75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1325
 
                         House Bill 3012
 
Sponsored by COMMITTEE ON RULES (at the request of Oregon Public
  Ports Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Defines conditions when rock, gravel, sand, silt and other
similar material removed from waters of state are and are not
solid waste.
 
                        A BILL FOR AN ACT
Relating to solid waste; creating new provisions; and amending
  ORS 459.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 459.005 to 459.437. + }
  SECTION 2. { +  Rock, gravel, sand, silt and other similar
material that are removed from the waters of this state are solid
waste if:
  (1) Federal or state authorizations require the rock, gravel,
sand, silt and other similar material to be disposed of in a
municipal solid waste landfill, as defined in 40 C.F.R. 257.2; or
  (2) The rock, gravel, sand, silt and other similar material are
taken to a municipal solid waste landfill, as defined in 40 C.F.R
257.2, for disposal and are not used as cover, as roadbed
material or for other beneficial use. + }
  SECTION 3. ORS 459.005 is amended to read:
  459.005. As used in ORS 459.005 to 459.437, 459.705 to 459.790
and 459A.005 to 459A.665:
  (1) 'Affected person' means a person or entity involved in the
solid waste collection service process including but not limited
to a recycling collection service, disposal site permittee or
owner, city, county and metropolitan service district.
  (2) 'Board of county commissioners' or 'board' includes a
county court.
  (3) 'Collection service' means a service that provides for
collection of solid waste or recyclable material or both but does
not include that part of a business operated under a certificate
issued under ORS 822.110.
  (4) 'Commercial' means stores, offices including manufacturing
and industry offices, restaurants, warehouses, schools, colleges,
universities, hospitals and other nonmanufacturing entities, but
does not include other manufacturing activities or business,
manufacturing or processing activities in residential dwellings.
  (5) 'Commission' means the Environmental Quality Commission.
 
  (6) 'Compost' means the controlled biological decomposition of
organic material or the product resulting from such a process.
  (7) 'Department' means the Department of Environmental Quality.
  (8)(a) 'Disposal site' means land and facilities used for the
disposal, handling or transfer of, or energy recovery, material
recovery and recycling from solid wastes, including but not
limited to dumps, landfills, sludge lagoons, sludge treatment
facilities, disposal sites for septic tank pumping or cesspool
cleaning service, transfer stations, energy recovery facilities,
incinerators for solid waste delivered by the public or by a
collection service, composting plants and land and facilities
previously used for solid waste disposal at a land disposal site.
  (b) 'Disposal site' does not include:
  (A) A facility authorized by a permit issued under ORS 466.005
to 466.385 to store, treat or dispose of both hazardous waste and
solid waste;
  (B) A facility subject to the permit requirements of ORS
468B.050 or 468B.053;
  (C) A site used by the owner or person in control of the
premises to dispose of soil, rock, concrete or other similar
nondecomposable material, unless the site is used by the public
either directly or through a collection service; or
  (D) A site operated by a dismantler issued a certificate under
ORS 822.110.
  (9) 'Energy recovery' means recovery in which all or a part of
the solid waste materials are processed to use the heat content,
or other forms of energy, of or from the material.
  (10) 'Franchise' includes a franchise, certificate, contract or
license issued by a local government unit authorizing a person to
provide solid waste management services.
  (11) 'Hazardous waste' has the meaning given that term in ORS
466.005.
  (12) 'Household hazardous waste' 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.
  (13) 'Land disposal site' means a disposal site in which the
method of disposing of solid waste is by landfill, dump, pit,
pond or lagoon.
  (14) 'Landfill' means a facility for the disposal of solid
waste involving the placement of solid waste on or beneath the
land surface.
  (15) 'Local government unit' means a city, county, metropolitan
service district formed under ORS chapter 268, sanitary district
or sanitary authority formed under ORS chapter 450, county
service district formed under ORS chapter 451, regional air
quality control authority formed under ORS 468A.100 to 468A.130
and 468A.140 to 468A.175 or any other local government unit
responsible for solid waste management.
  (16) 'Material recovery' means any process of obtaining from
solid waste, by presegregation or otherwise, materials that still
have useful physical or chemical properties and can be reused or
recycled for some purpose.
  (17) 'Metropolitan service district' means a district organized
under ORS chapter 268 and exercising solid waste authority
granted to such district under this chapter and ORS chapters 268
and 459A.
  (18) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm, trust, estate or any
other legal entity.
  (19) 'Recyclable material' means 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.
  (20) 'Recycling' means any process by which solid waste
materials are transformed into new products in a manner that the
original products may lose their identity.
  (21) 'Region' means the states of Idaho, Oregon and Washington
and those counties in California and Nevada that share a common
border with Oregon.
  (22) 'Regional disposal site' means a disposal site that
receives, or a proposed disposal site that is designed to receive
more than 75,000 tons of solid waste a year from outside the
immediate service area in which the disposal site is located. As
used in this subsection, 'immediate service area' means the
county boundary of all counties except a county that is within
the boundary of the metropolitan service district. For a county
within the metropolitan service district, 'immediate service area
' means the metropolitan service district boundary.
  (23) 'Reuse' 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.
  (24) 'Solid waste' means all useless or discarded putrescible
and nonputrescible materials, including but not limited to
garbage, rubbish, refuse, ashes, paper and cardboard, sewage
sludge, septic tank and cesspool pumpings or other sludge,
useless or discarded commercial, industrial, demolition and
construction materials, discarded or abandoned vehicles or parts
thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid materials, dead animals
and infectious waste as defined in ORS 459.386. 'Solid waste '
does not include:
  (a) Hazardous waste as defined in ORS 466.005.
  (b) Materials used for fertilizer or for other productive
purposes or which are salvageable as such materials are used on
land in agricultural operations and the growing or harvesting of
crops and the raising of animals.
   { +  (c) Except as provided in section 2 of this 2009 Act,
rock, gravel, sand, silt and other similar material, whether
saturated or not, that are removed from the waters of this state
for the purpose of facilitating marine commerce pursuant to:
  (A) 33 U.S.C. 403, 1341 or 1344; and
  (B) ORS 196.800 to 196.905. + }
  (25) 'Solid waste management' means prevention or reduction of
solid waste, management of the storage, collection,
transportation, treatment, utilization, processing and final
disposal of solid waste, recycling, reuse and material or energy
recovery from solid waste and facilities necessary or convenient
to such activities.
  (26) 'Source separate' means that the person who last uses
recyclable material separates the recyclable material from solid
waste.
  (27) 'Transfer station' means a fixed or mobile facility other
than a collection vehicle where solid waste is deposited
temporarily after being removed from the site of generation but
before being transported to a final disposal location.
  (28) 'Waste prevention' means to reduce the amount of solid
waste generated or resources used, without increasing toxicity,
in the design, manufacture, purchase or use of products or
packaging.  ' Waste prevention' does not include reuse, recycling
or composting.
  (29) 'Wasteshed' means an area of the state having a common
solid waste disposal system or designated by the commission as an
appropriate area of the state within which to develop a common
recycling program.
  (30) 'Yard debris' includes grass clippings, leaves, hedge
trimmings and similar vegetative waste generated from residential
 
property or landscaping activities, but does not include stumps
or similar bulky wood materials.
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