Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 90 - RECYCLING AND WASTE REDUCTION › Section 340-090-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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)
			 "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.
(7) "Consumer of
			 newsprint" means a person who uses newsprint in a commercial or government
			 printing or publishing operation.
(8) "DEQ" means the Department of
			 Environmental Quality.
(9) "Depot"
			 means a place for receiving source separated recyclable material.
(10) "Director" means the Director of the
			 Department of Environmental Quality.
(11) "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.
(12) "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.
(13)
			 "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.
(14) "EQC"
			 means the Environmental Quality Commission.
(15) "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.
(16) "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.
(17) "Franchise" includes a franchise,
			 certificate, contract or license issued by a local government unit authorizing
			 a person to provide solid waste management services.
(18) "Generator" means a person who last uses
			 a material and makes it available for disposal or recycling.
(19) "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.
(20) "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.
(21) "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.
(22)
			 "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.
(23) "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.
(24) "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.
(25)
			 "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.
(26) "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.
(27) "Multi-family" means
			 dwellings of five or more units.
(28) "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.)
(29) "On-route collection" means pick up of
			 source separated recyclable material from the generator at the place of
			 generation.
(30) "On-site
			 collection" has the same meaning as on-route collection.
(31) "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.
(32) "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.
(33)
			 "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.
(34) "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.
(35)
			 "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.
(36) "Recycled-content
			 newsprint" means newsprint that includes post-consumer waste paper.
(37) "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.
(38) "Residential" means single family
			 dwellings and multi-family dwellings having four or fewer units.
(39) "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.
(40) "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.