2017 ORS 459A.020¹
Statewide integrated solid waste management plan
  • review
  • revision

(1) The Environmental Quality Commission shall adopt a statewide integrated solid waste management plan. The plan shall include, but need not be limited to, the following components of solid waste management:

(a) Waste prevention;

(b) Recycling;

(c) Solid waste collection and processing;

(d) Composting and energy recovery;

(e) Incineration;

(f) Disposal;

(g) Disposal capacity and facility siting; and

(h) Transportation.

(2) The commission shall develop the statewide integrated solid waste management plan in consultation with local government units, the Oregon Business Development Department and other appropriate state and regional agencies, commissions and task forces. The plan must address integrated solid waste management for at least 10 years into the future. The Department of Environmental Quality shall review the plan every two years and submit the report to the commission. The report must include:

(a) The status of implementation of the provisions of ORS 459A.005 (“Opportunity to recycle” defined) to 459A.665 (Opportunity to recycle rigid plastic containers), including:

(A) The annual weight of material disposed of per capita, by wasteshed and statewide;

(B) The annual recovery rate achieved by each wasteshed and statewide as calculated by:

(i) Weight as provided for in ORS 459A.010 (Policy);

(ii) Rate of energy savings as provided for in ORS 459A.012 (Alternative recovery rate calculation methods); and

(iii) Any other method adopted by the commission under ORS 459A.012 (Alternative recovery rate calculation methods); and

(C) The amount of each type of material recovered annually statewide and, based on available information, the amount of each type of material recycled annually statewide;

(b) Compliance with and implementation of the provisions of ORS 459.015 (Policy), 459.035 (Assistance in development and implementation of solid waste management plans and practices and recycling programs), 459.055 (Landfills in farm use areas), 459.992 (Criminal penalties) (1) and (2) and 459.995 (Civil penalties);

(c) The status of the metropolitan service district’s waste reduction program as submitted to the commission under ORS 459.345 (Metropolitan service district report to commission) and its compliance with the criteria in ORS 459.350 (Commission review of metropolitan service district report); and

(d) Recommendations for improvements in waste prevention, reuse, recycling and composting programs.

(3) The commission shall revise the plan at regular intervals in order to allow local government units to take advantage of the data and analysis in the state plan. [1991 c.385 §18; 1993 c.560 §76; 1997 c.552 §11; 2015 c.534 §10]

(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.