Or. Admin. Code § 340-090-0780

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-090-0780 - Method for Determining Payment of Transportation Costs

(1) A producer responsibility organization must include in a program plan submitted under ORS 459A.875 methods for calculating transportation costs.

(a) Methods may include rate schedules or zonal maps specific to locations and materials, periodic adjustments for fuel prices or other variable factors.

(b) Methods must account for proximity to an appropriate commingled recycling processing facility or responsible end market that has capacity to process or recycle the material and other factors that could affect transportation costs.

(c) Methods must include a voluntary option that allows local governments or service providers and a producer responsibility organization to agree to transfer some or all transportation responsibilities to the producer responsibility organization or coordinating body.

(d) A producer responsibility organization must share a draft approach and seek feedback from local governments and local government service providers to develop the proposed methods.

(e) DEQ will consider feedback from local governments and local government service providers on the method proposed by the producer responsibility organization in determining whether to approve the method as part of the producer responsibility plan under ORS 459A.878. DEQ may require a producer responsibility organization to amend an approved program plan at any time if the department determines that the approved methods are not adequate.

(f) A producer responsibility organization must implement the method for paying transportation costs approved as part of its program plan.

(2) A producer responsibility organization, or a coordinating body, a local government or designated local government's service provider and DEQ may agree in writing to use an alternative method of calculating transportation costs that is not approved as part of the program plan, provided that the alternative method complies with ORS 459A.890(2)(c) and any other applicable requirements.

Or. Admin. Code § 340-090-0780

DEQ 18-2023, adopt filed 11/17/2023, effective 11/17/2023

Statutory/Other Authority: ORS 459A.975 & 468.020

Statutes/Other Implemented: ORS 459A.860 - 459A.975