Except where the context clearly indicates a different meaning, or where a term is defined below, the definitions appearing in O.R.S. 459.005 and regulations promulgated thereunder are applicable to this chapter. The singular includes the plural and vice versa. As used in this chapter, the following words shall be defined as follows:
CALLBACK FEE. A flat rate charge which may be assessed to a customer where, due to no fault whatsoever of the franchisee, a customer has requested a collection truck to return on the regular service day to pick up refuse remaining at the premise after the regular pick up time of that customer. Callback fees do not apply to missed containers that were at the appointed location at the designated time, nor to clean up refuse spilled or strewn by the employees or equipment of the franchisee.
CITY. The City of Banks. Where the city limits are extended, the city shall include such extended geographic boundaries, even where this extension occurs after the effective date of this chapter.
CITY COUNCIL or COUNCIL. The City Council of the City of Banks.
COMPENSATION. Compensation includes:
(1) Any type of compensation paid for service including, without limitation, rent lease payments and other direct or indirect provision of payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons to the property owner or landlord of the property being rented or leased;
(2) The exchange of service between persons, except that compensation does not include the benefits, incidental advantages or tax advantages resulting from the donation of services for any form of solid waste exempted by this chapter; and
(3) The flow of consideration from the person owning or possessing the solid waste or recyclable material to the person providing the service to the person owning or possessing the solid waste or recyclable material.
DROP BOX SERVICE. Service of self-contained containers with a capacity of 10 cubic yards or more that are hauled directly to a disposal or transfer site rather than emptied into a truck or other container for transport.
EXTRA GARBAGE FEE. A variable rate charge which may be assessed to a residential or commercial customer for refuse in addition to that contained in the can associated with the type and class of service requested by the customer. Such a fee, as established in Schedule A, is measured in 20-gallon volume increments or any part thereof, unless the extra garbage is contained in the same type of container as associated with the type and class of service normally subscribed to by the customer.
FRANCHISEE. The person or persons, to whom a franchise is granted by the City Council pursuant to this chapter. A franchise may be delineated as to the form or geographic boundaries of service to be provided or by both the form and geographic boundary. Such franchise shall grant exclusive rights to provide service and solid waste management service for compensation.
GROSS RECEIPTS. All revenue received from providing solid waste management services under this chapter.
MINI-CAN. A class of residential garbage service using a specially designed, designated or marked can containing on a regular basis, no more than 20 gallons of refuse.
MIXED SCRAP PAPER. This class of recyclable paper includes junk mail, copy and fax paper, colored and white writing paper, computer paper, tablet and note paper, construction paper, file folders, chipboard (e.g., cereal, cracker and potato chip boxes), shoe and gift boxes, paper towel and toilet paper tubes, paper egg cartons, envelopes, greeting cards, all-paper gift wrap, coupons, brochures, bill inserts, Post-it Notes, paper labels from tin cans or bottles, non-draft paper bags, and other household paper products that may from time to time be administratively added to this class by the Council.
PERSON. An individual, partnership, association, corporation, trust, firm, estate or other public or private legal entity.
RECYCLABLE MATERIALS. Except as otherwise included by specific reference herein, recyclable materials shall mean any materials or groups of materials that can normally 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. All recyclable material on the Oregon Department of Environmental Quality (DEQ) principal list of recyclable materials for the Washington County Wasteshed, as may from time to time be amended, shall be considered recyclable materials. Demolition and construction wastes shall be considered recyclable materials to the extent that any such materials meet the cost effectiveness test of this section. Recyclable materials included in the curbside collection program of the City include: aluminum cans, corrugated cardboard and kraft (brown) paper bags, glass bottles and jars, magazines, motor oil, newspapers, scrap metal, mixed scrap paper, yard debris and “tin” (steel) cans (including aerosol cans as approved by DEQ).
RESOURCE RECOVERY. The process of obtaining useful material or energy resource from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.
SERVICE. The collection, transportation or disposal of, or the resource recovery from, waste of solid waste.
SOLID WASTE. All putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, tires, equipment and furniture; commercial, industrial, unrecyclable demolition and construction wastes; discarded or abandoned vehicles or parts thereof; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes, infectious wastes, and other wastes, but the term does not include:
(1) Hazardous waste as defined in O.R.S. 466.005.
(2) Materials used for fertilizer or for other productive purposes on which are salvageable for use as such materials are used on land in agricultural operation and the growing or harvesting of crops and the raising of fowls or animals.
(3) Beverage containers, subject to reuse or refund provisions, contained in O.R.S. 459A.700 to 459A.740.
SOLID WASTE MANAGEMENT SERVICES. The prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to such activities.
WASTE. Useless or discarded materials.
(Ord. 2007-11-02, passed 11-13-2007; Ord. 2010-04-01, passed 5-13-2010; Am. Ord. 2011-01-01, passed 1-11-2011; Am. Ord. 2012-11-01, passed 11-13-2012)