drop off centers required by ORS 459A.005(1)(a)(A) or 459.007(1)(g) the local government must inform a producer responsibility organization, upon request, which depots or drop off centers are being used to meet the requirements of ORS 459A.005(1)(a)(A) or 459.007(1)(g). If a local government fails to provide the information within 90 days of a request DEQ may, after consulting with the local government and producer responsibility organization, determine which depots or drop off centers are being used to meet the requirements of ORS 459A.005(1)(a)(A) or 459.007(1)(g).

(e) If a recycling depot or drop off center that does not meet the requirements of subsection (a) of this section subsequently comes into compliance with those requirements a producer responsibility organization must contract with the recycling depot or drop off center within 12 months of the recycling depot or drop off center meeting the requirements of subsection (a) of this section, provided that the recycling depot or drop off center also meets the other requirements of this section. If the addition of the recycling depot or drop of center results in the producer responsibility organization exceeding the minimum number of collection points required by subsections (2)(d) to (f) of this rule the producer responsibility organization may discontinue service at another collection point in the same community, subject to the requirements of section 4 of this rule.

(f) If a producer responsibility organization determines that it is not possible to contract with an existing recycling depot or drop off center pursuant to subsection (2)(a) of this rule, due to the exceedance of the price premium cap in paragraph (1)(b)(C) of this rule, DEQ may request financial information from both the producer responsibility organization and the existing facility to verify that the cap would be exceeded. A producer responsibility organization must provide the information requested by DEQ and may not prohibit, by nondisclosure agreement or other mechanism, the sharing of the requested information by the existing facility.

(2) Minimum number of collection points. For purposes of this section a collection point is a location that accepts from the public one or more materials on the Producer Responsibility Organization Recycling Acceptance List pursuant to OAR 340-090-0630(3) and which meets all performance standards as described in OAR 340-090-0650. A producer responsibility organization must provide the following minimum number of collection points:

(a) A producer responsibility organization must provide for collection and recycling of all covered products on the producer responsibility organization acceptance list, pursuant to OAR 340-090-0630(3), at any existing recycling depot or drop off center where it is possible, as provided by subsection 1(b) of this rule.

(b) A producer responsibility organization must meet the base convenience standard described in paragraphs (d)(A), (d)(B) and (e)(A) and (B) of this section for every material described in the producer responsibility organization recycling acceptance list, pursuant to OAR 340-090-0630(3), except as provided by subsection (c) of this section.

(c) A producer responsibility organization must meet the enhanced convenience standard described in in paragraphs (d)(A), (d)(C) and (e)(C) and (D) of this section for the materials identified in OAR 340-090-0630(3)(d) - (f), (h) and (i).

(d) Collection points in counties.

(A) A producer responsibility organization must provide at least one collection point in every county for every covered product on the producer responsibility organization acceptance lists.

(B) For each material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide one additional collection point as follows:

(i) For Clackamas, Multnomah and Washington counties, one additional collection point for every 60,000 residents of that county.

(ii) For all other counties, one additional collection point for every 40,000 residents of that county.

(C) For each material designated for enhanced convenience pursuant to subsection (c) of this section, a producer responsibility organization must provide one additional collection point as follows:

(i) For Clackamas, Multnomah and Washington counties, one additional collection point for every 45,000 residents of each county.

(ii) For all other counties, one additional collection point for every 30,000 residents of that county.

(D) Where the required number of collection points for a county exceeds the sum of the collection points required by subsections (a) and (e) of this section, the additional collection points shall be located in unincorporated areas of the county. The producer responsibility organization shall consult with the county government and consider areas recommended by the county for placement of such collection points.

(e) Collection points in cities.

(A) For every material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide for at least one collection point:

(i) In each city in Clackamas, Multnomah and Washington counties with a population of 14,000 or more residents; and

(ii) In all other cities with a population of 7,000 or more residents.

(B) For every material subject to the base convenience standard in subsection (b) of this section, a producer responsibility organization must provide additional collection points in a city as follows:

(i) For cities in Clackamas, Multnomah and Washington counties, one additional collection point for every 75,000 residents of the city; and

(ii) In all other cities one additional collection point for every 35,000 residents of the city.

(C) For each material designated for enhanced convenience, pursuant to subsection (c) of this section, a producer responsibility organization must provide at least one collection point as follows:

(i) In cities in Clackamas, Multnomah and Washington counties with a population of 8,000 or more residents; and

(ii) In all other cities with a population of 4,000 or more residents.

(D) A producer responsibility organization must provide one additional collection point in a city for every covered product designated for enhanced convenience:

(i) For cities in Clackamas, Multnomah and Washington counties, one collection point for every 50,000 residents of the city; and

(ii) For all other cities one collection point for every 30,000 residents of the city.

(E) If more than one collection point for any material is required within a single city, the producer responsibility organization shall locate the collection points within the city so that no major sections of the city lack convenient service relative to other areas of the city. A producer responsibility organization must coordinate with DEQ to meet the requirements of this paragraph.

(F) If more than one collection point for any material is provided within a single city, at least 50 percent of all collection points for each material used to satisfy subsection (2)(e) of this rule shall be located in such a way as to be convenient to users of transit service, if the city is served by transit service. The producer responsibility organization shall describe in its program plan how this requirement is satisfied.

(f) A producer responsibility organization must provide sufficient collection points for all materials on the producer responsibility organization acceptance list such that 95 percent of all residents of Oregon live within 15 miles of a collection point.

(g) A producer responsibility organization may use the same collection points to meet the requirements of subsections (a), (d), (e) and (f).

(h) A producer responsibility organization must describe in its program plan how it will provide enhanced access to recycling of materials on the producer responsibility organization acceptance list for populations that may otherwise find it difficult to participate in service at collection points (for example valet service for vehicle users in wheelchairs and partnering with service organizations that work with homebound populations).

(3) Days and hours of operation. Collection points described in Section 2 of this rule must be available to the public as follows:

(a) If the collection point is co-located with a "parent" facility (for example a retailer if return-to-retail, or an existing depot) the same hours of operation as that parent facility is open.

(b) For all other collection points (stand-alone sites) 4 days per week (with exceptions provided for on legal holidays), at least one of which must be Saturday or Sunday and at least 8 hours each of those 4 days.

(4) Notification of changes and continuity of services.

(a) Except as provided by subsection (c) of this section, a producer responsibility organization must provide DEQ and a collection point operator at least three months' notice in writing if a producer responsibility organization closes a collection point. The producer responsibility organization must also provide a concurrent notice to users of the collection point using prominently placed signage at the collection point location and on a website used by the producer responsibility organization for promotion with the public. Collection point closure notices must include the following information:

(A) Date of service discontinuation; and

(B) Alternative collection point location(s) or service information.

(b) Except as provided by subsection (c) of this section, if a collection point that a producer responsibility organization is using to satisfy the requirements of subsection (2)(a) of this rule no longer meets any of the conditions of subsection (1)(b) of this rule, the producer responsibility organization must not discontinue service until one of the following occurs:

(A) The contract with the site operator expires;

(B) The program plan period ends; or

(C) The parties reach mutual agreement.

(c) A producer responsibility organization may close a collection point for or discontinue acceptance of pressurized cylinders or aerosol cans without three months' notice in writing if:

(A) the collection point operator is an entity other than the producer responsibility organization;

(B) the collection point is not in compliance with contractual terms related to environmental protection or human health;

(C) The producer responsibility organization provides prior notice of its intention to discontinue the collection point; and

(D) The collection point does not promptly correct the issue.

(d) If a producer responsibility organization discontinues service pursuant to subsection (c) it shall notify DEQ as soon as possible and provide notice to users of the collection site.

(5) If a covered product on a producer responsibility organization's recycling acceptance list pursuant to administrative rule is subsequently added to the uniform statewide collection list pursuant to ORS 459A.914(4)(b), a producer responsibility organization must meet obligations for collection as follows:

(a) only at existing recycling depots or drop off centers, as provided by subsection (2)(a) of this rule; and

(b) only if the depot or drop off center is continuing to collect the covered product separately from other materials.

(6) Alternative compliance.

(a) A producer responsibility organization may propose an alternative to the requirements of section 2 of this rule in writing in the producer responsibility organization program plan or an amendment to the plan for approval by the department. If the alternative results in a city or county receiving fewer collection points than required by section 2 of this rule, the producer responsibility organization must demonstrate that it has consulted with the city or county regarding the proposed alternative approach.

(b) If a producer responsibility organization proposes to use collection events as an alternative to the requirements of section 2 of this rule, such events must be predictable (fixed set of locations on a regular schedule and promoted far in advance); and widely advertised.

(c) DEQ will assess an alternative compliance proposal during program plan review against the following criteria:

(A) Impact on the achievement of collection targets,

(B) Impact on equitable access to recycling across regions and diverse populations; and

(C) Demonstrated support of relevant local government(s) for the proposal.

(7) DEQ may approve a temporary variance to the requirements of sections (2) and (3) of this rule.

Or. Admin. Code § 340-090-0640

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975