2017 ORS 459A.015¹
Commission duties

The Environmental Quality Commission shall:

(1) Amend the state solid waste management plan to conform to the requirements of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), 459.015 (Policy), 459.035 (Assistance in development and implementation of solid waste management plans and practices and recycling programs), 459.250 (Place for collecting source separated recyclable material required for disposal site permit), 459.992 (Criminal penalties) (1) and (2), 459.995 (Civil penalties) and 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers).

(2) Review Department of Environmental Quality reports on compliance with and implementation of ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665), 459.015 (Policy), 459.035 (Assistance in development and implementation of solid waste management plans and practices and recycling programs), 459.250 (Place for collecting source separated recyclable material required for disposal site permit), 459.992 (Criminal penalties) (1) and (2), 459.995 (Civil penalties) and 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers).

(3) Submit the report by the department on the statewide integrated solid waste management plan under ORS 459A.020 (Statewide integrated solid waste management plan) (2) to each odd-numbered year regular session of the Legislative Assembly. [Formerly 459.168; 1993 c.560 §75; 1997 c.552 §10; 2011 c.545 §57]

Note: Sections 12 to 13c, chapter 534, Oregon Laws 2015, provide:

Sec. 12. (1) For calendar year 2020, the Department of Environmental Quality shall conduct a statewide survey of recovery rates for food waste and plastic waste.

(2) If the statewide survey reveals that the statewide waste recovery goals for food waste or plastic waste under ORS 459A.010 (Policy) are not being met, the department shall submit a report to the interim committees of the Legislative Assembly related to solid waste, as appropriate, no later than September 15, 2022. The report must include:

(a) An evaluation of options to improve recovery; and

(b) Recommendations for meeting or modifying the recovery goals for food waste and plastic waste under ORS 459A.010 (Policy). [2015 c.534 §12]

Sec. 13. Section 12 of this 2015 Act is repealed on the date of the convening of the 2023 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [February 1, 2023]. [2015 c.534 §13]

Sec. 13a. (1) For calendar year 2025, the Department of Environmental Quality shall conduct a statewide survey of recovery rates for carpet waste.

(2) If the statewide survey reveals that the statewide waste recovery goal for carpet waste under ORS 459A.010 (Policy) is not being met, the department shall submit a report to the interim committees of the Legislative Assembly related to solid waste, as appropriate, no later than September 15, 2027. The report must include:

(a) An evaluation of options to improve recovery; and

(b) Recommendations for meeting or modifying the recovery goals for carpet waste under ORS 459A.010 (Policy). [2015 c.534 §13a]

Sec. 13b. Section 13a of this 2015 Act is repealed on the date of the convening of the 2028 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [February 1, 2028]. [2015 c.534 §13b]

Sec. 13c. As part of the report made to the Legislative Assembly in 2019 as required in ORS 459A.015 (Commission duties) (3), the Department of Environmental Quality shall provide information on the implementation of multitenant recycling throughout Oregon, including:

(1) Actions undertaken by the department to encourage and support recycling at multifamily and other multitenant facilities;

(2) Efforts to reduce contamination in multitenant recycling, such as studies, pilot projects and education efforts; and

(3) An evaluation of the costs of implementing multitenant recycling within the urban growth boundaries of cities with populations of 4,000 or more that have not fully implemented multitenant recycling. [2015 c.534 §13c]

(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.