Chapter 0513

Chapter 513 Oregon Laws 2001

AN ACT

HB 3744

Relating to solid waste recovery; amending ORS 459.015, 459A.010, 459A.050, 459A.055 and 459A.065; repealing ORS 459A.060; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 459.015 is amended to read:

459.015. (1) The Legislative Assembly finds and declares that:

(a) The planning, development and operation of recycling programs is a matter of statewide concern.

(b) The opportunity to recycle should be provided to every person in Oregon.

(d) It is in the best interests of the people of Oregon to extend the useful life of solid waste disposal sites by encouraging waste prevention and the recycling and reuse of materials, and by requiring solid waste to undergo volume reduction through recycling and reuse measures to the maximum extent feasible before disposal. Implementation of waste prevention and recycling and reuse measures will not only increase the useful life of solid waste disposal sites, but also decrease the potential public health and safety impacts associated with the operation of disposal sites.

(e) There are limits to Oregon’s natural resources and the capacity of the state’s environment to absorb the impacts of increasing consumption of resources, increasing waste generation and increasing solid waste disposal.

(f) It is in the best interests of the people of Oregon to conserve resources and energy by developing an economy that encourages waste prevention and recycling.

(g) The State of Oregon should make it a priority to support efforts that assist each wasteshed in meeting its recovery goal so the statewide recovery goal may be achieved.

(2) In the interest of the public health, safety and welfare and in order to conserve energy and natural resources, it is the policy of the State of Oregon to establish a comprehensive statewide program for solid waste management which will:

(a) After consideration of technical and economic feasibility, establish priority in methods of managing solid waste in Oregon as follows:

(A) First, to reduce the amount of solid waste generated;

(B) Second, to reuse material for the purpose for which it was originally intended;

(D) Fourth, to compost material that cannot be reused or recycled;

(E) Fifth, to recover energy from solid waste that cannot be reused, recycled or composted so long as the energy recovery facility preserves the quality of air, water and land resources; and

(F) Sixth, to dispose of solid waste that cannot be reused, recycled, composted or from which energy cannot be recovered by landfilling or other method approved by the Department of Environmental Quality.

(b) Clearly express the Legislative Assembly’s previous delegation of authority to cities and counties for collection service franchising and regulation and the extension of that authority under the provisions of this section and ORS 459.125 and 459A.005 to 459A.085.

(c) Retain primary responsibility for management of adequate solid waste management programs with cities, counties or metropolitan service districts, reserving to the state those functions necessary to [assure] ensure effective programs, cooperation among cities, counties or metropolitan service districts and coordination of solid waste management programs throughout the state.

(d) Promote, encourage and develop markets first for reusable material and then for recyclable material.

(e) Promote research, surveys and demonstration projects to encourage material or energy recovery.

(f) Promote research, surveys and demonstration projects to aid in developing more sanitary, efficient and economical methods of solid waste management.

(g) Provide advisory technical assistance and planning assistance to affected persons, in the planning, development and implementation of solid waste management programs.

(h) Develop, in coordination with federal, state and local agencies and other affected persons, long-range plans including regional approaches to promote reuse, to provide land reclamation in sparsely populated areas, and in urban areas necessary disposal facilities.

(i) Provide for the adoption and enforcement of recycling rates and standards as well as performance standards necessary for safe, economic and proper solid waste management.

(j) Provide authority for counties to establish a coordinated program for solid waste management, to regulate solid waste management and to license or franchise the providing of service in the field of solid waste management.

(k) Encourage utilization of the capabilities and expertise of private industry.

(L) Promote means of preventing or reducing at the source, materials which otherwise would constitute solid waste.

(m) Promote application of material or energy recovery systems which preserve and enhance the quality of air, water and land resources.

SECTION 2. ORS 459A.010 is amended to read:

459A.010. (1) It is the goal of the State of Oregon that: [by January 1, 2000, the amount of recovery from the general solid waste stream shall be at least 50 percent.]

(a) For the calendar year 2005, the amount of recovery from the general solid waste stream shall be at least 45 percent;

(b) For the calendar year 2009, the amount of recovery from the general solid waste stream shall be at least 50 percent;

(c) For the calendar year 2005 and subsequent years, that there be no annual increase in per capita municipal solid waste generation; and

(d) For the calendar year 2009 and subsequent years, that there be no annual increase in total municipal solid waste generation.

(2) In addition to the requirements of ORS 459A.005, the “opportunity to recycle” shall include the requirements of subsection (3) of this section using the following program elements:

(a) Provision of at least one durable recycling container to each residential service customer.

(b) On-route collection at least once each week of source separated recyclable material to residential customers, provided on the same day that solid waste is collected from each customer.

(c) An expanded education and promotion program conducted to carry out the policy set forth in ORS 459.015, to inform solid waste generators of the manner and benefits of reducing, reusing, recycling and composting material and to promote use of recycling services. The city, county or metropolitan service district responsible for providing an opportunity to recycle under ORS 459A.005 and this section shall provide the education and promotion program in either of the following two ways:

(A) Preparing and implementing an education and promotion plan that includes actions to effectively reach solid waste generators and all new and existing collection service customers, as necessary to fulfill the intent of this paragraph. The plan shall be submitted to the Department of Environmental Quality the first year that the plan is in effect. Thereafter, the wasteshed shall submit a summary of activities in the plan to the Department of Environmental Quality at the same time the county submits the periodic report required under ORS 459A.050 (1)(a). The summary shall cover at least the time period until the next periodic report is due to the department.

(B) Implementing all of the following:

(i) Provision of recycling notification and education packets to all new residential, commercial and institutional collection service customers that include at a minimum the materials collected, the schedule for collection, the way to prepare materials for collection and the reasons persons should separate their material for recycling. The educational and promotional materials provided to commercial collection customers should be targeted to meet the needs of various types of businesses and should include reasons to recycle, including economic benefits, common barriers to recycling and solutions, additional resources for commercial generators of solid waste and other information designed to assist and encourage recycling efforts. The educational and promotional materials provided to commercial collection customers shall encourage each commercial collection customer to have a goal to achieve 50 percent recovery from its solid waste stream by the year [2000] 2009.

(ii) Provision of recycling information in a variety of formats and materials at least four times a calendar year to collection service customers that includes at a minimum the materials collected and the schedule for collection.

(iii) Provision at least annually to all residential, commercial and institutional collection service customers, of the information under sub-subparagraph (i) of this subparagraph.

(iv) Targeting of community and media events to promote recycling.

(d) Collection of at least four principal recyclable materials or the number of materials required to be collected under the residential on-route collection program, whichever is less, from each multifamily dwelling complex having five or more units. The multifamily collection program shall include promotion and education directed to the residents of the multifamily dwelling units.

(e) An effective residential yard debris collection and composting program that includes the promotion of home composting of yard debris, and that also includes either:

(A) Monthly or more frequent on-route collection of yard debris from residences for production of compost or other marketable products; or

(B) A system of yard debris collection depots conveniently located and open to the public at least once a week.

(f) A commercial recycling program that includes:

(A) Weekly, or on a more appropriate regular schedule, onsite collection of source separated principal recyclable materials from, at a minimum, commercial solid waste generators employing 10 or more persons and occupying 1,000 square feet or more in a single location.

(B) An education and promotion program conducted to inform all commercial generators of solid waste of the manner and benefits of the commercial recycling program that provides effective promotion of the program to the generators.

(C) In addition to the requirements of subparagraphs (A) and (B) of this paragraph, a commercial recycling program may also consist of other elements including but not limited to waste assessments and recycling recognition programs. A wasteshed is encouraged to involve local business organizations in publicly recognizing outstanding recycling efforts by commercial generators of solid waste. The recognition may include awards designed to provide additional incentives to increase recycling efforts.

(D) Each commercial generator of solid waste shall strive to achieve 50 percent recovery from its solid waste stream by the year [2000] 2009.

(g) Expanded depots for recycling of at least all principal recyclable materials and provisions for promotion and education to maximize the use of the depots. The depots shall have regular and convenient hours and shall be open on the weekend days and, when feasible, shall collect additional recyclable materials.

(h) Solid waste residential collection rates that encourage waste reduction, reuse and recycling through reduced rates for smaller containers, including at least one rate for a container that is 21 gallons or less in size. Based on the average weight of solid waste disposed per container for containers of different sizes, the rate on a per pound disposed basis shall not decrease with increasing size of containers, nor shall the rates per container service be less with additional containers serviced.

(i) A collection and composting system for food, paper that is not recyclable because of contamination and other compostable waste from commercial and institutional entities that generate large amounts of such wastes.

(3)(a) Each city with a population of at least 4,000 but not more than 10,000 that is not within a metropolitan service district and any county responsible for the area between the city limits and the urban growth boundary of such city shall implement one of the following:

(A) The program elements set forth in subsection (2)(a), (b) and (c) of this section;

(B) A program that includes at least three elements set forth in subsection (2) of this section; or

(b) Each city that is within a metropolitan service district or that has a population of more than 10,000 and any county responsible for the area within a metropolitan service district or the area between the city limits and the urban growth boundary of such city shall implement one of the following:

(A) Program elements set forth under subsection (2)(a), (b) and (c) of this section and one additional element set forth under subsection (2) of this section;

(B) A program that includes at least five elements set forth under subsection (2) of this section; or

(4)(a) Recovery rates shall be determined by dividing the total weight of material recovered by the sum of the total weight of the material recovered plus the total weight of solid waste disposed that was generated in each wasteshed. It is the policy of the State of Oregon that recovery of material shall be consistent with the priority of solid waste management in ORS 459.015 (2). [Therefore, except as provided in subsection (6) of this section, recovery rates shall include all material collected for recycling, both source separated or sorted from solid waste, including yard debris.]

(b) Each wasteshed implementing a waste prevention program shall receive a two percent credit on the wasteshed’s recovery rate. A waste prevention program shall include:

(A) A wasteshed-wide program to provide general educational materials to residents about waste prevention and examples of things residents can do to prevent generation of waste; and

(B) Two of the following:

(i) Reduce the wasteshed annual per capita waste generation by two percent each year;

(ii) Conduct a waste prevention media promotion campaign targeted at residential generators;

(iii) Expand the education program in primary and secondary schools to include waste prevention and reuse;

(iv) Household hazardous waste prevention education program;

(v) Local governments will conduct waste prevention assessments of their operations, or provide waste prevention assessments for businesses and institutions and document any waste prevention measures implemented;

(vi) Conduct a material specific waste prevention campaign for businesses throughout the wasteshed; [or]

(vii) Implement a Resource Efficiency Model City program[.];

(viii) Conduct a material-specific waste prevention education campaign that focuses on a toxic or energy-intensive material;

(ix) Local governments will implement programs to buy recycled-content products for their operations, consistent with procurement guidelines issued by the United States Environmental Protection Agency; or

(x) Local governments will implement programs for new construction and remodeling of local government buildings that incorporate recycled-content materials, energy conservation features, water conservation and stormwater management features and other elements to increase the resource efficiency and lower the environmental impact of these buildings.

(c) Each wasteshed implementing a reuse program shall receive a two percent credit on the wasteshed’s recovery rate. A reuse program shall include:

(A) A promotion and education campaign on the benefits and opportunities for reuse available to the public in the wasteshed; and

(B) Two of the following:

(i) Operate construction and demolition debris salvage programs with depots;

(ii) Promote reuse programs offered by local resale businesses, thrift stores and equipment vendors, such as computer and photocopier refurbishers, to the public and businesses;

(iii) Identify and promote local businesses that will take back white goods for refurbishing and resale to the public;

(iv) Develop and promote use of waste exchange programs for the public and private sectors;

(v) Site accommodation for recovery of reusable material at transfer stations and landfills; or

(vi) Sidewalk pickup or community fair program in cities over 4,000 population in the wasteshed.

(d) Each wasteshed implementing a residential composting program shall receive a two percent credit on the wasteshed’s recovery rate. A residential composting program shall include:

(A) Promotion of the residential composting program through public information and demonstration sites or sites; and

(B) Two of the following:

(i) A program to encourage leaving grass clippings generated by lawn mowing on-site rather than bagging the clippings for disposal or composting;

(ii) A composting program for local schools;

(iii) An increase in availability of compost bins for residents; or

(iv) Another program increasing a household’s ability to manage yard trimmings or food wastes.

(e) A wasteshed may receive, upon application to the Department of Environmental Quality, a recovery credit greater than two percent for a residential composting program. To receive the recovery credit under this paragraph, the wasteshed must provide quantitatively verifiable documentation of residential composting tonnage to the department. The documentation must show that more than two percent of the wasteshed’s generated tonnage of solid waste is diverted from the wastestream by residential composting.

[(e)] (f)(A) If there is not a viable market for recycling a material under paragraph (a) of this subsection, the composting or burning of the material for energy recovery may be included in the recovery rate for the wasteshed.

(B) If the material is burned for energy recovery and then included in the recovery rate for Clackamas, Multnomah or Washington Counties in aggregate or for Benton, Lane, Linn, Marion, Polk or Yamhill County wastesheds, the same material, when burned as part of mixed solid waste, may be included in the recovery rate for a wasteshed that burns mixed solid waste for energy recovery. The amount of the material within the mixed solid waste that may be included in the recovery rate for energy recovery shall be determined by a waste composition study performed by the wasteshed at least every four years.

(C) Mixtures of materials that are composted or burned for energy recovery shall not be included in the recovery rate if more than half of the mixed materials by weight could have been recycled if properly source separated.

(D) In its annual report to the department, the county or metropolitan service district shall state how much composting or energy recovery under this paragraph is included as recovery and state the basis for the determination that there was not a viable market for recycling the material.

(E) As used in this paragraph, “viable market” means a place within a wasteshed that will pay for the material or accept the material free of charge or a place outside a wasteshed that will pay a price for the material that, at minimum, covers the cost of transportation of the material.

[(f)] (g) Recovery rates shall not include:

(A) Industrial and manufacturing wastes such as boxboard clippings and metal trim that are recycled before becoming part of a product that has entered the wholesale or retail market.

(B) Metal demolition debris in which arrangements are made to sell or give the material to processors before demolition such that it does not enter the solid waste stream.

(D) Material recovered for composting or energy recovery from mixed solid waste, except as provided in paragraph [(e)] (f) of this subsection [and in subsection (6)(a) of this section].

[(E) Mixed solid waste burned for energy recovery.]

[(g)] (h) “Solid waste disposed” shall mean the total weight of solid waste disposed other than the following:

(A) Sewage sludge or septic tank and cesspool pumpings;

(B) Waste disposed of at an industrial waste disposal site;

(C) Industrial waste, ash, inert rock, dirt, plaster, asphalt and similar material if delivered to a municipal solid waste disposal site or demolition disposal site and if a record is kept of such deliveries and submitted as part of the annual report submitted under ORS 459A.050;

(D) Waste received at an ash monofill from an energy recovery facility; and

(E) Solid waste not generated within this state.

(i) The statewide recovery rate shall include the two percent credit for reuse programs under paragraph (c) of this subsection and the credit for residential composting under paragraphs (d) and (e) of this subsection, beginning with the statewide recovery rate calculated for the calendar year 2001.

(5)(a) Each local government that franchises or licenses the collection of solid waste and establishes the rates to be charged for collection service shall either:

(A) Include in those rates all net costs incurred by the franchisee or licensee for providing the “opportunity to recycle” under ORS 459A.005 and for implementing the requirements of subsection (3) of this section; or

(B) Fund implementation of the “opportunity to recycle” under ORS 459A.005 or the requirements of subsection (3) of this section through an alternative source of funding including but not limited to disposal fees.

(b) As used in this subsection, “net costs” includes but is not limited to the reasonable costs for collecting, handling, processing, storing, transporting and delivering recyclable material to market and for providing any required education and promotion or data collection services adjusted by a factor to account for proceeds from the sale of recyclable material.

(6)(a) Clackamas, Multnomah and Washington counties, in aggregate, shall achieve a recovery rate of [45] 62 percent for the calendar year [1995] 2005 and 64 percent for the calendar year 2009. [No more than five percent of the recovery level may be achieved by the processing of mixed solid waste compost. If the metropolitan service district does not develop a mixed solid waste composting process, the recovery rate for Clackamas, Multnomah and Washington counties, in aggregate, shall be 40 percent for the calendar year 1995.]

[(b) The following wastesheds shall achieve a recovery rate of 30 percent for the calendar year 1995:]

[(A) Benton County;]

[(B) Lane County;]

[(C) Linn County;]

[(D) Marion County;]

[(E) Polk County; and]

[(F) Yamhill County.]

[(c) The following wastesheds shall achieve a recovery rate of 25 percent for the calendar year 1995:]

[(A) Clatsop County;]

[(B) Columbia County;]

[(C) Deschutes County;]

[(D) Douglas County;]

[(E) Hood River County;]

[(F) Jackson County;]

[(G) Josephine County; and]

[(H) Wasco County.]

[(d) The following wastesheds shall achieve a recovery rate of 15 percent for the calendar year 1995:]

[(A) Baker County;]

[(B) Coos County;]

[(C) Crook County;]

[(D) Curry County;]

[(E) Klamath County;]

[(F) Lincoln County;]

[(G) Malheur County;]

[(H) Tillamook County;]

[(I) Umatilla County;]

[(J) Union County; and]

[(K) The City of Milton-Freewater.]

[(e) The following wastesheds shall achieve a recovery rate of seven percent for the calendar year 1995:]

[(A) Gilliam County;]

[(B) Grant County;]

[(C) Harney County;]

[(D) Jefferson County;]

[(E) Lake County;]

[(F) Morrow County;]

[(G) Sherman County;]

[(H) Wallowa County; and]

[(I) Wheeler County.]

(b) The wastesheds shall achieve the following recovery rates for the calendar year 2005:

(A) Baker County, 25 percent;

(B) Benton County, 45 percent;

(C) Clatsop County, 25 percent;

(D) Columbia County, 28 percent;

(E) Coos County, 30 percent;

(F) Crook County, 20 percent;

(G) Curry County, 30 percent;

(H) Deschutes County, 32 percent;

(I) Douglas County, 35 percent;

(J) Gilliam County, 20 percent;

(K) Grant County, 19 percent;

(L) Harney County, 30 percent;

(M) Hood River County, 25 percent;

(N) Jackson County, 40 percent;

(O) Jefferson County, 25 percent;

(P) Josephine County, 38 percent;

(Q) Klamath County, 15 percent;

(R) Lake County, 8 percent;

(S) Lane County, 45 percent;

(T) Lincoln County, 19 percent;

(U) Linn County, 40 percent;

(V) Malheur County, 21 percent;

(W) Marion County, 37 percent;

(X) City of Milton-Freewater, 22 percent;

(Y) Morrow County, 18 percent;

(Z) Polk County, 30 percent;

(AA) Sherman County, 20 percent;

(BB) Tillamook County, 30 percent;

(CC) Umatilla County, 20 percent;

(DD) Union County, 25 percent;

(EE) Wallowa County, 20 percent;

(FF) Wasco County, 35 percent;

(GG) Wheeler County, 20 percent; and

(HH) Yamhill County, 39 percent.

(c) The wastesheds shall achieve the following recovery rates for the calendar year 2009:

(A) Baker County, 25 percent;

(B) Benton County, 50 percent;

(C) Clatsop County, 25 percent;

(D) Columbia County, 32 percent;

(E) Coos County, 30 percent;

(F) Crook County, 20 percent;

(G) Curry County, 30 percent;

(H) Deschutes County, 45 percent;

(I) Douglas County, 40 percent;

(J) Gilliam County, 20 percent;

(K) Grant County, 19 percent;

(L) Harney County, 40 percent;

(M) Hood River County, 25 percent;

(N) Jackson County, 40 percent;

(O) Jefferson County, 25 percent;

(P) Josephine County, 38 percent;

(Q) Klamath County, 20 percent;

(R) Lake County, 10 percent;

(S) Lane County, 54 percent;

(T) Lincoln County, 20 percent;

(U) Linn County, 40 percent;

(V) Malheur County, 22 percent;

(W) Marion County, 54 percent;

(X) City of Milton-Freewater, 25 percent;

(Y) Morrow County, 20 percent;

(Z) Polk County, 35 percent;

(AA) Sherman County, 20 percent;

(BB) Tillamook County, 30 percent;

(CC) Umatilla County, 20 percent;

(DD) Union County, 25 percent;

(EE) Wallowa County, 20 percent;

(FF) Wasco County, 35 percent;

(GG) Wheeler County, 20 percent; and

(HH) Yamhill County, 45 percent.

(d) Each wasteshed shall prepare an individualized plan that identifies policies or programs specific to the wasteshed’s local conditions to achieve the required recovery goals. The plan shall be available to the department upon the department’s request by December 31, 2001. The plan shall be updated by December 31, 2006, and updated again by December 31, 2010. Clackamas, Multnomah and Washington Counties, in aggregate, may meet this requirement through the programs under ORS 459.340, 459.345, 459.350 and 459A.050.

(e) If a wasteshed does not achieve its 2005 or 2009 waste recovery goal, the wasteshed shall conduct a technical review of existing policies or programs and determine revisions to meet the recovery goal. The department shall, upon the request of the wasteshed, assist in the technical review. The wasteshed may request, and may assist the department in conducting, a technical review to determine whether the wasteshed goal is valid.

[(7) In any wasteshed set forth in subsection (6)(b) of this section using, on or before July 1, 1991, an energy recovery facility to dispose of its solid waste, the recovery rate shall be 25 percent until the solid waste disposed of from within the wasteshed exceeds 180,000 tons. Any solid waste disposed of by the wasteshed in excess of 180,000 tons shall achieve a recovery rate of 30 percent.]

[(8) On or before July 1, 1998, the local government units responsible for solid waste management in each wasteshed identified under this section shall jointly adopt a recovery goal for the wasteshed. On behalf of each wasteshed, each county or another entity designated by the local government units in the wasteshed shall notify the Department of Environmental Quality on or before July 1, 1998, of the recovery goal adopted for the wasteshed. The wasteshed recovery goal shall be at least as high as the higher of:]

[(a) The recovery rate for the wasteshed set forth in subsection (6) of this section; or]

[(b) The actual recovery rate achieved by the wasteshed for the 1996 calendar year.]

[(9) If a wasteshed fails to achieve the recovery rate set forth in subsection (6) or (7) of this section, any city with a population of more than 4,000 or a county responsible for the area between the city limits and the urban growth boundary of such city shall institute, not later than January 1, 1998, two additional program elements as set forth in subsection (2) of this section.]

[(10) If a wasteshed achieves and maintains the recovery rate set forth in subsection (6) or (7) of this section, subsection (9) of this section shall not apply.]

[(11)] (7) In calculating the recovery rates set forth in subsection (6) [or (8)] of this section, commercial, industrial and demolition scrap metal, vehicles, major equipment and home or industrial appliances that are handled or processed for use in manufacturing new products and that do not routinely enter the solid waste stream through land disposal facilities, transfer stations, recycling depots or on-route collection programs shall not be counted as material recovery or recycling. The department shall annually conduct an industry survey to determine the contribution of post-consumer residential scrap metal, including home appliances, to recycling and recovery levels in a manner which prevents double counting of material recovered. Information collected under the provisions of this section, as it relates specifically to private sector 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 to 192.505. The department may use and disclose such information in aggregated form.

SECTION 3. ORS 459A.065 is amended to read:

459A.065. (1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to [source separate] recycle identified recyclable material that has been source separated from other solid waste [and] or otherwise make the material available for recycling.

(2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating [and] or otherwise making the material available for recycling or reuse.

(3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that:

(a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS 459.015;

(b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and

(c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS 459.015.

(4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling.

SECTION 4. ORS 459A.050 is amended to read:

459A.050. (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. 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) 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 [(4)(g)] (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;

(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 to 192.505. 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 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.

SECTION 5. ORS 459A.055 is amended to read:

459A.055. (1)(a) Upon written application by an affected person, the Environmental Quality Commission may, to accommodate special conditions in the wasteshed or a portion thereof, grant a variance from specific requirements of the rules or guidelines adopted under ORS 459A.025 [or if the affected person complies with the criteria established in ORS 459A.060, from the requirements established in ORS 459A.010 (9)].

(b) The Environmental Quality Commission may grant all or part of a variance under this section.

(c) Upon granting a variance, the commission may attach any condition the commission considers necessary to carry out the provisions of ORS 459.015, 459.250 and 459A.005 to 459A.665.

(d) In granting a variance, the commission must find that:

(A) Conditions exist that are beyond the control of the applicant;

(B) Special conditions exist that render compliance unreasonable or impractical; or

(2) An affected person may apply to the commission to extend the time permitted under ORS 459.005, 459.015, 459.035, 459.250, 459A.005 and 459A.050 for providing for all or a part of the opportunity to recycle or submitting a recycling report to the Department of Environmental Quality. The commission may:

(a) Grant an extension upon a showing of good cause;

(b) Impose any necessary conditions on the extension; or

SECTION 6. ORS 459A.060 is repealed.

SECTION 7. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date June 21, 2001

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