Or. Admin. Code § 340-093-0030 - Definitions
As used in OAR chapter 340, divisions 93, 94, 95, 96 and 97 unless otherwise specified:
(1)
"Acceptable Risk Level" has the meaning as defined in OAR
340-122-0115 of the Hazardous
Substance Remedial Action Rules.
(2) "Access Road" means any road owned or
controlled by the disposal site or waste tire storage site owner that
terminates at the disposal site or waste tire storage site and that provides
access for users between the disposal site or waste tire storage site entrance
and a public road.
(3)
"Agricultural Waste" means waste on farms resulting from the raising or growing
of plants and animals including but not limited to crop residue, manure, animal
bedding, and carcasses of dead animals.
(4) "Agricultural Composting" means
composting conducted by an agricultural operation (as defined in ORS
467.120(2)(a)
on lands used for farming (as defined in ORS
215.203).
(5) "Agronomic Application Rate" means land
application of no more than the optimum quantity per acre of compost, sludge or
other materials. In no case may such application adversely impact the waters of
the state. Such application must be designed to:
(a) Provide the amount of nutrient, usually
nitrogen, needed by crops or other plantings, to prevent controllable loss of
nutrients to the environment;
(b)
Condition and improve the soil comparable to that attained by commonly used
soil amendments; or
(c) Adjust soil
pH to desired levels.
(6)
"Airport" means any area recognized by the Oregon Department of Transportation,
Aeronautics Division, for the landing and taking-off of aircraft which is
normally open to the public for such use without prior permission.
(7) "Anaerobic Digestion" means the
controlled biological breakdown of biodegradable organic material in the
absence of oxygen.
(8) "Aquifer"
means a geologic formation, group of formations or portion of a formation
capable of yielding usable quantities of groundwater to wells or
springs.
(9) "Asphalt paving" means
asphalt which has been applied to the land to form a street, road, path,
parking lot, highway, or similar paved surface and that is weathered,
consolidated, and does not contain visual evidence of fresh oil.
(10) "Assets" means all existing and probable
future economic benefits obtained or controlled by a particular
entity.
(11) "Baling" means a
volume reduction technique whereby solid waste is compressed into bales for
final disposal.
(12) "Base Flood"
means a flood that has a one percent or greater chance of recurring in any year
or a flood of a magnitude equaled or exceeded once in 100 years on the average
of a significantly long period.
(13) "Beneficial Use" means the productive
use of solid waste in a manner that will not create an adverse impact to public
health, safety, welfare, or the environment.
(14) "Beneficial Use Determination" means the
approval of a beneficial use of a solid waste pursuant to OAR
340-093-0260 through
340-093-0290 either as a
standing beneficial use or as a case-specific authorization.
(15) "Biogas" is a gas produced through
anaerobic digestion and is primarily composed of methane and carbon dioxide,
but also may contain impurities such as hydrogen sulfide.
(16) "Biological Waste" means blood and blood
products, excretions, exudates, secretions, suctionings and other body fluids
that cannot be directly discarded into a municipal sewer system, and waste
materials saturated with blood or body fluids, but does not include diapers
soiled with urine or feces.
(17)
"Biosolids" means solids derived from primary, secondary or advanced treatment
of domestic wastewater which have been treated through one or more controlled
processes that significantly reduce pathogens and reduce volatile solids or
chemically stabilize solids to the extent that they do not attract
vectors.
(18) "Capture Rate" means
the proportion of incoming recyclable material that is shipped to a responsible
end market relative to the quantity of recyclable material that is received by
the commingled recycling processing facility. The rate may be specific to a
commodity or the stream as a whole.
(19) "Clean Fill" means material consisting
of soil, rock, concrete, brick, building block, tile or asphalt paving, which
do not contain contaminants which could adversely impact the waters of the
State or public health. This term does not include putrescible wastes,
construction and demolition wastes and industrial solid wastes.
(20) "Cleanup Materials Contaminated by
Hazardous Substances" means contaminated materials from the cleanup of releases
of hazardous substances into the environment, and which are not hazardous
wastes as defined by ORS
466.005.
(21) "Closure Permit" means a document issued
by the department bearing the signature of the Director or his/her authorized
representative which by its conditions authorizes the permittee to complete
active operations and requires the permittee to properly close a land disposal
site and maintain and monitor the site after closure for a period of time
specified by the department.
(22)
"Commercial Solid Waste" means solid waste generated by stores, offices,
including manufacturing and industry offices, restaurants, warehouses, schools,
colleges, universities, hospitals, and other non-manufacturing entities, but
does not include solid waste from manufacturing activities. Solid waste from
business, manufacturing or processing activities in residential dwellings is
also not included.
(23) "Commingled
Recycling Reload Facility" means a facility that receives commingled
recyclables collected by a local government or local government's service
provider as an intermediate step prior to delivery to a commingled recycling
processing facility.
(24)
"Commingled Recycling Processing Facility" means a facility that:
(a) Receives source separated commingled
recyclable materials that are collected commingled from a collection program
providing the opportunity to recycle; and
(b) Separates the recyclable materials
described in subparagraph (a) of this paragraph into marketable commodities or
streams of materials that are intended for use or further processing by
others.
(c) "Commingled recycling
processing facility" does not include:
(A)
Scrap metal recycling facilities;
(B) Scrap automotive or appliance recycling
facilities;
(C) Full-service
redemption centers or dealer redemption centers, as those terms are defined in
ORS 459A.700, and recycling
facilities own and operated by a distributor cooperative established under ORS
459A.718;
(D) Recycling facilities handling covered
electronic devices, as defined in ORS
459A.305;
(E) Recycling processing facilities that
process only noncommingled, source separated recyclable material from
commercial entities;
(F) Recycling
processing facilities that recover commingled recyclable material primarily
from the construction and demolition debris waste stream;
(G) Recycling depots;
(H) Recycling reload facilities; or
(I) Limited sort facilities as defined by
rule by the Environmental Quality Commission
(25) "Commission" means the Environmental
Quality Commission or the Commission's authorized designee.
(26) "Composted material" or "Compost" is the
solid material resulting from the composting process. It includes both the
material produced from aerobic composting and the solid digestate produced by
anaerobic digestion, although the solid digestate may require additional
composting in order to be suitable for certain applications.
(27) "Composting" means the managed process
of controlled biological decomposition of feedstocks. A managed process
includes, but is not limited to, reducing feedstock particle size, adding
moisture, mixing feedstocks, manipulating composting piles, and performing
procedures to achieve human pathogen reduction. "Composting" includes both
aerobic composting and anaerobic digestion. Other examples of composting
include bokashi, fermentation, and vermiculture.
(28) "Composting Facility" means a site or
facility composting feedstocks to produce a useful product through a managed
process of controlled biological decomposition. Examples of composting
facilities include sites used for composting windrows and piles, anaerobic
digestion, vermiculture, vermicomposting and agricultural composting.
(29) "Construction and Demolition Waste"
means solid waste resulting from the construction, repair, or demolition of
buildings, roads and other structures, and debris from the clearing of land,
but does not include clean fill when separated from other construction and
demolition wastes and used as fill materials or otherwise land disposed. Such
waste typically consists of materials including concrete, bricks, bituminous
concrete, asphalt paving, untreated or chemically treated wood, glass, masonry,
roofing, siding, plaster; and soils, rock, stumps, boulders, brush and other
similar material. This term does not include industrial solid waste and
municipal solid waste generated in residential or commercial activities
associated with construction and demolition activities.
(30) "Construction and Demolition Landfill"
means a landfill that receives only construction and demolition
waste.
(31) "Conversion Technology
Facility" means a facility that uses primarily chemical or thermal processes
other than melting (changing from solid to liquid through heating without
changing chemical composition) to produce fuels, chemicals, or other useful
products from solid waste. These chemical or thermal processes include, but are
not limited to, distillation, gasification, hydrolysis, pyrolysis, thermal
depolymerization, transesterification and animal rendering, but do not include
direct combustion, composting, anaerobic digestion, melting, or mechanical
recycling. Mills that primarily use mechanical recycling or melting to recycle
materials back into similar materials are not considered to be conversion
technology facilities, even if they use some chemical or thermal processes in
the recycling process.
(32)
"Corrective Action" means action required by the department to remediate a
release of constituents above the levels specified in
40 CFR §
258.56 or OAR chapter 340 division 40,
whichever is more stringent.
(33)
"Cover Material" means soil or other suitable material approved by the
department that is placed over the top and side slopes of solid wastes in a
landfill.
(34) "Cultures and
Stocks" means etiologic agents and associated biologicals, including specimen
cultures and dishes and devices used to transfer, inoculate and mix cultures,
wastes from production of biologicals, and serums and discarded live and
attenuated vaccines. "Culture" does not include throat and urine
cultures.
(35) "Current Assets"
means cash or other assets or resources commonly identified as those that are
reasonably expected to be realized in cash or sold or consumed during the
normal operating cycle of the business.
(36) "Current Liabilities" means obligations
whose liquidation is reasonably expected to require the use of existing
resources properly classifiable as current assets or the creation of other
current liabilities.
(37)
"Department" means the Department of Environmental Quality.
(38) "Digestate" means both solid and liquid
substances that remain following anaerobic digestion of organic material in a
composting facility. "Solid digestate" means the solids resulting from
anaerobic digestion, and "liquid digestate" means the liquids resulting from
anaerobic digestion.
(39) "Digested
Sewage Sludge" means the concentrated sewage sludge that has decomposed under
controlled conditions of pH, temperature and mixing in a digester
tank.
(40) "Director" means the
Director of the Department of Environmental Quality or the Director's
authorized designee.
(41) "Disposal
Site" means land and facilities used for the disposal, handling, treatment 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, land application units (except as exempted within the
definition of solid waste in this rule), transfer stations, conversion
technology facilities, energy recovery facilities, incinerators for solid waste
delivered by the public or by a collection service, composting facilities and
land and facilities previously used for solid waste disposal at a land disposal
site. The term "disposal site" does not include 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; a facility subject to the
permit requirements of ORS
468B.050; a site that is used by
the owner or person in control of the premises to dispose of soil, rock,
concrete or other similar non-decomposable clean fill material, unless the site
is used by the public either directly or through a collection service; or a
site operated by an automobile dismantler issued a certificate under ORS
822.110.
(42) "Domestic Solid Waste" includes, but is
not limited to, residential (including single and multiple residences),
commercial and institutional wastes, as defined in ORS
459A.100; but the term does not
include:
(a) Sewage sludge or septic tank and
cesspool pumpings;
(b) Building
demolition or construction wastes and land clearing debris, if delivered to a
disposal site that is limited to those purposes and does not receive other
domestic solid wastes;
(c) Source
separated recyclable materials, or material recovered at a disposal site or
waste tire storage site for recycling;
(d) Industrial waste going to an industrial
waste facility; or
(e) Waste
received at an ash monofill from an energy recovery
facility.
(43)
"Endangered or Threatened Species" means any species listed as such pursuant to
Section 4 of the federal Endangered Species Act and any other species so listed
by the Oregon Department of Fish and Wildlife.
(44) "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. Energy recovery
includes the direct combustion of solid waste in an energy recovery facility
and the production of fuels intended to be burned as an energy source, such as
the pyrolysis of plastics to produce fuel oils or the grinding of wood waste to
produce combustion fuel.
(45)
"Energy Recovery Facility" means a facility that directly combusts solid waste
and uses the heat energy generated for some useful purpose such as to produce
electricity or to produce steam to be used in an industrial process.
(46) "Feedstock" means organic and other
solid wastes used in a composting process to produce composted material, or
used in a conversion technology facility to produce other products. For
composting, four types of feedstocks are defined:
(a) Type 1 feedstocks include
source-separated yard and garden wastes, wood wastes, agricultural crop
residues, wax-coated cardboard, vegetative food wastes including department
approved industrially produced vegetative food waste, and other materials the
department determines pose a low level of risk from hazardous substances,
physical contaminants and human pathogens. Type 1 feedstocks also include
digestate derived only from type 1 feedstocks.
(b) Type 2 feedstocks include manure and
bedding and other materials the department determines pose a low level of risk
from hazardous substances and physical contaminants and a higher level of risk
from human pathogens compared to type 1 feedstock. Type 2 feedstocks also
include digestate derived from feedstocks that include Type 2 feedstocks but
does not include any type 3 or type X feedstock.
(c) Type 3 feedstocks include dead animals,
meat and source-separated mixed food waste and industrially produced
non-vegetative food waste. They also include other materials the department
determines pose a low level of risk from hazardous substances and a higher
level of risk from physical contaminants and human pathogens compared to type 1
and 2 feedstocks. Type 3 feedstocks also include digestate derived from
feedstocks that include Type 3 feedstocks but does not include any type X
feedstock.
(d) Type X feedstocks
include specified risk material (SRM) from bovine animal mortality and animal
by-products from slaughter that pose a risk to the environment and public
health from exposure to prions that can cause Bovine Spongiform Encephalitis
(BSE). This includes the brain, skull, eyes, trigeminal ganglia, spinal cord,
vertebral column (excluding the vertebrae of the tail, the transverse processes
of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal
root ganglia from cattle 30 months of age and older and the distal ileum of the
small intestine and the tonsils from all cattle. It also includes whole cattle
from which the SRM has not been removed, cattle that are not able to walk, and
cattle with symptoms that might indicate BSE disease. Type X feedstocks also
include digestate that was derived from any quantity of type X
feedstocks.
(47)
"Financial Assurance" means a plan for:
(a)
Disposal sites and waste tire storage sites setting aside financial resources
or otherwise assuring that adequate funds are available to properly close and
to maintain and monitor a disposal site or waste tire storage site after the
site is closed according to the requirements of a permit issued by the
department.
(b) Waste tire carriers
setting aside financial resources or otherwise assuring that adequate funds are
available to ensure compliance with and ORS
459.705 to
459.790 and waste tire carrier
rules OAR 340-096-0260 to OAR
340-096-0290.
(48) "Floodplain" means the lowland and
relatively flat areas adjoining inland and coastal waters that are inundated by
the base flood.
(49) "Gravel Pit"
means an excavation in an alluvial area from which sand or gravel has been or
is being mined.
(50) "Groundwater"
means water that occurs beneath the land surface in the zone(s) of
saturation.
(51) "Hazardous
Substance" means any substance defined as a hazardous substance pursuant to
Section 101(14) of the federal Comprehensive Environmental Response,
Compensation and Liability Act, as amended,
42 U.S.C.
9601 et seq.; oil, as defined in ORS
465.200; and any substance
designated by the Commission under ORS
465.400.
(52) "Hazardous Waste" means discarded,
useless or unwanted materials or residues and other wastes that are defined as
hazardous waste pursuant to ORS
466.005.
(53) "Heat-Treated" means a process of drying
or treating sewage sludge where there is an exposure of all portions of the
sludge to high temperatures for a sufficient time to kill all pathogenic
organisms.
(54) "Home composting"
means composting operated and controlled by the owner or person in control of a
single or multiple family dwelling unit and used to compost residential food
waste produced within the dwelling unit and yard debris produced on the
property.
(55) "Incinerator" means
any device used for the reduction of combustible solid wastes by burning under
conditions of controlled airflow and temperature.
(56) "Industrial Solid Waste" means solid
waste generated by manufacturing or industrial processes that is not a
hazardous waste regulated under ORS Chapters 465 and 466 or under Subtitle C of
the federal Resource Conservation and Recovery Act. 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; municipal solid waste from manufacturing or
industrial facilities such as office or "lunch room" waste; or packaging
material for products delivered to the generator.
(57) "Industrial Waste Landfill" means a
landfill that receives only a specific type or combination of industrial
waste.
(58) "Inert" means
containing only constituents that are biologically and chemically inactive and
that, when exposed to biodegradation and/or leaching, will not adversely impact
the waters of the state or public health.
(59) "Infectious Waste" means biological
waste, cultures and stocks, pathological waste, and sharps; as defined in ORS
459.386.
(60) "Land Application Unit" means a disposal
site where sludges or other solid wastes are applied onto or incorporated into
the soil surface for agricultural purposes or for treatment and
disposal.
(61) "Land Disposal Site"
means a disposal site in which the method of disposing of solid waste is by
landfill, dump, waste pile, pit, pond, lagoon or land application.
(62) "Landfill" means a facility for the
disposal of solid waste involving the placement of solid waste on or beneath
the land surface.
(63) "Leachate"
means liquid that has come into direct contact with solid waste and contains
dissolved, miscible and/or suspended contaminants as a result of such
contact.
(64) "Liabilities" means
probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the
future as a result of past transactions or events.
(65) "Limited Sort Facility" means:
(a) A facility that receives a specific
subset of processed Uniform Statewide Collection List materials from a
commingled recycling processing facility that meets the requirements under ORS
459A.905(2)(a)
and that could be considered a secondary processor or a responsible end market;
or
(b) A facility that:
(A) Receives source separated commingled
recyclable material that is collected commingled from a collection program
providing the opportunity to recycle (ORS
459A.863(3)(a)(A));
and
(B) Does not meet conditions
(B)-(D) under OAR 340-096-0300(2)(a); and
(C) Meets the following requirements:
(i) Markets removed materials to responsible
end markets, meeting the requirements of OAR 340-096-0310;
(ii) Manages contaminants in those removed
materials to avoid impacts on other waste streams or facilities;
(iii) Accurately reports to DEQ the final end
markets of removed materials, in accordance with the rules described under OAR
340-096-0310(2); and
(iv) Sends
remaining materials to a commingled recycling processing facility that meets
the requirements under ORS
459A.905(2)(a)
(v) Obtains a disposal site permit from
DEQ.
(66) "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.
(67) "Low-Risk Disposal Site" means a
disposal site which, based upon its size, site location, and waste
characteristics, the department determines to be unlikely to adversely impact
the waters of the State or public health.
(68) "Material Recovery" means any process of
obtaining from solid waste, by pre-segregation or otherwise, materials which
still have useful physical or chemical properties and can be reused, recycled
or composted for some purpose.
(69)
"Material Recovery Facility" means a solid waste management facility that
separates materials for the purposes of recycling from an incoming mixed solid
waste stream by using manual and/or mechanical methods, or a facility at which
previously separated recyclables are collected.
(70) "Medical Waste" means solid waste that
is generated as a result of patient diagnosis, treatment, or immunization of
human beings or animals.
(71)
"Mobile Disposal Site" means a disposal site facility that is intended to be
moved from place to place in order to process wastes in different
locations.
(72) "Monofill" means a
landfill or landfill cell into which only one type of waste may be
placed.
(73) "Municipal Solid Waste
Landfill" means a discrete area of land or an excavation that receives domestic
solid waste, and that is not a land application unit, surface impoundment,
injection well, or waste pile, as those terms are defined under § 257.2 of
40 CFR, Part 257 . It may also receive other types of wastes such as
nonhazardous sludge, hazardous waste from conditionally exempt small quantity
generators, construction and demolition waste and industrial solid
waste.
(74) "Net Working Capital"
means current assets minus current liabilities.
(75) "Net Worth" means total assets minus
total liabilities and is equivalent to owner's equity.
(76) "Passenger Tire" means a tire with less
than an 18-inch rim diameter.
(77)
"Passenger Tire Equivalent" means a measure of mixed passenger and truck tires,
where five passenger tires are considered to equal one truck tire.
(78) "Pathological Waste" means biopsy
materials and all human tissues, anatomical parts that emanate from surgery,
obstetrical procedures, autopsy and laboratory procedures and animal carcasses
exposed to pathogens in research and the bedding and other waste from such
animals. "Pathological waste" does not include teeth or formaldehyde or other
preservative agents.
(79) "Permit"
means a document issued by the department which by its conditions may authorize
the permittee to construct, install, modify, operate or close a disposal site,
waste tire carrier or waste tire storage site in accordance with specified
limitations.
(80) "Permit Action"
means the issuance, modification, renewal or revocation of a permit by the
department.
(81) "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.
(82)
"Processing of Wastes" means any technology designed to change the physical
form or chemical content of solid waste including, but not limited to, baling,
composting, classifying, hydropulping, incinerating and shredding.
(83) "Public Waters" or "Waters of the State"
include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within
the territorial limits of the State of Oregon and all other bodies of surface
or underground waters, natural or artificial, inland or coastal, fresh or salt,
public or private (except those private waters which do not combine or effect a
junction with natural surface or underground waters), which are wholly or
partially within or bordering the state or within its jurisdiction.
(84) "Putrescible Waste" means solid waste
containing organic material that can be rapidly decomposed by microorganisms,
and which may give rise to foul smelling, offensive products during such
decomposition or which is capable of attracting or providing food for birds and
potential disease vectors such as rodents and flies.
(85) "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.
(86) "Recycling Reload Facility" means a
facility other than a recycling depot where materials are received,
consolidated and made ready for transport to another location for processing or
to a responsible end market.
(87)
"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 section, "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 that Metropolitan Service District
boundary.
(88) "Release" has the
meaning given in ORS 465.200(14).
(89) "Resource Recovery" means the process of
obtaining useful material or energy from solid waste and includes energy
recovery, material recovery and recycling.
(90) "Retreadable Casing" means a waste tire
suitable for retreading.
(91)
"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.
(92) "Salvage" means the controlled removal
of reusable, recyclable or otherwise recoverable materials from solid wastes at
a solid waste disposal site or waste tire storage site.
(93) "Sensitive Aquifer" means any unconfined
or semiconfined aquifer that is hydraulically connected to a water table
aquifer, and where flow could occur between the aquifers due to either natural
gradients or induced gradients resulting from pumpage.
(94) "Sensitive Environment" means a
sensitive environment defined in OAR
340-122-0115(50)
of the Hazardous Substance Remedial Action Rules.
(95) "Septage" means the pumpings from septic
tanks, cesspools, holding tanks, chemical toilets and other sewage sludges not
derived at sewage treatment plants.
(96) "Sharps" means needles, IV tubing with
needles attached, scalpel blades, lancets, glass tubes that could be broken
during handling and syringes that have been removed from their original sterile
containers.
(97) "Sludge" means any
solid or semi-solid waste and associated supernatant generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility or any other such waste
having similar characteristics and effects.
(98) "Sole Source Aquifer" means the only
available aquifer, in any given geographic area, containing potable groundwater
with sufficient yields to supply domestic or municipal water wells.
(99) "Solid Waste" means all useless or
discarded putrescible and non-putrescible 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 semi-solid materials, dead animals and infectious
waste. The term does not include:
(a)
Hazardous waste 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 the growing or harvesting of crops and the raising of 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.
(100) "Solid Waste Boundary" means the
outermost perimeter (on the horizontal plane) of the solid waste at a landfill
as it would exist at completion of the disposal activity.
(101) "Source Separate" means that the person
who last uses recyclable materials separates the recyclable material from other
solid waste.
(102) "Tangible Net
Worth" means the tangible assets that remain after deducting liabilities; such
assets would not include intangibles such as goodwill and rights to patents or
royalties.
(103) "Third Party
Costs" mean the costs of hiring a third party to conduct required closure,
post-closure or corrective action activities.
(104) "Tire" means a continuous solid or
pneumatic rubber covering encircling the wheel of a vehicle in which a person
or property is or may be transported in or drawn by upon a highway. "Tire" does
not include tires from vehicles not driven on highways, including bulldozers,
mobile cranes, road graders, loaders, rotary snow plows, road rollers and road
sanders. Except for the purposes of disposal under OAR
340-093-0190(4),
"tire" does not include tires from the following:
(a) A device moved only by human
power;
(b) A device used only upon
fixed rails or tracks;
(c) A
motorcycle;
(d) An all-terrain
vehicle, including but not limited to, three-wheel and four-wheel ATVs, dune
buggies and other similar vehicles. All-terrain vehicles do not include jeeps,
pick-ups and other four-wheel drive vehicles that may be registered, licensed
and driven on public roads in Oregon;
(e) A device used only for farming, except a
farm truck;
(f) A retreadable
casing while under the control of a tire retreader or while being delivered to
a tire retreader.
(105)
"Tire Carrier" means a person who picks up or transports waste tires for the
purpose of storage, removal to a processor or disposal. "Tire carrier" does not
include the following:
(a) Solid waste
collectors operating under a license or franchise from a local government
unit;
(b) Persons who transport
fewer than five tires for disposal;
(c) Persons who transport their own waste
tires to a processor or for proper disposal;
(d) The United States, the State of Oregon,
any county, city, town or municipality in this state, or any agency of the
United States, the State of Oregon or a county, city, town or municipality of
this state.
(106)
"Tire-Derived Materials" means tire chips or other materials produced from the
physical processing of waste tires and used for productive purposes and not
disposal.
(107) "Tire Retailer"
means a person actively engaged in the business of selling new replacement
tires at retail, whose local business license or permit (if required)
specifically allows such sale. To be "actively" engaged in selling new tires,
the person must demonstrate to the Department's satisfaction that new
replacement tires have been sold in the preceding calendar quarter.
(108) "Tire Retreader" means a person
actively engaged in the business of retreading waste tires by scarifying the
surface to remove the old surface tread and attaching a new tread to make a
usable tire for sale to the public.
(109) "Transfer Station" means a fixed or
mobile facility other than a collection vehicle where solid waste is taken from
a smaller collection vehicle and placed in a larger transportation unit for
transport to a final disposal location.
(110) "Treatment" means any method,
technique, or process designed to change the physical, chemical, or biological
character or composition of any solid waste except for composting, material
recovery, or energy recovery. Treatment includes but is not limited to
detoxifying or remediating solid waste prior to disposal or beneficial
use.
(111) "Treatment Facility"
means a facility intended for treatment of solid waste. It includes but is not
limited to soil remediation facilities and rotary kilns used to treat oily
sludges. It does not include composting facilities, material recovery
facilities, energy recovery facilities, incinerators, or conversion technology
facilities as defined in this rule.
(112) "Truck Tire" means a tire with a rim
diameter between 18 and 24.5 inches.
(113) "Underground Drinking Water Source"
means an aquifer supplying or likely to supply drinking water for human
consumption.
(114) "Vector" means
any insect, rodent or other animal capable of transmitting, directly or
indirectly, infectious diseases to humans or from one person or animal to
another.
(115) "Vegetative" means
feedstocks used for composting that are derived from plants including but not
limited to: fruit and vegetable peelings or parts, grains, coffee grounds, crop
residue, waxed cardboard and uncoated paper products. Vegetative material does
not include oil, grease, or dairy products such as milk, mayonnaise or ice
cream.
(116) "Vermicomposting"
means the controlled and managed process by which live worms convert solid
waste into dark, fertile, granular excrement.
(117) "Vermiculture" means the raising of
earth worms for the purpose of collecting castings for composting or
enhancement of a growing medium.
(118) "Waste Tire" means a tire that is no
longer suitable for its original intended purpose because of wear, damage or
defect.
(119) "Water Table Aquifer"
means an unconfined aquifer in which the water table forms the upper boundary
of the aquifer. The water table is typically below the upper boundary of the
geologic strata containing the water, the pressure head in the aquifer is zero
and elevation head equals the total head.
(120) "Wellhead protection area" means the
surface and subsurface area surrounding a water well, spring or wellfield,
supplying a public water system, through which contaminants are reasonably
likely to move toward and reach that water well, spring, or wellfield. A public
water system is a system supplying water for human consumption that has four or
more service connections or supplies water to a public or commercial
establishment which operates a total of at least 60 days per year, and which is
used by 10 or more individuals per day.
(121) "Wood waste" means chemically untreated
wood pieces or particles generated from processes commonly used in the timber
products industry. Such materials include but are not limited to sawdust,
chips, shavings, stumps, bark, hog-fuel and log sort yard waste, but do not
include wood pieces or particles containing or treated with chemical additives,
glue resin, or chemical preservatives.
(122) "Wood waste Landfill" means a landfill
that receives primarily wood waste.
(123) "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.
(124) "Zone of Saturation" means a
three-dimensional section of the soil or rock in which all open spaces are
filled with groundwater. The thickness and extent of a saturated zone may vary
seasonally or periodically in response to changes in the rate or amount of
groundwater recharge, discharge or withdrawal.
Notes
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 459.045, 468.020, 459.775, 459.780 & 459.785
Statutes/Other Implemented: ORS 459, 459A & 459.705
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