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(1) As used in this chapter:

(a) Specific Definitions.

“City” means the City of Millersburg and the area within its boundaries, including its boundaries as extended in the future.

“Collection vehicle” is any vehicle used to collect, transport or dispose of solid waste and recyclable materials.

“Compaction” means the process by which material is shredded, manually compacted or mechanically compacted.

“Compensation” includes:

(i) 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, cooperatives, or similarly situated persons;

(ii) The exchange of service between persons; and

(iii) 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” means the legislative body of the City.

“Dispose” or “disposal” includes accumulation, storage, collection, transportation and disposal of solid waste.

“Franchise collection” is a franchise to collect, transport, process, or recover solid waste and recyclable materials.

“Franchise disposal” is a franchise to create or maintain a disposal site.

“Franchisee” means the person granted the franchise by MMC 3.10.040, or a subcontractor of such person. The particular franchisee referred to in this chapter is Albany-Lebanon Sanitation Company.

“Generator” means the person who 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 material after it has been produced by the generator and placed for collection and disposal or recovery.

“Grantee” means the corporation referred to in MMC 3.10.040.

“Infectious waste” means biological waste, cultures and stocks, pathological wastes and sharps as defined in ORS 459.386 and 459.387.

“Incinerator” means a waste-to-energy facility specifically designed for the reduction by burning of solid, semi-solid or liquid combustible wastes, and the recovery of energy from said wastes.

“Mixed recyclables” means two or more recyclable materials collected together, that are not separated, and that are in the combination of materials allowed by the City.

“Person” means an individual, corporation, association, firm, partnership, cooperative, trust, estate, joint partnership or other private legal entity.

“Placed for collection” means 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” means an operation where collected materials are sorted, graded, cleaned, identified or otherwise prepared for end use markets.

“Public place” includes any City-owned park, place or grounds within the City that is open to the public but does not include a street or bridge.

“Putrescible material” is solid waste containing organic material that can decompose and may give rise to foul-smelling, offensive products or which is capable of providing food for birds and potential disease vectors, such as rodents and flies, including but not limited to bones, meat, meat scraps, fat, grease, fish, fish scraps, vegetables, fruit and food containers or products contaminated with food wastes, particles or residues.

“Recycling opportunity” means recycling done in accordance with ORS Chapter 459A, together with the regulations promulgated thereunder.

“Resource recovery” is the process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.

“Rules” are rules promulgated by State agencies pursuant to ORS Chapters 459 and 459A.

“Sanitary landfill” is a site operated in compliance with a permit issued by the Department of Environmental Quality for the disposal of solid waste by placing it in or upon land and covering it with earth or other approved cover material.

“Service” means collection service as defined by ORS 459.005(3) and which service includes the collection, transportation, disposal, reuse, recycling or other resource recovery of or from solid waste or recyclable materials or both, by franchisee for compensation.

“Service area” is the geographical area in which service, other than operation of a disposal site, is provided by franchisee, and includes all area within the City limits of the City.

Solid Waste. See subsection (1)(b) of this section, General Definitions.

“Solid waste management” is the management of service.

“Transfer site” or “transfer facility” means 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 transport to a transfer site, disposal site, landfill, waste-to-energy facility, or resource recovery site or facility.

“Waste” is material that is no longer wanted or usable by the source, the source generator or producer of the material, which material is to be disposed of or resource recovered by another person, and includes both source separated material and non­source separated materials.

(b) General Definitions. The following terms shall have the meanings as they are defined in ORS 459.005 and 459A.005: “collection service,” “commercial,” “disposal site,” “energy recovery,” “franchise,” “hazardous waste,” “household hazardous waste,” “material recovery,” “recyclable material,” “recycling,” “reuse,” “solid waste,” “source separate.”

(2) As used in this chapter, the singular number may include the plural and the plural number may include the singular. (Ord. 98 § 3, passed 8-9-2005)