This chapter shall be known as the Solid Waste Management Ordinance and may also be so cited and pleaded and shall be cited herein as “this chapter.”(Ord. 1851, passed 8-8-94)
It is declared to be the public policy of the city to regulate solid waste management to:
(A) Ensure safe, economical and comprehensive solid waste service;>
(B) Ensure rates that are just and reasonable and adequate to provide necessary public service;>
(C) Prohibit rate preferences and any other practice that might be discriminatory; and>
(D) Provide for technologically and economically feasible recycling and resource recovery by and through the franchisee.
(Ord. 1851, passed 8-8-94
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
City. The City of Hermiston. Where the city limits are extended, the City shall include extended geographic boundaries.
Compensation. Includes:
(1) Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;
(2) The exchange of service between persons; and
(3) 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.
Council.The City Council of the City of Hermiston.
Franchisee. Sanitary Disposal, Inc. to whom a franchise is granted by the City Council pursuant to Ordinance 1851. The 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 service under this chapter.
Person. Any individual, public or private corporation, industry, co-partnership, association, cooperative, firm, trust, estate or any other legal entity whatsoever.
Recyclable Materials. 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.
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.
Service. The collection, transportation, storage, transfer, disposal of or the resource recovery from solid waste.
Solid Waste. All putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, 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, dead animals, infectious waste as defined in ORS 459.005, and other wastes; but the term does not include:
(1) Hazardous waste as defined in ORS 466.005.
(2) Materials used for fertilizer or for other productive purposes or which are salvageable as the materials are used on land in agricultural operations 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 ORS 459A.700 through 459A.740.
Solid Waste Management. 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 the activities.
Waste. Material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed of by another person. For the purpose of this paragraph, “utilized” means the productive use of wastes through recycling, reuse, salvage, resource recovery, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land.
(Ord. 1851, passed 8-8-94)