Commingled Recycling Processing Facilities

The Recycling Modernization Act (section-by-section summary) has a number of important details that relate to the facilities that process commingled recyclables from Oregon.

• Sections 19 (ORS 459A.905) and 19A prohibit local governments from directing materials to facilities that are not permitted (if in-state), or certified or meet similar standards (if out-of-state).
• Sections 37 (ORS 459A.955) and 38 (ORS 459A.956) define the requirements of a permit or certificate.
• Sections 24 (ORS 459A.920) and 25 (ORS 459A.923) require DEQ to undertake several studies of the cost of commingled processing, and to use these studies to inform the development of fees which producer responsibility organizations will pay to commingled processing facilities. The fees will be designed to compensate facilities for the cost of removing covered products that are contaminants, and to protect ratepayers from increased costs associated with processing and marketing of recyclables.

These requirements will be the subject of a rulemaking that DEQ will undertake during 2023 and 2024. Initial research will begin in 2022. Initial research associated with the MRF Fees and Permit and Certification Programs project will begin in early 2023.

Informational material

• Study Results: Processor Commodity Risk Fee/Contamination Management Fee 
  Courtesy of Crowe LLP

Technical workgroup

DEQ is convening a technical workgroup to evaluate data and provide information related to commingled recycling processing facilities, specifically work related to the combined MRF Fees and Permit and Certification Programs project. The technical workgroup will meet from December 2022 to November 2023. All meetings are open to the public. 

• Workgroup Charter
  
• Workgroup Roster
  

Request for information

DEQ has published a Request for Information seeking information to help it develop a Request for Proposals for the studies mandated by ORS 459A.920 and ORS 459A.923. The deadline for responses was June 17, 2022. DEQ hosted a public meeting to answer questions about the Request for Information on June 1, 2022.

Rulemaking

DEQ is currently projecting that proposed rules associated with the MRF Fees and Permit and Certification Programs project will be considered by the EQC in mid to late 2024. That rulemaking is supported by a Rulemaking Advisory Committee and provides additional opportunities for public involvement during all meetings of the Committee and again once rules are drafted.