Or. Admin. Code § 340-090-0810

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

Section 340-090-0810 - Local Government Compensation and Invoicing

(1) A local government, a local government's service provider, or other person authorized by a local government to receive payment, may request advanced funding or reimbursement of costs pursuant to ORS 459A.890.

(a) A producer responsibility organization must include in its program plan the following:

(A) A method for determining advanced funding or reimbursement amounts under ORS 459A.890(5).

(B) A description of the process a local government, a local government service provider or other persons authorized by a local government to receive payment must follow to invoice the producer responsibility organization for reimbursement of costs or advanced funding. The information provided may include sample forms for reimbursement or advanced funding requests.

(b) A local government, a local government's service provider, or other person authorized by a local government to receive payment may not submit a reimbursement invoice to a producer responsibility organization, or coordinating body, more than once per month.

(c) A local government's service provider, or other person authorized by a local government to receive payment, may submit an invoice jointly on behalf of multiple local governments. The local government-authorized entity submitting the joint invoice must list all jurisdictions represented and provide documentation from each jurisdiction that approves of the reimbursement request or otherwise authorizes them to seek funding on the local government's behalf.

(d) If a local government, a local government's service provider, or other person authorized by a local government to receive payment, receives advanced funding pursuant to ORS 459A.890, the local government must return to the producer responsibility organization that provided the funds any funds not used for the purposes for which they were provided within 60 days of completion of the project.

(e) A producer responsibility organization shall remit payment for eligible expenses to a local government or the local government's service provider or other person authorized by the local government to receive payment within 60 days of receiving a request for payment. A producer responsibility organization shall provide written notification to the local government of any payments remitted to a person authorized by the local government to receive payment.

(2) Costs incurred by a local government, a local government's service provider, or other person authorized by a local government to receive payment, including reload facilities and limited sort facilities that are also reload facilities, to implement the contamination evaluation procedures established by DEQ to meet the requirements of ORS 459A.929(2)(b) are eligible for funding or reimbursement pursuant to ORS 459A.890(3). Such costs include, but are not limited to:

(a) Staffing and administrative costs to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959;

(b) Costs associated with hiring a contractor to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959; and

(c) Costs associated with purchase, installation, and ongoing use and maintenance of technology and equipment to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959.

(3) The following costs are not eligible for funding or reimbursement pursuant to ORS 459A.890(3):

(a) Costs beyond what is necessary to carry out the contamination evaluation procedures established by DEQ pursuant to ORS 459A.959;

(b) Costs associated with system expansion requests made under OAR 340-090-0800;

(c) Costs for contamination reduction programming compensated under ORS 459A.890(4);

(d) Costs incurred at limited sort facilities that are not also reload facilities; and

(e) Costs incurred at commingled recycling processing facilities.

(4) If DEQ establishes contamination evaluation procedures to meet the requirements of ORS 459A.929(2)(b) that require commingled recycling processing facilities, reload facilities and limited sort facilities to participate in a contamination evaluation procedure provided by a producer responsibility organization, then the producer responsibility organization would no longer be responsible for covering costs described in Section (2) of this rule, except for any costs the producer responsibility organization and the local government or a local government's service provider have agreed the producer responsibility organization will fund or reimburse.

(5) For eligible costs incurred to conduct contamination reduction programming pursuant to ORS 459A.890(4), a local government, local government's service provider, or other person authorized by a local government to receive payment shall receive up to $3 per capita of funding or reimbursement each fiscal year, July 1 through June 30.

(6) A local government, local government's service provider or other authorized person serving a community with a population of no more than 25,000 may request and receive up to two years of advanced funding for contamination reduction programming conducted in accordance with ORS 459A.890(4).

(7) For the purpose of determining the population of a local government pursuant to ORS 459A.890(4)(b), a local government may rely on the Portland State University Population Research Center's most recent certified Population Estimate Report, or such other estimate approved by the department. A local government must use the certified population estimates from the previous year to calculate the amount of contamination reduction programming compensation for the upcoming fiscal year, July 1 through June 30. If using an alternate approved data source, the most recent population estimate available on January 15 of each year must be used to calculate the amount of contamination reduction programming compensation for the upcoming fiscal year, July 1 through June 30.

Or. Admin. Code § 340-090-0810

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023; DEQ 20-2024, amend filed 11/24/2024, effective 11/24/2024

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

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