2017 ORS 459A.005¹
“Opportunity to recycle” defined

(1) As used in ORS 459.015 (Policy), 459.250 (Place for collecting source separated recyclable material required for disposal site permit) and 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers), the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management:

(a)(A) Provides a place for collecting source separated recyclable material located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

(B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

(b) Complies with the program element requirements described in ORS 459A.007 (Opportunity to recycle program elements).

(2) The “opportunity to recycle” defined in subsection (1) of this section also includes a public education and promotion program that:

(a) Gives notice to each person of the opportunity to recycle; and

(b) Encourages source separation of recyclable material. [Formerly 459.165; 2015 c.534 §1]

Note: The amendments to 459A.005 (“Opportunity to recycle” defined) by section 2, chapter 534, Oregon Laws 2015, become operative July 1, 2022. See section 3, chapter 534, Oregon Laws 2015. The text that is operative on and after July 1, 2022, is set forth for the user’s convenience.

459A.005 (“Opportunity to recycle” defined). (1) As used in ORS 459.015 (Policy), 459.250 (Place for collecting source separated recyclable material required for disposal site permit) and 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers), the “opportunity to recycle” means at least that the city, county or metropolitan service district responsible for solid waste management:

(a)(A) Provides a place for collecting source separated recyclable material located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

(B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

(b) Complies with the program element requirements described in ORS 459A.007 (Opportunity to recycle program elements).

(2) The “opportunity to recycle” defined in subsection (1) of this section also includes a public education and promotion program that:

(a) Gives notice to each person of the opportunity to recycle; and

(b) Encourages source separation of recyclable material.

(3) As used in this section, “collection service customers” includes:

(a) Customers of a collection service as defined in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665); and

(b) The residential and commercial tenants of landlords or property managers that are customers of a collection service for the benefit of their tenants.

(formerly 459.810 to 459.890)

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)

(formerly 459.165 to 459.200)

Law Review Cita­tions

15 EL 387 (1985)

1 Legislative Counsel Committee, CHAPTER 459A—Reuse and Recycling, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 459A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano459A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.