Or. Admin. Code § 340-090-0790

Current through Register Vol. 63, No. 12, December 1, 2024

Section 340-090-0790 - Expansion of Service

(1) The program plan must describe how the producer responsibility organization will implement the requirements of ORS 459A.890(5), this section and OAR 340-090-0800. The producer responsibility plan must include:

(a) A schedule for implementing collection program expansions and improvements throughout the state;

(b) For the initial program plan period only (July 2025 through December 2027), a plan for how the producer responsibility organization will implement expansion of collection services according to the following order of priority:

(A) Highest priority shall be given to local governments that are not, or will not be, able to provide the opportunity to recycle as stated in ORS 459A.005 and ORS 459A.007, in the absence of producer responsibility organization funding.

(B) Existing recycling depots to provide for the collection of any materials that were formerly collected on-route by the local government or a local government's service provider, as needed to ensure continuation of recycling opportunities.

(C) Existing recycling depots to provide for the collection of any materials that are not currently or were not formerly collected on-route by the local government or the local government's service provider.

(D) Local governments with populations less than 4,000, according to the Portland State University Population Research Center's most recent Population Estimate Report, or such other estimate approved by the department, regardless of whether they are looking to add new service or expand existing services.

(E) Local governments of any size that are looking to add new on-route or recycling depot service.

(F) All other local governments that are looking to expand existing on-route collection, recycling depots or both, in order of ascending population.

(c) For program plan periods after the initial period described in subsection (b) of this section, DEQ may provide guidance to a producer responsibility organization, or coordinating body, for the inclusion of any priority for implementing the expansion of collection service in a renewed program plan.

(d) A method for determining advanced funding or reimbursement amounts under ORS 459A.890(5), consistent with OAR 340-090-0810.

(e) An estimate of the total amount of funds that will be made available to each local government included in DEQ's needs assessment under ORS 459A.890(5) per year; and

(f) Sample forms with details to be included in reimbursement or advanced funding requests from local governments or a local government's service provider authorized by a local government to provide services under ORS 459A.890.

(2) A producer responsibility organization must submit a new plan or a plan amendment to a producer responsibility program plan according to ORS 459A.881 at the following times:

(a) When responding to a new needs assessment provided by DEQ according to ORS 459A.890(8) and OAR 340-090-0800; and

(b) When an updated estimate of the total amount of funds that will be made available to local governments under ORS 459A.890(5) over the course of the program plan period deviates from the estimated amount of funds in the program plan budget by more than 20%.

Or. Admin. Code § 340-090-0790

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975