ORS 459A.955
Permit required for commingled recycling processing facility
- rules
(1)
On or after the date established by the Environmental Quality Commission under subsection (3) of this section, a person may not establish or operate a commingled recycling processing facility in this state unless the person obtains a disposal site permit issued by the Department of Environmental Quality under ORS 459.205 (Permit required).(2)
A disposal site permit issued to a commingled recycling processing facility must require the facility to:(a)
Sort all materials collected from the public so that materials do not become contaminants in other waste streams;(b)
Market materials to responsible end markets or to another commingled recycling processing facility, provided that the permittee complies with the requirements for a commingled recycling reload facility under ORS 459A.905 (Prohibition on delivery of commingled recyclables to certain facilities);(c)
Manage contaminants to avoid impacts on other waste streams or facilities;(d)
Refrain from creating a public nuisance or health hazard, consistent with rules adopted under this section;(e)
Limit air or water pollution or other adverse impacts on public health or the environment, consistent with rules adopted under this section;(f)
Evaluate and report on inbound material quality and contamination, in accordance with forms and procedures established by the department in ORS 459A.959 (Contamination);(g)
Accurately report outbound contamination levels; and(h)
For all materials held by the processor:(A)
Intentionally left blank —Ed.(i)
Accurately report the final end market of the materials; or(ii)
Obtain a certification that the responsible end markets for the materials meet standards for environmental and social sustainability established by a program approved by the commission under subsection (3) of this section.(B)
Proprietary information on the final end market of materials may be designated confidential by the processor and is not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department), except that the department or producer responsibility organizations may disclose summarized information or aggregated data if the information or data do not identify the proprietary information of any specific processor.(3)
The commission shall prescribe by rule the requirements for a permit issued under ORS 459.205 (Permit required) and this section. Rules adopted under this subsection shall allow for permitted facilities to direct, in response to an emergency failure of critical equipment at their own facility, and on a temporary basis, small amounts of unsorted inbound materials to other recycling processing facilities for sorting and recycling so long as such facilities meet the requirements described in subsection (2)(a), (c) and (g) of this section. Rules adopted under this section may include:(a)
A schedule for implementing the requirements of this section, including:(A)
The date by which a person must first obtain a permit required under this section; and(B)
Dates for the implementation of modified standards that a person must meet to satisfy the requirements of this section, and the accompanying standards; and(b)
The identification of approved programs for certifying the environmental and social sustainability of responsible end markets. [2021 c.681 §37]
Source:
Section 459A.955 — Permit required for commingled recycling processing facility; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors459A.html.
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