Or. Admin. Code § 340-090-0010 - Definitions
The definitions in this rule apply to OAR 340-090-0005 to 0510, and OAR Chapter 340 Division 91. Unless otherwise specified:
(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. For the purposes of these rules
"affected person" also means a person involved in operation of a place to which
persons not residing on or occupying the property may deliver source separated
recyclable material.
(2)
"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. "Collection service" of
recyclable materials does not include a place to which persons not residing on
or occupying the property may deliver source separated recyclable
material.
(3) "Collection service
customers" includes: residential and commercial customers of a collection
service as defined in ORS
459.005, and also, as of July 1,
2026, the multi-family residential and commercial tenants of landlords or
property managers that are customers of a collection service for the benefit of
their tenants.
(4) "Collector"
means the person who provides collection service.
(5) "Commercial" means stores, offices
including but not limited to manufacturing and industry offices, restaurants,
warehouses, schools, colleges, universities, hospitals, prisons, and other
institutions and non-manufacturing entities. "Commercial" does not include
manufacturing activities or business, manufacturing, or processing activities
in residential dwellings.
(6)
"Commingled materials" means materials that:
(a) Are collected as part of the rules under
459A.005 and 459A.007 and from receptacles located at residential and/or
non-residential sources (generators) that are designated and promoted for the
acceptance of commingled materials including at least the materials described
in the Recycling Acceptance Lists rules found in either:
(ii) OAR
340-090-0630(2)(j) through
(l); or
(b) Contain at least two or more of the
materials on the Uniform Statewide Collection List that are mixed together;
and
(c) Are intended to be properly
processed by a commingled recycling processing facility that meets the
requirements contained in ORS
459A.905(2)(a).
(7) "Composting" means the managed
process of controlled biological decomposition of organic or mixed solid waste.
It does not include composting for the purposes of soil remediation. Compost is
the product resulting from the composting process. "Composting" includes both
aerobic composting and anaerobic digestion.
(8) "Consumer of newsprint" means a person
who uses newsprint in a commercial or government printing or publishing
operation.
(9) "DEQ" means the
Department of Environmental Quality.
(10) "Depot" means a place for receiving
source separated recyclable material.
(11) "Director" means the Director of the
Department of Environmental Quality.
(12) "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 ; but the term
does not include a facility authorized by a permit issued under ORS
466.005 to
466.385 to store, treat or
dispose of both a hazardous waste and solid waste; a facility subject to the
permit requirements of ORS
468B.050; a site which is 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 a site operated
by a wrecker issued a certificate under ORS
822.110.
(13) "Energy intensive materials" means
metals, paper, plastic, and food, including products that are primarily made of
metals, paper, or plastic, such as some furniture, small and large appliances,
and consumer electronics.
(14)
"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.
(15) "EQC"
means the Environmental Quality Commission.
(16) "Food rescue" means the practice of
safely retrieving wholesome food still fit for human consumption that would
otherwise be left unharvested or go to animal feed or a composting facility,
anaerobic digestion facility, energy recovery facility, or other disposal site
and redistributing that food through a food assistance program.
(17) "Food waste" means waste from fruits,
vegetables, meats, dairy products, fish, shellfish, nuts, seeds, grains, and
similar materials that results from the storage, preparation, cooking,
handling, selling or serving of food for human consumption. "Food waste"
includes but is not limited to excess, spoiled or unusable food and includes
inedible parts commonly associated with food preparation such as pits, shells,
bones, and peels. "Food waste" does not include dead animals not intended for
human consumption or animal excrement.
(18) "Franchise" includes a franchise,
certificate, contract or license issued by a local government unit authorizing
a person to provide solid waste management services.
(19) "Generator" means a person who last uses
a material and makes it available for disposal or recycling.
(20) "Glass container manufacturer" means a
person that manufactures new glass containers in Oregon or that manufactures
new glass containers outside Oregon sold by the manufacturer to packagers
located in Oregon.
(21) "Industrial
waste" means solid waste generated by manufacturing or industrial processes
that is not a hazardous waste regulated under ORS Chapters 465 and 466. Such
waste may include, but is not limited to, waste resulting from the following
processes: Electric power generation; fertilizer/agricultural chemicals; food
and related products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals
manufacturing/foundries; organic chemicals; plastics and resins manufacturing;
pulp and paper industry; rubber and miscellaneous plastic products; stone,
glass, clay and concrete products; textile manufacturing; transportation
equipment; water treatment; and timber products manufacturing. This term does
not include construction/demolition waste; or municipal solid waste from
manufacturing or industrial facilities such as office or "lunch room" waste, or
packaging material for products delivered to the generator.
(22) "Infrastructure support" means in-kind
contributions in support of reuse, repair, leasing or sharing of efforts to
reduce waste, such as: local government staff time; franchisee staff time;
space at facilities owned, permitted, or franchised by a local government;
space for meetings, storage, or display of materials; equipment; access to
land; and access to vehicles.
(23)
"Land disposal site" means a disposal site in which the method of disposing of
solid waste is by landfill, dump, pit, pond, lagoon or land
application.
(24) "Local
government" means a political subdivision that regulates either solid waste
collection, disposal, or both, including but not limited to incorporated
cities, municipalities, townships, counties, parishes, regional associations of
cities and counties, tribal reservations, and metropolitan service districts,
but not including sewer districts, fire districts, or other political
subdivisions that do not regulate solid waste.
(25) "Local government unit" means the
territory of a political subdivision that regulates either solid waste
collection, disposal, or both, including but not limited to incorporated
cities, municipalities, townships, counties, parishes, regional associations of
cities and counties, tribal reservations, and metropolitan service districts,
but not including sewer districts, fire districts, or other political
subdivisions that do not regulate solid waste. If a county regulates solid
waste collection within unincorporated areas of the county but not within one
or more incorporated cities or municipalities, then the county local government
unit must be considered as only those areas where the county directly regulates
solid waste collection.
(26)
"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, recycled or composted for some
purpose.
(27) "Metropolitan service
district" means a district organized under ORS Chapter 268 and exercising solid
waste authority granted to such district under ORS Chapters 268, 459, and
459A.
(28) "Multi-family" means
dwellings of five or more units.
(29) "Newsprint" means paper meeting the
specifications for Standard Newsprint Paper and Roto Newsprint Paper as set
forth in the 2023 HTSA Supplement edition of the Harmonized Tariff Schedule of
the United States for such products. (See Figure 1.)
(30) "On-route collection" means pick up of
source separated recyclable material from the generator at the place of
generation.
(31) "On-site
collection" has the same meaning as on-route collection.
(32) "Opportunity to recycle" means those
activities described in OAR
340-090-0020,
340-090-0030,
340-090-0040,
340-090-0041,
340-090-0042,
340-090-0050 and
340-090-0080.
(33) "Permit" means a document issued by DEQ
bearing the signature of the director or the director's authorized
representative and that by its conditions may authorize the permittee to
construct, install, modify, operate or close a disposal site in accordance with
specified limitations.
(34)
"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 other legal entity.
(35) "Post-consumer waste" means a finished
material that would normally be disposed of as solid waste, having completed
its life cycle as a consumer item. Post-consumer waste does not include
manufacturing waste.
(36)
"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.
(37) "Recycled-content
newsprint" means newsprint that includes post-consumer waste paper.
(38) "Recycling" means any process by which
solid waste materials are transformed into new products in such a manner that
the original products may lose their identity.
(39) "Residential" means single family
dwellings and multi-family dwellings having four or fewer units.
(40) "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.
(41) "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 wastes as defined in
ORS 466.005;
(b) Materials used for fertilizer, soil
conditioning, humus restoration, or for other productive purposes or which are
salvageable for these purposes and are used on land in agricultural operations
and growing or harvesting crops and raising fowls or animals, provided the
materials are used at or below agronomic application rates, or
(c) Woody biomass that is combusted as a fuel
by a facility that has obtained a permit described in ORS
468A.040.
(42) "Solid waste management" means:
preventing or reducing solid waste; managing 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.
(43) "Source separate" means that the person
who last uses recyclable material separates the recyclable material from other
solid waste.
(44) "Technical
assistance" means assistance in support of reuse, repair, leasing or sharing
provided to businesses or non-profit staff or programs, such as: program design
and implementation; publicizing and promoting opportunities through channels
such as directories of reuse and repair operations; research to support
technical assistance efforts; and expending funds to hire specialists or
contractors who provide information and advice in topics such as business
planning, operations, facility design, market research, and
marketing.
(45) "Toxic materials"
means products or other materials that contain chemicals or groups of chemicals
on DEQ's Toxics Focus List or that DEQ otherwise designates as
"toxic."
(46) "Urbanized area"
means, for jurisdictions within the State of Oregon, the territory within the
urban growth boundary of each city of 4,000 or more population, or within the
urban growth boundary established by a metropolitan service district. For
jurisdictions outside the State of Oregon, "urbanized area" means a geographic
area with substantially the same character, with respect to minimum population
density and commercial and industrial density, as urbanized areas within the
State of Oregon.
(47) "Waste
prevention" means reducing 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.
(48) "Waste
prevention campaign" means an organized effort intended to change one or more
specific behaviors or practices that reduces the amount of solid waste
generated or resource used without increasing toxicity in the design,
manufacture, purchase, or use of products or packaging. A food rescue program
is not a waste prevention campaign for the purpose of complying with sections
OAR 340-090-0042(3) or
(4).
(49) "Wasteshed" means the areas of the state
of Oregon as defined in ORS
459.005 and listed in ORS
459A.010 and OAR
340-090-0050.
(50) "Yard debris" means vegetative and woody
material generated from residential property or from commercial landscaping
activities. This includes grass clippings, leaves, hedge trimmings and similar
vegetative waste but does not include stumps or similar bulky wood
materials.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 459.045, 459A.100 - 459A.120 & 468.020
Statutes/Other Implemented: ORS 459A.005 & 459A
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