(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 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; or
(B) For a commingled recycling facility located outside of this state:
(i) The facility held a valid certificate issued under ORS 459A.956; or
(ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, 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, 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. [2021 c.681 §19]
Note: 459A.905 becomes operative July 1, 2025. See section 63, chapter 681, Oregon Laws 2021.
Note: The amendments to 459A.905 by section 19a, chapter 681, Oregon Laws 2021, become operative January 1, 2027. See section 63, chapter 681, Oregon Laws 2021. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
(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 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; or
(B) For a commingled recycling facility located outside of this state:
(i) The facility held a valid certificate issued under ORS 459A.956; or
(ii) The facility certified that it otherwise met the requirements of ORS 459A.955 or 459A.956, 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, 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.