ORS 459A.050¹
Recycling reports

(1) On behalf of each wasteshed and the cities within each wasteshed, each county shall submit to the Department of Environmental Quality:

(a) A periodic report, as required by the department, but not more frequently than annually, that documents how the wasteshed and the cities within the wasteshed are implementing the opportunity to recycle, including the requirements of ORS 459A.010 (Statewide goals). A wasteshed is encouraged to report the results of the wasteshed’s commercial recycling program evaluations in the wasteshed’s periodic report to the Department of Environmental Quality.

(b) An annual report that states for the wasteshed the type of material and the weight of each type of material collected through the following means:

(A) On-route collection;

(B) Collection from commercial customers; and

(C) Collection at disposal site recycling depots.

(c) If solid waste generated in the wasteshed is disposed of outside of the state, the total weight of the solid waste disposed of outside the state, which shall be included in the annual report.

(2) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department annual reports that include the information required under subsection (1) of this section.

(3) Except as provided in subsection (4) of this section and subject to the exclusions of ORS 459A.010 (Statewide goals) (4)(h), each solid waste disposal site that receives solid waste, except transfer stations, shall report, for each wasteshed, the weight of in-state solid waste disposed of at the solid waste disposal site that was generated in each wasteshed.

(4) The metropolitan service district for Multnomah, Washington and Clackamas counties and the cities therein in aggregate shall submit to the department the weight of solid waste disposed of through the following facilities:

(a) Metropolitan service district central transfer station;

(b) Metropolitan service district south transfer station;

(c) Municipal solid waste compost facility; and

(d) Any disposal facility or transfer facility owned, operated or under contract by the metropolitan service district.

(5) The cities and counties within each wasteshed shall share proportionally in the costs incurred for the preparation and submission of the annual report required under this section.

(6) At least annually, the department shall survey privately operated recycling and material recovery facilities, including but not limited to buy back centers, drop off centers, recycling depots other than those at permitted land disposal facilities, manufacturers and distributors. The department shall collect the following information:

(a) By type of material for each wasteshed, the weight of in-state material collected from other than on-route collection programs, both residential and commercial.

(b) Any other information necessary to prevent double counting of material recovered or to determine if a material is recyclable.

(7) Information collected under subsection (6) of this section, as it relates specifically to the entity’s customer lists or specific amounts and types of materials collected or marketed, shall be maintained as confidential by the department and exempt from disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated). The department may use and disclose such information in aggregated form.

(8) The information in subsections (1)(b) to (4) and (6) of this section shall be collected and reported annually on a form provided by the department.

(9) Unless extended by the Environmental Quality Commission upon application under ORS 459A.055 (Variance or request for extension to provide opportunity to recycle) after the affected persons show good cause for an extension, the affected persons within the wasteshed shall implement the opportunity to recycle and submit the recycling report to the department. [Formerly 459.180; 1993 c.560 §80; 1997 c.552 §13; 2001 c.513 §4]

Notes of Decisions

The "bottle bill" is a valid exercise of Oregon's police power and is valid under the U.S. Constitu­tion and the Oregon Constitu­tion. Am. Can Co. v. Ore. Liquor Control Comm., 15 Or App 618, 517 P2d 691 (1973)

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

53 OLR 479-482 (1974); 4 EL 419-427 (1974); 54 OLR 175 (1975)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors459A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­459aano.­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