[Ord. 81-111, § 2; Ord. 82-146, § 2; Ord. 86-210, § 1; Ord. 88-257, § 2; Ord. 88-278, § 1; Ord. 89-269, § 2; Ord. 89-295, § 1; Ord. 89-319; Ord. 90-337, § 2; Ord. 90-372, § 1; Ord. 91-386C, § 2; Ord. 91-388, §§ 1 and 8; Ord. 91-422B, § 1; Ord. 92-455B, § 1; Ord. 92-473A, § 1; Ord. 93-482, § 1; Ord. 94-531, § 2; Ord. 94-557; Ord. 95-597, § 1; Ord. 95-621A, § 2; Ord. 97-681B, § 1; Ord. 98-720A, § 2; Ord. 98-762C, §§ 1 and 54; Ord. 00-867, §§ 1-2; Ord. 00-873, § 1; Ord. 00-876A, § 1; Ord. 00-866, § 1; Ord. 01-907A, § 1; Ord. 01-917, § 1; Ord. 01-914, § 1; Ord. 01-916C, § 1; Ord. 02-937A, § 3; Ord. 02-951B, § 1; Ord. 02-974, § 1; Ord. 03-1019, § 1; Ord. 03-1018A, § 1; Ord. 06-1103, § 1; Ord. 06-1107; Ord. 06-1101; Ord. 07-1147B, §§ 1, 5 and 9; Ord. 08-1183A; Ord. 08-1200; Ord. 12-1272, §§ 1-2; Ord. 12-1277, § 4; Ord. 13-1306, § 1; Ord. 13-1311; Ord. 14-1323, § 6; Ord. 14-1331; Ord. 16-1386; Ord. 17-1401, § 2; Ord. 17-1410; Ord. 18-1426; Ord. 19-1432; Ord. 19-1438; Ord. 20-1451]
For the purposes of Title V Solid Waste, unless the context requires otherwise, the following terms have the meaning indicated:
Means a primary operation or function that is performed in a solid waste facility or at a disposal site, including but not limited to resource recovery, composting, energy recovery, and other types of processing; recycling; transfer; incineration; and disposal of solid waste. This term does not include operations or functions that serve to support the primary activity, such as segregation.
Means land application of no more than the optimum quantity per acre of compost, sludge or other materials. In no case may the application adversely impact the waters of the State. The application must be designed to:
Means a solid waste management service proposed by a local government that differs from the service required under Chapter 5.10.
Means a person authorized to issue citations under Chapter 5.09.
Means the amount of putrescible solid waste tonnage that Metro may allocate to privately owned transfer stations after Metro has first reserved the applicable minimum amount of putrescible tonnage for the Metro transfer stations.
Means any entity of one or more persons, corporate or otherwise, engaged in commercial, professional, charitable, political, industrial, educational, or other activity that is non-residential in nature, including public bodies and excluding businesses whose primary office is located in a residence.
Means a person who enters into a service agreement with a waste hauler or recycler for business recycling services.
Means the Metro Chief Operating Officer or the Chief Operating Officer's designee.
Means material consisting of soil, rock, concrete, brick, building block, tile or asphalt paving that does not contain contaminants that could adversely impact the waters of the State or public health. This term does not include putrescible waste, cleanup material, construction and demolition waste, or industrial waste.
Means solid waste resulting from the excavation or cleanup of releases of hazardous substances into the environment, including street sweeping waste, non-hazardous contaminated soils that do not qualify as clean fill (such as petroleum contaminated soils) and contaminated debris resulting from the cleanup of chemical spills or releases. This term does not include solid waste generated by manufacturing or industrial processes.
Means restoring a solid waste facility or a disposal site to its condition before licensed or franchised solid waste activities began at the site. Closure includes, but is not limited to, the removal of all accumulations of solid waste and recyclable materials from the site.
Means the Metro Code.
Means the fee collected in addition to general disposal rates that pays for rehabilitation and enhancement projects in the areas surrounding solid waste facilities and disposal sites.
Means the stabilized product of composting.
Means the controlled biological decomposition of organic material.
Means a conditionally exempt small quantity generator as defined in 40 CFR 261.5.
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 chemicals of 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.
Means the Metro Council.
Means all generators receiving solid waste and recycling collection service whether or not they are the primary account holder.
Means the Department of Environmental Quality of the State of Oregon.
Means Metro’s Property and Environmental Services Department.
Means a facility in the system of solid waste facilities and disposal sites that Metro authorizes under Chapter 5.05 to accept waste generated within the jurisdiction of Metro.
Means the delivery of putrescible waste from a solid waste facility directly to Metro's contract operator for disposal of putrescible waste. Direct haul is an activity under Chapter 5.01.
Means a fee that pays the direct unit costs of transportation and disposal of general purpose solid waste.
Means the land, buildings, and equipment used for the disposal of solid waste whether or not open to the public. This term does not include a solid waste facility.
Means:
A computer monitor of any type having a viewable area greater than four inches measured diagonally;
A desktop computer or portable computer;
A television of any type having a viewable area greater than four inches measured diagonally; or
Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.
Means a type of resource recovery that is limited to methods in which all or a part of solid waste materials are processed to use the heat content or another form of energy.
Means the land, buildings, and equipment used for an activity.
Means the grant of authority or privilege given by the Council to operate a disposal site, transfer station, energy recovery facility, or to conduct any other activity that requires authorization under Chapter 5.01.
Means the holder of a current, validly issued franchise granted by the Council under Chapter 5.01.
Means the fee Metro charges the franchisee for the administration of the franchise.
Has the meaning provided in ORS 466.005.
Means a person that Metro designates to hear and decide cases under this title.
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.
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.
Means the permission given by the Council or Chief Operating Officer to operate a solid waste facility not otherwise exempted or requiring a franchise under Chapter 5.01.
Means the holder of a current, validly issued license granted by the Council or Chief Operating Officer under Chapter 5.01.
Means a landfill that has sought a site development plan amendment for expansion of the landfill capacity from the Oregon Department of Environmental Quality, and has not received approval from the Department by May 25, 2017, or the equivalent determination in another state.
Means any city or county that is within Metro’s jurisdiction, including the unincorporated areas of Clackamas, Multnomah, and Washington Counties.
Means adoption of any ordinance, order, regulation, contract, or program affecting solid waste management.
Means a type of resource recovery that is limited to manual or mechanical methods of obtaining material from solid waste that still has useful physical or chemical properties and can be reused, recycled, or composted for some purpose. Material recovery includes obtaining material from solid waste that is used in the preparation of fuel, but excludes the extraction of heat content or other forms of energy from the material.
Means solid waste that is generated as a result of patient diagnosis, treatment or immunization of human beings or animals.
Is the Metro solid waste transfer and recycling station located at 6161 NW 61st Avenue, Portland, Oregon 97210.
Is the Metro solid waste transfer and recycling station located at 2001 Washington Street, Oregon City, Oregon 97045.
Means residential dwelling communities having at least five units.
Means a landfill that receives its initial permission from DEQ to receive solid waste on or after May 25, 2017, or the equivalent determination in another state.
Means a person who is not primarily engaged in the business of collection or transportation of solid waste and who is not authorized by any federal, state or local government to perform such collection or transportation.
Means any waste that contains no more than trivial amounts of putrescible materials or minor amounts of putrescible materials contained in such a way that they can be easily separated from the remainder of the load without causing contamination of the load. This term includes construction and demolition waste. This term does not include cleanup material, source-separated recyclable materials, special waste, land clearing debris or yard debris.
Means any solid waste facility, disposal site, transfer station, processing facility, recycling drop center, resource recovery facility or other facility for the disposal, recycling or other processing of solid waste if the facility is not part of the system.
Means the permission given by the Council or Chief Operating Officer to transport solid waste generated within the Metro boundary to a non-system facility.
Has the same meaning as in Metro Code Section 1.01.040. For any person other than an individual, the acts of the person’s employees, contractors, and authorized agents are considered the acts of the person.
Means soil into which hydrocarbons, including gasoline, diesel fuel, bunker oil or other petroleum products have been released. This term does not include soil that is contaminated with petroleum products but also contaminated with hazardous waste or radioactive waste.
Means a method or system of altering the form, condition or content of wastes, including but not limited to composting, vermiprocessing and other controlled methods of biological decomposition; classifying; separating; shredding, milling, pulverizing, or hydropulping. This term does not include incineration or mechanical volume reduction techniques such as baling and compaction.
Means a facility where or by which solid wastes are processed. This term does not include commercial and home garbage disposal units which are used to process food wastes and are part of the sewage system, hospital incinerators, crematoriums, paper shredders in commercial establishments, or equipment used by a recycling drop center.
Means the solid waste that remains after resource recovery has occurred and which is intended for disposal.
Means rapidly decomposable by microorganisms, 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.
Means waste containing putrescible material.
Means the same as defined in ORS 469.300.
Means the amount that a solid waste facility or disposal site charges to receive, process, transfer, or dispose of solid waste.
Means source-separated or homogeneous material accepted in a single transaction at Metro Central Station or at Metro South Station in a form that is usable by existing technologies (notwithstanding the presence of incidental amounts or types of contaminants) for reuse, recycling, controlled biological decomposition of organic material including composting and digestion, and the preparation of fuels that meet an engineering, industrial, or market specification. This term does not include mass burning, incineration in refuse derived fuel facilities, and similar methods of extracting energy from mixed solid wastes.
Means material that still has or retains useful physical, chemical, or biological properties after serving its original purpose(s) or function(s), and that can be reused, recycled, or composted for the same or other purpose(s).
Means any process by which waste materials are transformed into new products in such a manner that the original products may lose their identity.
Means a facility that receives and temporarily stores multiple source-separated recyclable materials, including but not limited to glass, scrap paper, corrugated paper, newspaper, tin cans, aluminum, plastic and oil, which materials will be transported or sold to third parties for reuse or resale. This term does not include a facility that processes source-separated recyclable materials.
Means the Regional Waste Plan adopted as a functional plan by Council and approved by DEQ.
Means a fee that recovers the costs for all associated regional solid waste activities related to managing, planning and administering the entire recycling, processing and disposal system.
Means the activity of receiving solid waste for the purpose of consolidating and transferring it to a solid waste facility.
Means a written order issued pursuant to Chapter 5.05 requiring a waste hauler or other person to use a designated facility pursuant to the terms of the order.
Means the place where a person lives.
Means a process by which useful material or energy resources are obtained from solid waste.
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.
Means the portions of the Regional Waste Plan that are binding on local governments as set forth in Chapter 5.10.
Means the removal of prohibited wastes, unauthorized wastes, bulky material (such as but not limited to white goods and metals) incidental to the transfer of solid waste. Segregation does not include resource recovery or other processing of solid waste. The sole intent of segregation is not to separate useful material from the solid waste but to remove prohibited, unauthorized waste or bulky materials that could be hard to handle by either the facility personnel or operation equipment.
Means an event that disrupts access to a transfer station, creates increased risk to human health or the environment, or impacts the normal operations, transportation routes or established system of a waste hauler or a transfer station. A significant disruption event may be caused by system disruptions (such as long term road repair or closures or facility construction) or natural forces (such as severe weather, flood, landslide or earthquake).
Means individual residential dwelling units, duplexes, triplexes, or four-plexes.
Means all putrescible and non-putrescible wastes, including without limitation, garbage, rubbish, refuse, ashes, waste paper and cardboard; discarded or abandoned vehicles or parts thereof; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction waste; discarded home and industrial appliances; asphalt, broken concrete and bricks; manure, vegetable or animal solid and semi-solid wastes, dead animals; infectious waste; and other such wastes, including without limitation cleanup materials, commingled recyclable material, petroleum contaminated soil, special waste, source-separated recyclable material, land clearing debris and yard debris. This term does not include:
Hazardous wastes;
Radioactive wastes;
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
Explosives.
Means a facility at which solid waste is received for transfer, resource recovery, and/or processing. The term does not include disposal sites.
Means a facility that Metro designates as part of Metro’s system for the management and disposal of solid and liquid waste. This term includes, but is not limited to, all designated facilities set forth in Chapter 5.05 and any non-system facility that receives solid waste from within the Metro area, whether pursuant to an authorized non-system license or otherwise.
Means that the person who last uses recyclable material separates the recyclable material from solid waste.
Means solid waste that has been source separated by the waste generator for the purpose of reuse, recycling, or composting. This term includes (1) all homogenous loads of recyclable materials that have been source separated by material type for the purpose of recycling (i.e., source-sorted) and (2) residential and commercial commingled recyclable materials, which include only those recyclable material types that the local jurisdiction, where the materials were collected, permits to be mixed together in a single container as part of its residential curbside recyclable material collection program. This term does not include any other commingled recyclable materials.
Means any waste (even though it may be part of a delivered load of waste) that falls within one or more of the following categories:
Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.) of a type listed in 3 through 9 or 11 of this definition below.
Waste transported in a bulk tanker.
Liquid waste including outdated, off spec liquid food waste or liquids of any type when the quantity and the load would fail the paint filter liquid (Method 9095, SW-846) test or includes 25 or more gallons of free liquid per load, whichever is more restrictive.
Containers (or drums) that once held commercial products or chemicals, unless the containers (or drums) are empty as provided in 40 CFR 261.7(b)(1).
Sludge waste from septic tanks, food service, grease traps, or wastewater from commercial laundries, laundromats or car washes.
Waste from an industrial process.
Waste from a pollution control process.
Residue or debris from the cleanup of a spill or release of chemical substances, commercial products or wastes listed in 1 through 7 or 9 of this definition.
Soil, water, residue, debris, or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in 1 through 8 of this definition.
Chemical-containing equipment removed from service (for example: filters, oil filters, cathode ray tubes, lab equipment, acetylene tanks, CFC tanks, refrigeration units, or any other chemical-containing equipment).
Waste in waste containers that are marked with a National Fire Protection Association identification label that has a hazard rating of 2, 3, or 4, but not empty containers so marked.
Any waste that requires extraordinary management or special handling. Examples of such special wastes are: chemicals, liquids, sludge and dust from commercial and industrial operations; municipal waste water treatment plant grits, screenings and sludge; contaminated soils; tannery wastes, empty pesticide containers, and dead animals or by-products.
Medical waste.
Means a facility that processes a single type of non-putrescible recyclable material that holds intrinsic value in established reuse or recycling markets. These materials include, but are not limited to, scrap metal, plastic, paper, or other similar commodities. This term does not include a facility that processes commingled source-separated recyclables collected through curbside residential or commercial collection programs.
Means newspaper, ferrous scrap metal, non-ferrous scrap metal, used motor oil, corrugated cardboard and kraft paper, aluminum, container glass, high-grade office paper, tin/steel cans, yard debris, mixed scrap paper, milk cartons, plastic containers, milk jugs, phone books, magazines, and empty aerosol cans.
Means the State of Oregon.
Means local government actions, on the whole, conform to the purposes of the performance standards in Chapter 5.10 and any failure to meet individual performance standard requirements is technical or minor in nature.
Means all facilities that Metro designates as part of its system for the management and disposal of solid and liquid waste. This includes, but is not limited to, the following:
Recycling and other volume reduction facilities;
Landfills, or other disposal means;
Resource recovery facilities (including steam production and electrical generating facilities using solid waste as fuel);
Recycling and transfer stations;
Roads, water lines, wastewater lines and treatment facilities to the extent used to carry out the provisions of ORS chapter 268 and other applicable laws of the state of Oregon;
All buildings, fixtures, equipment, real property and personal property that Metro owns, leases, operates or uses to dispose of solid and liquid waste;
Designated facilities as provided in Chapter 5.05.
Means an amount of the region’s putrescible waste that Metro grants to a private transfer station.
Means a customer’s use of a Metro transfer station disposal facility, hazardous waste facility, or household hazardous waste collection event, for the purpose of delivering for disposal a single load of solid or hazardous waste during a single visit from a single vehicle (whether or not accompanied by, or transporting, one or more trailers). A solid waste disposal transaction occurs when a customer enters a Metro transfer station facility, hazardous waste facility, or household hazardous waste collection event.
Means the fee that Metro imposes for each transaction at a Metro transfer station to pay for related scalehouse costs.
Means the activity of receiving solid waste for purposes of transferring it from one vehicle or container to another vehicle or container for transport. Transfer may include segregation, temporary storage, consolidation of solid waste from more than one vehicle, and compaction. This term does not include resource recovery or other processing of solid waste.
Means a solid waste facility whose primary activity includes, but is not limited to, the transfer of solid waste to a disposal site.
Means the area surrounding one or more transfer stations that is more immediately accessible to those transfer stations than any other transfer station, based on travel time.
Means waste that is either:
Means material that still has useful physical, chemical, or biological properties after serving its original purpose(s) or function(s), and which, when separated from solid waste, is suitable for use in the same or other purpose(s). For purposes of this Code, cleanup materials are not useful materials. Types of useful materials include, but are not limited to:
Material that can be reused;
Recyclable material;
Organic material(s) suitable for controlled biological decomposition (such as for making compost);
Material used in the preparation of fuel;
Material intended to be used, and which is in fact used, for construction or land reclamation (such as inert material for fill);
Material intended to be used, and which is in fact used, productively in landfill operations (such as roadbeds or alternative daily cover).
Means a controlled method or system of biological processing that utilizes worms to consume and digest organic materials, and that produces worm castings for productive uses.
Means any material considered to be useless, unwanted or discarded by the person who last used the material for its intended and original purpose. For the purpose of Chapter 5.09, the term “waste” also includes any such material even if it is broken, recoverable, or recyclable.
Means any person who is (1) franchised, licensed or permitted by a local government unit pursuant to state law to collect and haul solid waste; or (2) engaged, in whole or part, in the collection, transportation, delivery, or disposal of solid waste generated by such person or others within the Metro boundary.
Means first, reduce the amount of solid waste generated; second, reuse material for its originally intended purpose; third, recycle or compost material that cannot be reduced or reused; fourth, recover energy from material that cannot be reduced, reused, recycled or composted so long as the energy recovery facility preserves the quality of air, water and land resources; and fifth, landfill solid waste that cannot be reduced, reused, recycled, composted or from which energy cannot be recovered.
Means the Waste Reduction Program required by ORS 459.055(2)(a), adopted by the Metro Council as part of the RWP, and accepted and approved by the DEQ as part of the RWP.
Means vegetative and woody material generated from residential or commercial landscaping activities. Yard debris includes landscape waste, grass clippings, leaves, hedge trimmings, branches, sod, scrapings, stumps and other vegetative waste having similar properties. This term does not include other solid waste such as soil, demolition debris, painted or treated wood waste.