Chapter 717
Oregon Laws 2011
AN ACT
SB 993
Relating to
solid waste; creating new provisions; and amending ORS 459.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 459.005 is amended to
read:
459.005. As used in ORS 459.005 to 459.437,
459.705 to 459.790 and 459A.005 to 459A.665:
(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) “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.
(18) “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.
(19) “Recyclable material” means any
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.
(20) “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.
(21) “Region” means the states of
Idaho, Oregon and Washington and those counties in California and Nevada that
share a common border with Oregon.
(22) “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.
(23) “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.
(24) “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.
(25) “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.
(26) “Source separate” means that the
person who last uses recyclable material separates the recyclable material from
solid waste.
(27) “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.
(28) “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.
(29) “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.
(30) “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.
[(30)]
(31) “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.
SECTION 2. Section 3 of this 2011
Act is added to and made a part of ORS chapter 459.
SECTION 3. ORS 459.005 does not
apply to wood residue that:
(1) Is a by-product of manufacturing
wood products or processing wood at a facility that manufactures wood products,
including a sawmill, pulp mill or paper mill;
(2) Is not commingled with other types
of solid waste; and
(3)(a) Is combusted as a fuel by the
generator of the wood residue in a facility that has obtained a permit
described in ORS 468A.040 and that is owned or operated by that generator; or
(b) Is purchased from or exchanged by
the generator of the wood residue for fair market value and is combusted as a
fuel in a facility that has obtained a permit described in ORS 468A.040.
Approved by
the Governor August 2, 2011
Filed in the
office of Secretary of State August 2, 2011
Effective date
January 1, 2012
__________