(1) As used in ORS § 459.015, 459.250 and 459A.005 to 459A.665, the ‘opportunity to recycle’ means at least that the city, county or metropolitan service district responsible for solid waste management:

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(a)(A) Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS § 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material, including the materials on the uniform statewide collection list established under ORS § 459A.914 designated for recycling collection services described in ORS § 459A.863 (25)(a) to (c), from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

(B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

(b) Complies with the program element requirements described in ORS § 459A.007.

(2) The ‘opportunity to recycle’ defined in subsection (1) of this section also includes a public education and promotion program that:

(a) Gives notice to each person of the opportunity to recycle; and

(b) Encourages source separation of recyclable material. [Formerly 459.165; 2015 c.534 § 1; 2021 c.681 § 48]

The amendments to 459A.005 by section 2, chapter 534, Oregon Laws 2015, become operative July 1, 2026. See section 3, chapter 534, Oregon Laws 2015, as amended by section 50, chapter 681, Oregon Laws 2021. The text that is operative on and after July 1, 2026, including amendments by section 49, chapter 681, Oregon Laws 2021, is set forth for the user’s convenience.

(1) As used in ORS § 459.015, 459.250 and 459A.005 to 459A.665, the ‘opportunity to recycle’ means at least that the city, county or metropolitan service district responsible for solid waste management:

(a)(A) Provides a place for collecting source separated recyclable material, including the materials on the uniform statewide collection list established under ORS § 459A.914 designated for collection at a recycling depot, located either at a disposal site or at another location more convenient to the population being served and, if a city has a population of 4,000 or more, collection at least once a month of source separated recyclable material, including the materials on the uniform statewide collection list established under ORS § 459A.914 designated for recycling collection services described in ORS § 459A.863 (25)(a) to (c), from collection service customers within the city’s urban growth boundary or, where applicable, within the urban growth boundary established by a metropolitan service district; or

(B) Provides an alternative method that complies with rules of the Environmental Quality Commission; and

(b) Complies with the program element requirements described in ORS § 459A.007.

(2) The ‘opportunity to recycle’ defined in subsection (1) of this section also includes a public education and promotion program that:

(a) Gives notice to each person of the opportunity to recycle; and

(b) Encourages source separation of recyclable material.

(3) As used in this section, ‘collection service customers’ includes:

(a) Customers of a collection service as defined in ORS § 459.005; and

(b) The residential and commercial tenants of landlords or property managers that are customers of a collection service for the benefit of their tenants. The Director of the Department of Environmental Quality may approve exemptions to the requirement to provide the opportunity to recycle to tenants described in this paragraph in cases of extreme compliance barriers caused by lack of space, local land use or zoning laws or other insurmountable challenges.