1992-41806-Ordinance No. 92-071 Recorded 12/9/1992v
LL:
92-41805
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO ,I;bAffON- -
An Ordinance Amending Title 13.12,
Division III. Solid Waste Collection,
Disposal and Recycling, of the Deschutes
County Code, and Declaring an Emergency.
ORDINANCE NO. 92-071
* C2 nFr, - PSH 1.- 24
it iuLL'Ji
0120-0240
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY ORDAINS
as follows:
Section 1. That Title 13.12, "Division III. Solid Waste
Collection, Disposal and Recycling" Section 13.12.040(33)
Definitions of the Deschutes County Code, be amended as set forth
in Exhibit "A," attached hereto and by this reference incorporated
herein.
Section 2. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
effective date.
DATED this `T`o'day of December, 1992.
T E T z 9/M
Recording Secretary
BOARD OF OOUNTY COMMISSIONERS
OF DES ES COUNTY, OREGON
TO HROOP, ebfnmisio e
),k)
ilho)hl
N7ANC dEN, Commi sioner
K 9AIMLIN, 'ClIairman
1 - ORDINANCE NO. 92-071 (12/9/92)
13.12.040 Definitions.
For the purpose of this division, and
where appropriate in the context, words used in
the present tense include the future, the sin-
gular number includes the plural, the word
"shall" is mandatory and not directory, and the
term "this division" shall be deemed to include
all amendments hereafter made to Division III
of Title 13 of this code.
1. "Administrator" means the
county engineer, county health officer, county
sanitarian or other persons designated by
resolution of the board to administer this
division, and the duly authorized deputy or
assistant of such person.
2. 'Board" means the board of
county commissioners.
3. "Collection franchise" means a
franchise to collect, transport, dispose of,
deposit or store solid waste and recyclable
materials.
4. "Collection vehicle" means any
vehicle used to collect or transport solid waste
and recyclable material.
5. "Commercial hauler" means a
collection franchisee whose principal business is
the collection, transportation and disposal of
solid waste and recyclable material.
6. "Committee" means the solid
waste advisory committee.
7. "Compensation" means any type
of consideration given for service, including, but
not limited to, direct or indirect compensation
by tenants, occupants, licensees or similar
persons.
8. 'Depot" means a permanent or
temporary facility, container or box provided for
persons to deposit totally source -separated
materials for recycling or reuse.
9. 'Disposal" means accumulation,
storage, collection, transportation and disposal
of solid waste.
10. 'Disposal franchise" means a
franchise to create or maintain a disposal site.
11. 'Disposal site" means any land
and facilities used for the disposal, handling or
transfer of or resource recovery from solid
waste, including, but not limited to, dumps,
0120-0241
sludge lagoons and treatment facilities, landfills,
sanitary landfills, composting plants, transfer
stations and incinerators. "Disposal site" does
not include a landfill site which is subject to the
permit requirements of Oregon Revised
Statutes Sections 468.740 or 481.345, or a site
which is not used by the public either directly or
through a service and which is used by the
owner or person in control thereof to dispose of
wood scrap, sawdust, bark, soil, rock, building
demolition material or nonputrescible industrial
waste products resulting from the process of
manufacturing.
12. "Franchise" means a license to
provide service issued by the board for a fee
pursuant to this division.
13. "Franchisee" means a person to
whom the board has granted a franchise.
14. "Generator" (of solid waste)
means a person who possesses and controls an
item or material immediately prior to and at the
time it becomes a waste or solid waste, or a
person who last used an item or material and
makes it available for recycling or reuse.
15. "Hazardous waste" means any
waste defined as hazardous waste in ORS
466.005(7).
16. "Incinerator" means a
combustion device specifically designed for the
reduction by burning of solid, semisolid or
liquid waste.
17. "Infectious waste" means
biological waste, cultures and stocks,
pathological waste and sharps, including medical
waste, as defined in ORS 459.386(2).
18. "Landfill' means a disposal site
operated by means of compacting and covering
solid waste at specific designated intervals, but
not each operating day.
19. 'Noncommercial hauler" means
a collection franchisee whose principal business
is other than the collection, transportation and
disposal of solid waste and recyclable material.
20. "On -route collection" means
pickup of source -separated recyclable material
from the generator at the place of generation.
21. 'Person" means and includes
individuals, corporations, associations, firms,
partnerships and joint stock companies.
2 - EXHIBIT "A" ORDINANCE NO. 92-071 (12/9/92)
22. "Putrescible material" means
organic material that can decompose and may
give rise to foul smelling, offensive products.
23. "Recyclable material" and
"recyclable" mean any material 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, or those
materials listed or approved as recyclable
material by the Oregon Department of
Environmental Quality for Deschutes County,
pursuant to ORS 459.170.
24. "Recycle" or "recycling" means
the use of any process by which solid waste is
transformed into new products in such a
manner that the original material may lose its
identity.
25. "Regulations" means regulations
promulgated by the board pursuant to this
division.
26. "Resource recovery" means the
process of obtaining useful material or energy
resources from solid waste, including recycling
and reuse.
27. "Reuse" means return of
material into the economic stream for the use
in the same kind of application as before
without change in its identity.
28. "Rules" means rules
promulgated by state agencies pursuant to
Oregon Revised Statutes Chapter 459.
29. "Sanitary landfill" means a
disposal site operated by means of compacting
and covering solid waste at least once each
operating day.
30. "Self -hauling" means
transportation by a generator of such person's
own waste, solid waste or recyclable material
directly to a disposal or recycling site or depot.
"Self -hauling" includes the transportation of
solid waste or recyclable material which the
generator produces as an incidental part of the
generator's business, such as waste incidental to
restaurants, janitorial service, gardening or
landscaping, carpentry, remodeling, etc. Waste
incidental to the generator's business does not
include the accumulated or stored waste, of the
generator's customers or clients.
31. "Service" means collection,
0120-0242
transportation, transfer, disposal or recycling of
solid waste or recyclable material for
compensation. "Service" does not include
self -hauling.
32. "Service area" means the
geographical area or premises in which service,
other than operation of a disposal site, is or has
been provided.
33. "Solid waste" means all
putrescible and nonputrescible waste, whether
in solid or liquid form, except liquid -carried
industrial waste or sewage or sewage sludge
hauled as an incidental part of a septic tank or
cesspool cleaning service, but including garbage,
rubbish, ashes, paper, cardboard, sewage sludge,
street refuse, industrial waste, infectious waste,
swill, demolition and construction waste,
inoperative and/or unlicensed or dismantled or
partially dismantled [abandoned] vehicles or
parts thereof, discarded home or[and] industrial
appliances, manure, vegetable or animal solid
and semisolid waste, dead animals or other
discarded solid material.
34. "Solid waste management"
means prevention or reduction of solid waste
accumulation, including management of storage,
collection, transportation, treatment, utilization,
processing and final disposal or salvage,
source -separation, recycling or reuse of the
resource recovery from solid waste, and
necessary facilities therefor.
35. "Transfer station"' means a fixed
or mobile facility normally used as an adjunct of
a solid waste collection and disposal system or
resource recovery system between a collection
route and a disposal site.
36. "Waste" means useless,
unwanted or discarded material.
37. "Wasteshed" means the
geographical area within the county. (Ord. 91-
004 § 1, 1991; Ord. 85-037 § 4.01 1985)
3 - EXHIBIT "A" ORDINANCE NO. 92-071 (12/9/92)