ORS 459A.905
Prohibition on delivery of commingled recyclables to certain facilities
(1)
As used in this section, “commingled recycling reload facility” means a facility that receives commingled recyclables collected by a local government or local government’s service provider as an intermediate step prior to delivery to a commingled recycling processing facility.(2)
A local government, the local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 (Uniform statewide collection list) unless:(a)
At the time the local government, the local government’s service provider or the commingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:(A)
The commingled recycling facility held a valid permit issued under ORS 459A.955 (Permit required for commingled recycling processing facility); or(B)
For a commingled recycling facility located outside of this state:(i)
The facility held a valid certificate issued under ORS 459A.956 (Certification program); or(ii)
The facility certified that it otherwise met the requirements of ORS 459A.955 (Permit required for commingled recycling processing facility) or 459A.956 (Certification program), even though the facility did not hold a permit or certificate.(b)
Within six months after the Department of Environmental Quality completes a report under ORS 459A.932 (Equity study), the commingled recycling processing facility has taken steps to implement any recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005 (Definitions). [2021 c.681 §19](2)
A local government, the local government’s service provider or a commingled recycling reload facility may not deliver to a commingled recycling processing facility commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 (Uniform statewide collection list) unless:(a)
At the time the local government, the local government’s service provider or the commingled recycling reload facility delivered or contracted to deliver or transport materials to the commingled recycling facility:(A)
The commingled recycling facility held a valid permit issued under ORS 459A.955 (Permit required for commingled recycling processing facility); or(B)
For a commingled recycling facility located outside of this state:(i)
The facility held a valid certificate issued under ORS 459A.956 (Certification program); or(ii)
The facility certified that it otherwise met the requirements of ORS 459A.955 (Permit required for commingled recycling processing facility) or 459A.956 (Certification program), even though the facility did not hold a permit or certificate.(b)
The processor ensures the health, safety and wellness of workers at the facility regardless of whether the workers are employees, independent contractors or employees of another business.(c)
The processor provides workers at the facility with a living wage and supportive benefits, as defined by the rule by the Environmental Quality Commission.(d)
Within six months after the Department of Environmental Quality completes a report under ORS 459A.932 (Equity study), the commingled recycling processing facility has taken steps to implement any recommendations of the report related to providing opportunities in the recycling industry for women and minority individuals as defined in ORS 200.005 (Definitions).
Source:
Section 459A.905 — Prohibition on delivery of commingled recyclables to certain facilities, https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html.
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