ORS 459.305¹
Certification or demonstration that government unit has implemented opportunity to recycle
  • rules
  • fee

(1) Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection (4) of this section, a disposal site may not accept solid waste generated outside the county in which the disposal site is located unless the Department of Environmental Quality certifies or, for waste that originates outside Oregon in an amount exceeding 75,000 tons annually from a single source generator or wasteshed, the disposal site operator demonstrates to the department, that the person responsible for solid waste management in the area from which the solid waste originates has implemented an opportunity to recycle that:

(a) Includes a program for recycling that achieves the applicable recovery rate in ORS 459A.010 (Statewide goals) (6) for waste originating in Oregon, or for waste originating outside Oregon, either a recovery rate equivalent to that achieved in a comparable county in Oregon or a recycling program equivalent to the opportunity to recycle in ORS 459A.005 (Opportunity to recycle defined) (1)(a) and (2) and the program elements in ORS 459A.010 (Statewide goals) (2) and (3); and

(b) For waste originating inside Oregon, meets the requirements of ORS 459.250 (Place for collecting source separated recyclable material required for disposal site permit) and 459A.005 (Opportunity to recycle defined) to 459A.085 (City, county authority to issue collection service franchises).

(2) The Environmental Quality Commission shall adopt rules to establish a program for certification of recycling programs established by a person in order to comply with the requirement of subsection (1) of this section. No contract or agreement for the disposal of solid waste made between an owner or operator of a disposal site and a person shall affect the authority of the commission to establish or modify the requirements established under subsection (1) of this section.

(3) For each area outside the state from which a disposal site receives solid waste, the disposal site shall have two years after first accepting solid waste from the area to demonstrate how the area complies with the requirements of subsection (1) of this section. The disposal site operator shall provide written notice to the Department of Environmental Quality prior to first accepting solid waste from outside the state. The requirements of this subsection shall apply only to contracts entered into after September 9, 1995.

(4) The commission shall establish by rule the amount of solid waste that may be accepted from outside the county in which the disposal site is located before the person must comply with the requirements set forth in subsection (1) of this section.

(5) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, and within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board, the Department of Environmental Quality may establish a certification fee in accordance with ORS 468.065 (Issuance of permits). The fees shall not exceed the cost of the program.

(6) The certification requirement under subsection (1) of this section shall not apply to a person implementing a waste reduction program under ORS 459.055 (Landfills in farm use areas).

(7) Notwithstanding any other provision of law relating to solid waste disposal, if the laws of the state of origin prohibit or restrict the disposal of any kind of solid waste within the state of origin, such prohibition or restriction shall also apply to the disposal of such solid waste in Oregon. [1987 c.876 §6; 1989 c.541 §3; 1991 c.703 §8; 1991 c.765 §9; 1993 c.560 §38; 1995 c.541 §2; 1997 c.807 §1; 2003 c.14 §291]

Chapter 459

Atty. Gen. Opinions

Power of depart­ment to regulate mining activities or recovery of oil and geothermal resources, (1972) Vol 35, p 1100; authority of Environ­mental Quality Commission and Depart­ment of Environ­mental Quality to regulate disposi­tion of food processing byproducts determined to be solid waste, (1979) Vol 39, p 770

Law Review Cita­tions

16 WLR 459 (1979)

1 Legislative Counsel Committee, CHAPTER 459—Solid Waste Management, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors459.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information