§ 5. Definitions.

A.

For the purposes of this Ordinance, the words set out in this section shall have the following meanings:

" City " means the City of Independence.

" Compact and compaction " means the process of, or to engage in the shredding of material, or the manual or mechanical compression of material.

" Compensation " means consideration of any kind paid for solid waste management service, including, but not limited to, the direct or indirect payment of money, including the proceeds from resource recovery, or the provision of goods, services or other benefits to tenants, lessees, occupants or other persons as part of rent.

" Compost" means the controlled biological decomposition of organic material or the product resulting from such process.

" Council" means the City Council of the city.

"Dispose or Disposal" means the accumulation, storage, discarding collection, removal, transportation, recycling or resource recovery of solid waste.

"Franchise" means the authorization to operate a solid waste management and recycling service, including all mutual rights, duties and obligations of the Franchisee and the City as contained in this Ordinance.

" Franchisee" is any person or persons granted a franchise to do any activity regulated by this Ordinance. For the purpose of this Ordinance, the Franchisee is Brandt's Sanitary Service, Inc.

" Generator" means the person who produces solid waste or recyclable material to be placed, or that is placed, for collection. As used in this Ordinance, "generator" does not include any person who manages an intermediate function resulting in the alteration or compaction of the solid waste or recyclable material after it has been produced by the generator and placed out for collection and disposal.

" Gross Revenue" The gross revenue of Franchisee shall mean revenues derived from all sources of operations of the system within the City including, but not limited to, fees from all accounts, interest plus penalty charges, advertising and other revenues received in the course of doing business in the City. Gross revenue shall also include all sums received by the Franchisee attributable to the operation of the Franchise as rebates, commissions, royalties, or other monies from vendors or advertisers. No expenses, encumbrances or expenditures shall be deducted from the gross revenue in determining the total gross revenue.

"Hazardous waste " means any wastes defined as hazardous wastes by or pursuant to ORS Chapter 466; or defined as hazardous wastes by another governmental unit having jurisdiction; or found by the franchisee and the city to be hazardous to service workers, to service equipment or to the public.

"Mixed Recycling" means the process where two or more types of recyclable materials are collected together (i.e., not separated) in a combination allowed by the City.

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

"Placed for Collection" means to put solid waste, recyclable material or yard debris out for collection by a franchisee, as provided in this Ordinance.

"Receptacle " means a trash can, cart, bin, container, drop box or other vessel used for the disposal of solid waste and recycling that has been approved by the City and into which solid waste, recyclable material or yard debris may be placed for collection.

"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.

"Recycling" means any process, including mixed recycling, by which solid waste is transformed into new or different products in such a manner that the original products may lose their original identity. As used in this Ordinance, 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" means the process of obtaining useful material or energy resources from solid waste, including energy recovery, materials recovery, composting, recycling or reuse of solid waste.

"Reuse" means the return of waste into the economic stream, to the same or to a similar use or application, without change in the waste's identity.

"Service" means the collection, storage, transportation, transfer, reuse, recycling, composting or other resource recovery from or disposal of solid waste; this includes the providing of special service as defined below.

"Service area" means the geographic area within the city's boundaries, and, subject to ORS 459.085(3), any area annexed by the city after the effective date of this Ordinance.

"Solid waste" means all putrescible and nonputrescible waste, including, but not limited to, garbage, rubbish, refuse, ashes and swill; waste paper, corrugated or cardboard; grass clippings and yard debris; compost; residential, commercial, industrial, demolition and construction wastes; discarded residential, commercial and industrial appliances, equipment and furniture; discarded, inoperable or abandoned vehicles or vehicle parts and vehicle tires; manure, vegetable or animal solid or semisolid waste, dead animals, infectious waste as defined in ORS 459.386 and all other wastes not excepted by this subsection. Solid waste does not include:

1.

Hazardous waste as defined in this section;

2.

Sewer sludge and septic tank and cesspool pumping or chemical toilet waste;

3.

Reusable beverage containers as defined in ORS 459A.700.

"Solid Waste Management" means the business of collection, transportation, storage, treatment, utilization, processing, disposal, recycling, and resource recovery of solid waste.

"Special Service " means collection of bulky waste, including furniture, appliances and large quantities of waste.

"Waste" means material that is no longer usable by or that is no longer wanted by the source of the material, which material is to be disposed of or to be reused, recycled, composted or otherwise resource recovered by another person.

1.

The fact that all or any part of the materials which would otherwise come within the definition of "waste" may have value and thus be reused, recycled or otherwise recovered does not remove them from this definition.

2.

The fact that the source, generator or producer of materials has separated or segregated such material from other waste does not remove the materials from this definition.

"Yard Debris " means grass clippings, leaves, tree and shrub prunings of no greater than four inches in diameter, or similar yard and garden vegetation. Yard Debris does not include dirt, sod, stumps, logs or tree/shrub prunings larger than four inches in diameter.

(Ord. No. 1475, § 5, 5-12-2009)