(1) The Environmental Quality Commission, in consultation with producer responsibility organizations and the Oregon Recycling System Advisory Council, shall by rule identify materials that are suitable for recycling collection in this state and the methods for collection of those materials. Rules adopted under this subsection must distinguish between:

(a) Materials collected to provide the opportunity to recycle; and

(b) Covered products of which a producer responsibility organization must provide for the collection through recycling depot or mobile collection events as provided in ORS § 459A.896.

(2) When identifying materials and collection methods under subsection (1)(a) of this section, the same material may be collected via on-route collection or at recycling depots in different geographic areas, as determined by local governments consistent with the requirements of ORS § 459A.005 and 459A.007.

(3) In determining whether a material should be included in a commingled recycling program for the uniform statewide collection list, collected separately, collected on-route or collected at a recycling depot, or whether a covered product should be collected by a producer responsibility organization under subsection (1)(b) of this section, the commission shall consider:

(a) The stability, maturity, accessibility and viability of responsible end markets;

(b) Environmental health and safety considerations;

(c) The anticipated yield loss for the material during the recycling process;

(d) The material’s compatibility with existing recycling infrastructure;

(e) The amount of the material available;

(f) The practicalities of sorting and storing the material;

(g) Contamination;

(h) The ability for waste generators to easily identify and properly prepare the material;

(i) Economic factors;

(j) Environmental factors from a life cycle perspective; and

(k) The policy expressed in ORS § 459.015 (2)(a) to (c).

(4) The Department of Environmental Quality shall establish and maintain a uniform statewide collection list of materials that are appropriate to be collected through a commingled recycling program. The list established under this subsection must include:

(a) The materials identified by the commission as suitable for commingled recycling under subsections (1)(a) and (2) of this section; and

(b) Covered products if any, proposed by a producer responsibility organization for addition to the uniform statewide collection list in a producer responsibility program plan or plan amendment and approved by the department under ORS § 459A.878.

(5) Except as provided in subsection (6) of this section, a material may not be collected as part of a commingled recycling program unless the material is identified for collection as part of a commingled recycling program on the uniform statewide collection list.

(6) A material that is not identified for collection as part of a commingled recycling program on the uniform statewide collection list may be collected as part of a commingled recycling program if:

(a) The material is collected as part of a trial or research program;

(b) The trial or research program is of limited duration; and

(c) The trial or research program is conducted in a limited area.

(7) The commission shall establish by rule collection targets, convenience standards and performance standards for producer responsibility organizations that collect covered products identified by the commission under subsection (1)(b) of this section. [2021 c.681 § 22]