OAR 340-090-0370
Recycling Rate Compliance
(1)
The aggregate recycling rate for compliance purposes in Oregon for all rigid plastic containers, as calculated pursuant to OAR 340-090-0380 (Recycling Rate Calculation)(2), is at least 25%.(2)
It is a specified type of rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%:(a)
A manufacturer using this recycling rate option may designate the type of rigid plastic containers on which the recycling rate will be based. This becomes the specified-type. A specified-type may be designated using any one or combination of the following characteristics:(A)
Type of plastic resin used to manufacture the container, for example HDPE, natural HDPE, colored HDPE, PETE, PVC;(B)
Shape and design of the container, for example all bottles, all tubs, all gallon jugs, all buckets;(C)
Use of the container, for example milk bottles, non-milk dairy containers, household chemical containers, or other generic product lines;(D)
Other specified characteristics of the container.(b)
The characteristics used to identify a specified type of rigid plastic container may not exclude or limit it to an individual product-associated container.(3)
Intentionally left blank —Ed.(a)
It is a product-associated rigid plastic container and the recycling rate in Oregon for that type of container, in the aggregate, is at least 25%;(b)
A product manufacturer using this recycling rate option may designate the product-associated rigid plastic container on which the recycling rate will be based. This becomes the product-associated rigid plastic container. A product-associated rigid plastic container may be designated by the following single or combination of characteristics but must be limited to a specific brand and generic product line:(A)
The brand of product in the container (Example: all Brand X products or all Brand Y products);(B)
The brand and type of product in the container (Example: Brand X dish soap or Brand Y cooking oil);(C)
The brand and type of container (Example: all Brand X gallon jugs or all Brand Y jars);(D)
The brand and resin type of the container (Example: all Brand X PETE containers, or all Brand Y HDPE containers);(E)
Other specific characteristics or combination of characteristics which are brand specific.(4)
A manufacturer choosing the options described in sections (2) or (3) of this rule may rely upon disposal or recycling data DEQ generates, where available. Manufacturers using other data to calculate a recycling rate must be able to document that such data was generated by a methodology acceptable to DEQ and are verifiable.
Source:
Rule 340-090-0370 — Recycling Rate Compliance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-090-0370
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