Or. Admin. Code § 340-096-0820

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

Section 340-096-0820 - Commingled Recycling Processing Facility Certification Program

(1) In accordance with ORS 459A.905(2)(a)(B), a local government, the local government's service provider or a commingled recycling reload facility may only deliver to a commingled recycling processing facility located outside of this state commingled recyclables that were collected pursuant to the uniform statewide collection list established under ORS 459A.914 if the commingled recycling processing facility is certified pursuant to this rule or can certify that it meets the requirements of ORS 459A.955 or 459A.956, even though the facility does not hold a certificate

(2) In any given calendar year, the requirement for a certification in Section (1) only applies to an out-of-state commingled recycling processing facility that has accepted at least 280 tons of commingled recyclable material that originated in this state in that calendar year.

(3) A commingled recycling processing facility may obtain a third-party certification from an entity on a list approved by DEQ pursuant to Section (4) or a commingled recycling processing facility may self-certify that it meets the certification requirements of this rule.

(4) DEQ shall develop a list of approved third parties to issue certificates.

(5) Certification Standards. A commingled recycling processing facility that requires certification pursuant to Section (2) must meet the requirements of ORS 459A.955(2) and OAR 340-096-0300(3), (4), and (5) to be certified under this rule. A commingled recycling processing facility shall demonstrate meeting those requirements as follows:

(a) for the requirements of ORS 459A.955(2)(d) and (e) by complying with all relevant requirements of the jurisdiction where it is located.

(b) the requirements of ORS 459A.955(2)(f) apply to all inbound materials originating from this state.

(c) For capture rates and outbound contamination standards, as described in ORS 459A.955(2)(a) and (c) and OAR 340-096-0300(2)(a), the amount of material assessed will be the percentage of the total tons of inbound commingled recyclable material that originated from this state in the last calendar year. The percentage requirement must be determined separately for each commodity marketed by the commingled recycling processing facility.

(d) For responsible end market disposition and reporting requirements under ORS 459A.955(2)(b) and (h) and OAR 340-096-0310(2) the amount of material assessed will be the same percentage calculated for that commodity under subsection (c).

(6) A commingled recycling processing facility certified under this rule must receive periodic assessments of compliance with capture rates and outbound contamination requirements as provided by this Section.

(a) For the purposes of this section, "conventional evaluation method assessment" means the manual sorting of material, whether the material to be sorted is in loose or baled form, to determine a facility's compliance with the capture rate and outbound contamination rate performance standards.

(b) For the purposes of this section, "alternative evaluation method assessment" means the use of a method other than manual sorting of material, to determine a facility's compliance with the capture rate and outbound contamination rate performance standards. An example of such a method is use of artificial intelligence technology.

(c) A commingled recycling processing facility must contract with a DEQ-approved third-party certifier to conduct periodic assessments using a methodology established by DEQ. Such assessments shall meet the requirements established under OAR 340-096-0300(3)(c)(d)(e) and (g) and as provided by this section.

(d) The percentage of material assessed will be the percentage of the commingled recycling processing facility's total annual tonnage that originated from this state. The commingled recycling processing facility will be responsible for selecting the percentage of loose material or bales to be sorted by the third-party certifier or a contractor to the third-party certifier.

(e) A third-party certifier, or a contractor to a third-party certifier, may use one or more sampling events to evaluate compliance with performance standards and to determine a commingled recycling processing facility's capture rate across all commodities and the average outbound contamination rate.

(f) If multiple site visits are necessary to assess compliance with the capture rate and outbound contamination rate-based performance standards, DEQ will work with the third-party certifier to determine the need and schedule of any required follow-up sampling assessments.

(g) DEQ will arrange and be responsible for costs related to the first unannounced conventional evaluation method assessments conducted by a third-party certifier or a contractor to a third-party certifier. If the assessment determines the commingled recycling processing facility fails to meet the established performance standards for capture rates and outbound contamination, follow-up assessments will be undertaken, in accordance with protocols and a schedule to be approved by DEQ. The commingled recycling processing facility shall implement the follow-up assessment in accordance with the DEQ approved protocols and schedule. All follow-up assessments will be subject to observation by a third-party certifier.

(7) Material Disposition Reporting. A service provider or a commingled recycling reload facility that transports materials collected pursuant to the uniform statewide collection list established under ORS 459A.914 to a commingled recycling processing facility located outside of this state that meets the requirements of this rule must obtain material disposition information from that facility for the materials that originated in this state. A service provider or a commingled recycling reload facilities shall report such information to DEQ on a schedule consistent with OAR 340-096-0310(2)(a)(B).

(8) The requirements of this rule are effective on July 1, 2025.

Or. Admin. Code § 340-096-0820

DEQ 20-2024, adopt filed 11/24/2024, effective 11/24/2024

Statutory/Other Authority: ORS 459A.905

Statutes/Other Implemented: ORS 459A.905