(1) "Affected person" means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.
(2) "Board of county commissioners" or "board" includes a county court.
(3) "Collection service" means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.
(4) "Commercial" means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.
(5) "Commission" means the Environmental Quality Commission.
(6) "Compost" means the controlled biological decomposition of organic material or the product resulting from such a process.
(7) "Department" means the Department of Environmental Quality.
(8)(a) "Disposal site" means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site.
(b) "Disposal site" does not include:
(A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;
(B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;
(C) A site used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or
(D) A site operated by a dismantler issued a certificate under ORS 822.110.
(9) "Energy recovery" means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.
(10) "Franchise" includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.
(11) "Hazardous waste" has the meaning given that term in ORS 466.005.
(12) "Household hazardous waste" means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. "Household hazardous waste" may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.
(13) "Land disposal site" means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.
(14) "Landfill" means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.
(15) "Local government unit" means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to 468A.175 or any other local government unit responsible for solid waste management.
(16) "Material recovery" means any process of obtaining from solid waste, by presegregation or otherwise, materials that still have useful physical or chemical properties and can be reused or recycled for some purpose.
(17) "Materials management" means an approach that seeks to reduce environmental impacts by managing materials throughout all stages of their life cycle, including but not limited to solid waste management.
(18) "Metropolitan service district" means a district organized under ORS chapter 268 and exercising solid waste authority granted to such district under this chapter and ORS chapters 268 and 459A.
(19) "Person" means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.
(20) "Recyclable material" means any material identified for recycling collection under ORS 459A.914 or any other material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.
(21) "Recycling" means any process by which solid waste materials are transformed into new products in a manner that the original products may lose their identity.
(22) "Region" means the states of Idaho, Oregon and Washington and those counties in California and Nevada that share a common border with Oregon.
(23) "Regional disposal site" means a disposal site that receives, or a proposed disposal site that is designed to receive more than 75,000 tons of solid waste a year from outside the immediate service area in which the disposal site is located. As used in this subsection, "immediate service area" means the county boundary of all counties except a county that is within the boundary of the metropolitan service district. For a county within the metropolitan service district, "immediate service area" means the metropolitan service district boundary.
(24) "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.
(25) "Solid waste" means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. "Solid waste" does not include:
(a) Hazardous waste as defined in ORS 466.005.
(b) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.
(c) Woody biomass that is combusted as a fuel by a facility that has obtained a permit described in ORS 468A.040.
(26) "Solid waste management" means prevention or reduction of solid waste, management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, recycling, reuse and material or energy recovery from solid waste and facilities necessary or convenient to such activities.
(27) "Source separate" means that the person who last uses recyclable material separates the recyclable material from solid waste.
(28) "Transfer station" means a fixed or mobile facility other than a collection vehicle where solid waste is deposited temporarily after being removed from the site of generation but before being transported to a final disposal location.
(29) "Waste prevention" means to reduce the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. "Waste prevention" does not include reuse, recycling or composting.
(30) "Wasteshed" means an area of the state having a common solid waste disposal system or designated by the commission as an appropriate area of the state within which to develop a common recycling program.
(31) "Woody biomass" means material from trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland, farm, rangeland or wildland-urban interface environment that is the by-product of forest management, ecosystem restoration or hazardous fuel reduction treatment.
(32) "Yard debris" includes grass clippings, leaves, hedge trimmings and similar vegetative waste generated from residential property or landscaping activities, but does not include stumps or similar bulky wood materials. [1971 c.648 §2; 1973 c.811 §1; 1973 c.835 §135; 1975 c.239 §1; 1977 c.867 §21; 1983 c.338 §931; 1983 c.729 §14; 1983 c.766 §5; 1987 c.876 §17; 1989 c.763 §12; 1989 c.833 §67; 1991 c.385 §6; 1991 c.765 §1; 1993 c.343 §1; 1993 c.560 §2; 1997 c.286 §3; 1997 c.552 §1; 2003 c.14 §290; 2005 c.654 §24; 2011 c.717 §1; 2021 c.681 §45]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 459 - Solid Waste Management
Section 459.007 - Applicability of ORS 459.005 to wood residue.
Section 459.017 - Relationship of state to local governments in solid waste management.
Section 459.025 - General powers and duties of department.
Section 459.049 - Mandated landfills in certain counties; establishment by state.
Section 459.051 - Procedural rules.
Section 459.053 - Powers of department regarding landfills.
Section 459.055 - Landfills in farm use areas; waste reduction programs.
Section 459.057 - Department to limit wastes allowed in landfills in certain counties.
Section 459.061 - Upland placement of dredged material; rules.
Section 459.065 - State preemption; intergovernmental agreements authorized.
Section 459.085 - County authority outside cities; effect of annexation; interagency agreements.
Section 459.095 - Restrictions on authority of local government units.
Section 459.109 - Effect of certain laws on cities and counties.
Section 459.125 - Authority of Marion County over products or by-products of county disposal sites.
Section 459.135 - Marion County authority over private facility in county.
Section 459.145 - Limits on Marion County authority.
Section 459.205 - Permit required.
Section 459.215 - Exclusion of certain sites from permit requirement; rules.
Section 459.225 - Variances authorized.
Section 459.235 - Applications for permits; fees.
Section 459.243 - Restrictions on issuance of permits under ORS 459.245.
Section 459.245 - Issuance of permits; terms; refusal to renew; disposal of liquid waste.
Section 459.247 - Prohibition on disposal of certain solid waste at disposal site.
Section 459.255 - Suspension or revocation of permits.
Section 459.265 - Hearings; appeal.
Section 459.270 - Renewal of permit prior to proposed closure of disposal site.
Section 459.272 - Evidence of financial assurance for land disposal site.
Section 459.273 - Disposition of excess moneys and interest received for financial assurance.
Section 459.280 - Definitions for ORS 459.284 and 459.290.
Section 459.310 - Surcharge on solid waste disposal; surcharge use.
Section 459.311 - Charge for remedial action or removal; amount; collection; allocation.
Section 459.315 - Definitions for ORS 459.315 to 459.330.
Section 459.320 - Regional disposal site advisory committee; membership; terms.
Section 459.325 - Duties of regional disposal site advisory committee.
Section 459.335 - Use of fees collected by the metropolitan service district.
Section 459.345 - Metropolitan service district report to commission.
Section 459.350 - Commission review of metropolitan service district report.
Section 459.376 - Action to enforce rules or orders.
Section 459.386 - Definitions for ORS 459.386 to 459.405.
Section 459.388 - Restrictions on discarding, storing or transporting infectious waste.
Section 459.390 - Procedures for segregation and containment of infectious waste; exemption.
Section 459.395 - Treatment of infectious wastes; rules.
Section 459.405 - Transport of infectious waste; certification; records.
Section 459.413 - Household hazardous waste depots; location; promotion program.
Section 459.415 - Department approval for collection activity required; written proposal.
Section 459.417 - Statewide household hazardous waste public education program.
Section 459.420 - Permitted lead-acid battery disposal; disposal by retailers.
Section 459.422 - Acceptance of used batteries by retailers and wholesalers.
Section 459.426 - Notice to customers.
Section 459.431 - Definitions for ORS 459.431 to 459.437.
Section 459.433 - Limitation on sale or promotion of alkaline manganese or zinc carbon batteries.
Section 459.437 - Requirements for sale or promotion of mercuric oxide batteries.
Section 459.705 - Definitions for ORS 459.705 to 459.790.
Section 459.708 - Waste tire generator; requirements.
Section 459.712 - Transport without carrier permit prohibited; exceptions.
Section 459.715 - Storage prohibited; exceptions.
Section 459.720 - Conditions for storage site permit.
Section 459.725 - Application for storage site operator or carrier.
Section 459.730 - Information in application for storage site permit; carrier permit; fees; bond.
Section 459.735 - Notification of permit application in county of proposed disposal site.
Section 459.772 - Use of processed, source-separated waste tires for energy recovery.
Section 459.775 - Waste Tire Recycling Account; uses.
Section 459.780 - Tire removal or processing plan; financial assistance; department abatement.
Section 459.790 - Exceptions to ORS 459.705 to 459.785.
Section 459.900 - Thermostats and motor vehicle switches containing mercury; disposal; findings.
Section 459.992 - Criminal penalties; license suspension and revocation.