2017 ORS 459A.025¹
Adoption of rules regarding waste disposal and recycling

(1) According to the requirements of ORS chapter 183, the Environmental Quality Commission shall adopt rules and guidelines necessary to carry out the provisions 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), including but not limited to:

(a) Acceptable alternative methods for providing the opportunity to recycle;

(b) Education, promotion and notice requirements, which requirements may be different for disposal sites and collection systems;

(c) Identification of the wastesheds within the state;

(d) Identification of the principal recyclable material in each wasteshed;

(e) Guidelines for local government units and other persons responsible for implementing the provisions 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); and

(f) Standards for the joint submission of the recycling reports required under ORS 459A.050 (Recycling reports) (1).

(2) In adopting rules or guidelines under this section, the commission shall consider:

(a) The policy stated in ORS 459.015 (Policy).

(b) Systems and techniques available for recycling, including but not limited to existing recycling programs.

(c) Availability of markets for recyclable material.

(d) Costs of collecting, storing, transporting and marketing recyclable material.

(e) Avoided costs of disposal.

(f) Density and characteristics of the population to be served.

(g) Composition and quantity of solid waste generated and potential recyclable material found in each wasteshed. [Formerly 459.170; 1993 c.560 §77; 1995 c.79 §275; 1997 c.552 §12; 2015 c.662 §3]

(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.