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.
DEQ is convening two separate listening sessions to inform commingled recycling processing facilities and limited sort facilities of new permitting requirements in the future recycling system that will launch July 1, 2025.
CRPF Listening Session – Dec. 17, 2024, 1 to 3 p.m.During this virtual listening session, DEQ will cover the CRPF permitting process, requirements of the new CRPF permit program and funding provided to CRPFs. DEQ will also dedicate time for CRPFs to ask DEQ any questions they may have about the RMA system and their responsibilities in the future system.
Register for Zoom meeting.
LSF Listening Session – Dec. 19, 2024, 1 to 3 p.m.During this virtual listening session, DEQ will address what a limited sort facility is, the permitting process and permit requirements for such facilities and funding available to LSFs. This listening session is for any entity contemplating or interested in becoming a limited sort facility in the future system or for entities currently operating in a manner that meets the definition of Limited sort facility under proposed OAR 340-093-0030(65)(b).
Register for Zoom meeting
Informational material
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.
Meeting 10: Limited Sort Facility Discussion, April 23, 2024
Meeting 9: Jan. 22, 2024
Meeting 8: Dec. 4, 2023
Meeting 7: Oct. 26, 2023
Meeting 6: Sept. 25, 2023
Meeting 5: Aug. 14, 2023
Meeting 4: June 13, 2023
Meeting 3: April 24, 2023
Meeting 2: Feb. 23, 2023
Meeting 1: Dec. 20, 2022
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.