(1) Upon findings made under subsection (3) of this section, the Environmental Quality Commission may require one or more classes of solid waste generators within all or part of a wasteshed to recycle identified recyclable material that has been source separated from other solid waste or otherwise make the material available for recycling.

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(2) In determining which materials are recyclable for purposes of mandatory participation, the cost of recycling from commercial or industrial sources shall include the generator’s cost of source separating or otherwise making the material available for recycling or reuse.

(3) Before requiring solid waste generators to participate in recycling under this section, the commission must find, after a public hearing, that:

(a) The opportunity to recycle has been provided for a reasonable period of time and the level of participation by generators does not fulfill the policy set forth in ORS § 459.015;

(b) The mandatory participation program is economically feasible within the affected wasteshed or portion of the wasteshed; and

(c) The mandatory participation program is the only practical alternative to carry out the policy set forth in ORS § 459.015.

(4) After a mandatory participation program is established for a class of generators of solid waste, no person within the identified class of generators shall put solid waste out to be collected nor dispose of solid waste at a disposal site unless the person has separated the identified recyclable material according to the requirements of the mandatory participation program and made the recyclable material available for recycling. [Formerly 459.188; 1993 c.560 § 82; 2001 c.513 § 3]