Oregon Revised Statutes Chapter 459 § 459.049 — provides for a waste reduction program accepted by the department
Oregon Revised Statutes Chapter 459 ·
Oregon Code § 459.049·Enacted ·Last updated March 01, 2026
Statute Text
provides for a waste reduction program accepted by the department.
(3) A disposal
site subject to the requirements of subsection (2) of this section may not
accept solid waste from any person disposing of solid waste originating in any
local government unit that does not have a waste reduction program or a
contract accepted by the department. The department shall review the local
government programs and the contract programs in the manner provided in
subsection (5) of this section. A waste reduction program shall provide for:
(a) A commitment
by the local government unit to reduce the volume of waste that would otherwise
be disposed of in a landfill through techniques such as waste prevention,
recycling, reuse, composting and energy recovery;
(b) An
opportunity to recycle that:
(A) Includes a
program for recycling that achieves the applicable recovery rate in ORS
459A.010 (2) for waste originating in Oregon, or as demonstrated by the
disposal site operator for waste originating outside Oregon, either a recovery
rate equivalent to that achieved in a comparable county in Oregon or a
recycling and waste prevention program equivalent to the opportunity to recycle
in ORS 459A.005 (1)(a) and (2) and the program elements in ORS 459A.007; and
(B) For waste
originating inside Oregon, meets or exceeds the requirements of ORS 459.250 and
459A.005 to 459A.085;
(c) A timetable
for implementing each portion of the waste reduction program;
(d) Energy
efficient, cost-effective approaches for waste reduction;
(e) Procedures
commensurate with the type and volume of solid waste generated in the area; and
(f) Legal,
technical and economic feasibility.
(4) For each area
outside the state from which a disposal site receives solid waste, the disposal
site has two years after first accepting solid waste from the area to
demonstrate how the area complies with the requirements of subsection (3) of
this section. If after two years the waste reduction program required under
subsection (3) of this section is not implemented, the Environmental Quality
Commission may, by order, direct such implementation, or may prohibit the
disposal site from accepting waste from the person responsible for preparing
the waste reduction program. The disposal site operator shall provide written
notice to the department prior to first accepting solid waste from outside the
state. The requirements of this subsection apply only to contracts entered into
after September 9, 1995.
(5) The
department shall review a waste reduction program prepared under subsection (2)
of this section and shall accept the program if it meets the criteria
prescribed in subsection (3) of this section.
(6)
Notwithstanding ORS 459.245 (1), if the department fails to act on an
application subject to the requirements of this section within 60 days, the
application is not considered granted.
(7) A contract or
agreement for the disposal of solid waste made between an owner or operator of
a disposal site and a person does not affect the authority of the commission to
establish or modify the requirements of an acceptable waste reduction program
under subsection (2) of this section.
(8)
Notwithstanding any other provision of law relating to solid waste disposal, if
the state of origin prohibits or restricts the disposal of any kind of solid
waste within the state of origin, the prohibition or restriction also applies
to the disposal of the solid waste in Oregon. [1979 c.773 §8a; 1989 c.541 §2;
1991 c.765 §8; 1993 c.560 §12; 1995 c.541 §1; 1997 c.552 §3; 2015 c.534 §14]
Plain English Explanation
This Oregon statute addresses provides for a waste reduction program accepted by the department. AI-powered analysis coming soon.
Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 459.049
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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