Commingled Recycling Processing Facilities and Limited Sort Facilities process commingled recyclable material, collected by programs providing the Opportunity to Recycle and market the processed waste materials to downstream facilities that meet Oregon's “Responsible" standards. Oregon Administrative Rule 340-096-0300 outlines the new operating requirements for Commingled Recycling Processing Facilities and Limited Sort Facilities. DEQ has provided the following resources to help you navigate these new requirements.
CRPFs and LSFs are solid waste disposal sites. CRPFs and LSFs must submit a new permit application or modification request. DEQ will process the complete application, conduct a site and facility visit, provide a public notice on the drafted permit, and then make a permit issuance decision. The table below outlines the permitting process.
The CRPF and LSF permitting process
Step 1: Application
Operator of proposed or existing facility gathers information and submits a complete application to DEQ (new or modification).
Step 2: Completeness review
Application is received and reviewed for completeness; DEQ works with the applicant to obtain a complete application.
Step 3: Site and facility visit
DEQ conducts a site and facility visit to observe facility's operations and obtain complete information about the facility.
Step 4: Draft permit and applicant review
DEQ drafts permit and permit evaluation report and shares the drafts with the facility for applicant review.
Step 5: Public notice
DEQ drafts public notice document and cover letter and puts the draft out for a 30- or 35-day public notice period. This includes the draft permit, permit evaluation report, public comment and may include a public hearing (as applicable).
Step 6: Comment period ends
DEQ responds to comments, alters permit as necessary and makes a permit issuance decision.
Step 7: Length of time to issue a permit
DEQ aims to issue a CRPF/LSF permit within four to six months after receiving a complete application (all required application materials). Complex permits may take longer to issue.
As established in OAR 340-096-0310, CPRFs and LSFs must ensure that all businesses or entities that receive processed recycled material from an Oregon commingled recycling processing facility or collection program are screened as "Responsible" prior to receiving Oregon-originated recyclable material. Prior to receiving the Oregon material, CPRFs and LSFs must ensure that downstream entities complete an Oregon Responsible End Market Screening and Self-Attestation Form. If due to circumstances beyond a CRPF's control, materials must be routed to a non-self-attested end market, the CRPF should complete and submit to the department an Oregon Responsible End Market Acknowledgement Form (Form A or Form B).
Under ORS 459A.923, a producer responsibility organization must pay a commingled recycling process facility a Processor Commodity Risk Fee. The PCRF is determined by commingled recycling processing facilities multiplying their eligible tons of commingled recyclable material against the difference of the fee rate established in OAR 340-090-0820(2) less the Average Commodity Value determined monthly by DEQ and in accordance to OAR 340-090-0820(3).
DEQ will publish the ACV on the DEQ web page within five business (5) days of the start of the subsequent month.
Disclaimer: These instructions are provided so potential permittees can more easily understand DEQ's requirements for commingled recycling processing facilities in Oregon. For complete rule language and definitions, refer to Oregon Administrative Rules Chapter 340, Divisions 90, 93, 96, and 97.