For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section. Words not defined in this chapter, but defined in Oregon Revised Statutes 459 and 459A, shall have the meanings given in those statutes.
CITY: The city of Nyssa and the area within its boundaries, including its boundaries as extended in the future.
COMPACT OR COMPACTION: The process of, or to engage in a process, by which material is shredded, manually compacted or mechanically compacted.
COMPENSATION: Includes:
A. Any type of consideration paid for service, including, but not limited to: rent, the proceeds from resource recovery, any direct or indirect provisions for the payment of money, goods, services or benefits by tenants, lessees, occupants, members, or similarly situated persons.
B. The exchange of service between persons; and
C. The flow of consideration from a person owning, possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing or generating solid waste.
CURBSIDE: A location within three feet (3') of a city street, public access road, state or federal road. This does not allow solid waste or recycling receptacles to be placed on the inside of a fence or enclosure for collection, even if the receptacle is within three feet (3') of said road or roads. For residences on "flag lots", private roads or driveways, "curbside" shall be the point where the private road or driveway intersects a city street, public access road, state or federal road.
DISPOSE OR DISPOSAL: The ultimate disposition at a disposal site of solid waste collected by the franchisee.
FRANCHISE: The authorization given by this chapter for the franchisee to provide solid waste management service in the city in accordance with this chapter.
FRANCHISEE: S&S Disposal, Inc., an Oregon corporation, granted a franchise pursuant to section 8-4-3 of this chapter or a subsequent ordinance. It also includes any subcontractor to S&S Disposal, Inc., of Nyssa operating within the franchise territory.
GENERATOR: The person whose act or process produces the solid waste and recyclable material and places it for collection and disposal or processing. The term does not include a person who manages an intermediate function that results in alteration or compaction of the solid waste or recyclable material after it has been produced by the generator and placed for collection and disposal or recovery.
GROSS REVENUE: Revenues derived from all sources of operation within the city, allowed by law to be included within the term of gross revenue. No expenses, encumbrances or expenditures shall be deducted from the gross revenue in determining the total gross revenue subject to the franchise fee, except net uncollectibles.
HAZARDOUS WASTE: Has the meaning given in Oregon Revised Statutes 466.005.
INFECTIOUS WASTE: Any infectious material as defined in Oregon Revised Statutes 459.386 and 459.387.
MIXED AND COMMINGLED RECYCLABLES: Two (2) or more recyclable materials collected together, that are not separated, and that are in the combination of materials allowed by the city.
PERSON: An individual, partnership, association, corporation, cooperative, sole proprietorship, trust, firm, estate, governmental unit, or any other private legal entity in law or fact.
PLACED FOR COLLECTION: Solid waste, recyclable materials or yard debris that has been placed by the generator for collection by the franchisee in accordance with the terms of this chapter.
PROCESSING: An operation where collected materials are sorted, graded, cleaned, identified or otherwise prepared for end use markets.
PUTRESCIBLE WASTE: Solid waste or waste, including: bones; meat and meat scraps; fat; grease; fish and fish scraps; food containers or products contaminated with food wastes, particles or residues; prepared vegetable and fruit food wastes or scraps; manure; feces; sewer sludge; dead animals or similar wastes which cause offensive odor or create a health hazard, or which are capable of attracting or providing food for potential disease carriers, such as birds, rodents, flies and other vectors. Organic materials that can decompose and that may create foul smelling, offensive odors or products.
RECEPTACLE: Trash cans (owned by customer), carts, bins, containers (dumpsters), or drop boxes used for the containment, collection and disposal of solid waste, recyclable materials or yard debris.
RECYCLABLE MATERIAL: Any 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. Recyclable materials are a subset of solid waste.
RECYCLING: The process by which solid waste materials are transformed into new or different products in such a manner that the original products may lose their original identity.
As used in this chapter, recycling includes the collection, transportation and storage of solid waste done in order to place the solid waste in the stream of commerce for recycling or for resource recovery.
RESOURCE RECOVERY: The process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste as these terms are defined in Oregon Revised Statutes 459.005.
REUSE: The result of waste into the economic stream, to the same or to a similar use or application, without change in the waste's identity.
SERVICE: The collection, storage, transportation, transfer or disposal of solid waste by a franchisee, including such activities that result in recycling or resource recovery from solid waste by franchisee.
SERVICE AREA: The geographic area in which solid waste management service is provided by this franchise. For the purpose of this chapter, the service area is the legal boundaries of the city of Nyssa, including any areas annexed during the term of this franchise, and all property owned by the city, outside city limits.
SOLID WASTE: As defined in Oregon Revised Statutes 459.005(24), including, but not limited to: all useless or discarded putrescible, nonputrescible and recyclable materials. All waste, in solid, semisolid or liquid form, including, but not limited to: garbage, rubbish, ashes, street refuse, wastepaper, cardboard, demolition and construction debris, vegetable or animal solid and semisolid wastes, dead animals, infectious waste as defined in Oregon Revised Statutes 459.386(4), but excluding sewage, sewage sludge or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, or material used by the generator of the material for fertilizer or composting or for other productive agricultural or horticultural purposes.
SOLID WASTE MANAGEMENT: The business of collection, transportation, storage, treatment, utilization, processing, disposal, recycling and resource recovery of solid waste and recyclable material.
SOURCE SEPARATION: The separation of solid waste materials by the generator in preparation for recovery by recycling or reuse.
TRANSFER SITE OR TRANSFER FACILITY: A facility used as an adjunct to collection vehicles, a resource recovery facility, or a disposal site between the collection of the waste/solid waste and disposal site, including, but not limited to: a concrete slab, pit, building, hopper, railroad gondola or barge. Transfer site or transfer facility does not include a self-propelled, compactor type solid waste collection vehicle into which scooters, pickups, small packers or other satellite collection vehicles dump collected solid waste for transfer to a transfer site, disposal site, landfill or resource recovery site or facility.
WASTE: Material that is no longer wanted or usable by the source, the source generator or producer of the material, and the material is to be disposed of or resource recovered by another person, and includes both source separated material and nonsource separated materials.
YARD DEBRIS: Grass, clippings, leaves, hedge trimmings and similar vegetative solid waste, but does not include stumps or similar bulky wood materials. Yard debris is a subset of solid waste. (Ord. 627-10, 9-21-2010; amd. 2014 Code)