1. (1) To qualify for exemption under ORS 459A.075 a source-separated recyclable material must be:

   1. (a) Source-separated by the generator; and
   2. (b) Purchased from or exchanged by the generator for fair market value for recycling or reuse.

2. (2) If, as part of the opportunity to recycle, a city or county requires by franchise that residential collection service of recyclable material be provided and identifies a group of two or more materials as the recyclable material for which the residential collection service must be provided, then:

   1. (a) "Fair market value" of any material within the identified group must include the provisions of collection service for all material in the identified group; and
   2. (b) "Recyclable material" means the group identified by the city or county.
3. (3) Local government may designate classes of residential dwellings to which specific types or levels of collection service are to be provided.

Statutory/Other Authority

ORS 459A.025, 459.045 & 468.020

Statutes/Other Implemented

ORS 459A.075

History

DEQ 3-2017, f. & cert. ef. 1-19-17
DEQ 27-1998, f. & cert. ef. 11-13-98
DEQ 31-1992, f. & cert. ef. 12-18-92, Renumbered from 340-060-0050
DEQ 26-1984, f. & cert. ef. 12-26-84