Or. Admin. Code § 340-090-0800

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-090-0800 - Expansion of Service Funding and Needs Assessment

(1) Costs associated with the expansion and provision of recycling collection service for covered products, as provided by ORS 459A.890(5) are eligible costs for funding or reimbursement by a producer responsibility organization.

(a) A producer responsibility organization must provide funding for activities requested by local governments through the periodic needs assessment including, but not limited to:

(A) Adding new services,

(B) Expanding services, or

(C) Adding or expanding recycling depots as needed to provide convenient recycling opportunities.

(b) A producer responsibility organization, or coordinating body, will not provide funding for expansion that is inconsistent with the finalized terms of expansion between the producer responsibility organization, or coordinating body, and the local government or a local government's service provider.

(c) Eligible costs under ORS 459A.890(5) include but are not limited to:

(A) Start-up costs for on-route programs including but not limited to:

(i) Trucks,

(ii) Collection containers, roll carts, or both,

(iii) On-board contamination monitoring equipment and software,

(iv) New program promotional literature,

(v) The process of hiring and training staff,

(vi) Staff safety equipment, and

(vii) Recycling reload facilities for reloading recyclables, including but not limited to any equipment necessary for moving, compacting, baling and loading recyclables for shipment for the recycling reload facility, provided that the facility is necessary, and no other facility is available or existing facilities are inadequate.

(B) Start-up and operational costs for recycling depots, including but not limited to:

(i) If necessary to establish such a location, acquiring, renting or leasing of land,

(ii) Site preparation or other start-up costs,

(iii) Collection containers,

(iv) Signage,

(v) On-site monitoring equipment,

(vi) Equipment to move, compact, bale and load recyclables for shipment,

(vii) Hiring and training staff,

(viii) Staff safety equipment, and

(ix) Operational costs,

(2) DEQ must conduct statewide needs assessments periodically in accordance with ORS 459A.890(8)(a).

(a) Local governments that request services through the periodic needs assessment will commit to providing additional services with an agreement with the producer responsibility organization, or coordinating body, after working with the producer responsibility organization, or coordinating body, to determine the details to be implemented according to 459A.890 (5)(b).

(b) Expansion of service commitments will be implemented by the local government and the local government's service providers, with the producer responsibility organization, or coordinating body, providing financial and educational assistance to the committed effort during the first approved producer responsibility program plan.

(c) DEQ may conduct up to two local government needs assessments for the producer responsibility organization, or coordinating body, to respond to for each subsequent program plan according to ORS 459A.875.

(d) For expansion that is to occur at the beginning of a program plan subsequent to the initial program plan, DEQ will submit information to the producer responsibility organization, or coordinating body, from a local government needs assessment 18 months before the current program plan is due to expire.

(e) For expansion that is to occur mid-program plan, DEQ may submit information from a local government needs assessment at least four years before the current program plan is due to expire.

(f) When DEQ sends a local government needs assessment report to a producer responsibility organization, or coordinating body, within four years of the current program plan expiration, the producer responsibility organization, or coordinating body, must submit a program plan amendment to DEQ to address the service expansion interest from the needs assessment within 180 days.

(A) Upon completion of a request for expansion of service, any unused advanced funding provided by a producer responsibility organization, or coordinating body, to a local government or local government's service provider, for the purposes of funding that expansion request, must be returned to the producer responsibility organization, or coordinating body, within 60 days of completion of the expansion request. An invoice detailing how the local government or local government's service provider used the advanced funding must also be provided.

(B) Upon request of DEQ, a local government or a local government's service provider must demonstrate to DEQ's satisfaction that the funding a local government or a local government's service provider received was used for its intended purpose.

(3) A local government must identify to DEQ service providers that are authorized to receive advanced funding or reimbursement directly, as described in this rule, from the producer responsibility organization, or coordinating body, via a process to be determined by the department. If for any reason a service provider to the local government changes, the local government is responsible for informing DEQ of that change.

(4) A local government and service providers authorized by a local government to provide services, that has received funds for expansion or improvements to recycling collection under ORS 459A.890 and this rule must report to the producer responsibility organization, or coordinating body, when the expansion or improvements have been fully implemented. A local government or a local government's service provider authorized by a local government to provide services must also report the status of implementation to the producer responsibility organization, or coordinating body, on an annual basis for any funded collection program that has not been fully implemented, so that the producer responsibility organization, or coordinating body, may include that information in the annual report required under ORS 459A.887.

Or. Admin. Code § 340-090-0800

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