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FY2010-07 Solid Waste Collection and Disposal1 Introduced by: Borough Assembly Requested by: Borough 2 Manager /Staff 3 Drafted by: Env. Spec. Mitchell 4 Introduced: 03/04/2010 5 Public Hearing: 04/01/2010 6 Amended by 04/01/2010 Substitution: 7 Postponed: 04/15/2010 8 Amended: 04/15/2010 9 Adopted: 04/15/2010 10 KODIAK ISLAND BOROUGH 11 ORDINANCE NO. FY2010 -07 12 13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 14 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 8 15 HEALTH AND SAFETY BY REPEALING THE EXISTING CHAPTER 8.25 SOLID WASTE 16 COLLECTION AND DISPOSAL AND REENACTING A NEW CHAPTER 8.25 SOLID 17 WASTE COLLECTION AND DISPOSAL SECTION 8.25.10 TO SECTION 8.25.240 18 19 WHEREAS, the existing Solid Waste Collection and Disposal code was put in place in 20 1986; and 21 22 WHEREAS, staff determined the need to bring the Solid Waste Collection and Disposal 23 code into compliance with the modified solid waste collection and disposal services; and 24 25 WHEREAS, the existing KIBC 8.25 is being repealed in its entirety and a new Chapter 26 8.25 is being established. The new chapter includes policies that reflect the modified solid 27 waste collection and disposal services, and establishes policies and procedures to 28 effectively provide enforcement; and 29 30 WHEREAS, staff research and prcposal considered Alaska Statutes, codes from other 31 municipalities, and expertise from an attorney specializing in solid waste; and 32 33 WHEREAS, this ordinance was also reviewed by the Borough Attorney for compliance. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1: This ordinance is of a general and permanent nature and shall become a part 39 of the Kodiak Island Borough Code of Ordinances; 40 41 Section 2: The Kodiak Island Borough Code of Ordinances Title 8 Health and Safety, 42 Chapter 8.25 Solid Waste Collection and Disposal is hereby repealed in its 43 entirety as follows: 44 45 46 47 48 49 Sections: 8.25.020 Definitions. Chapter 8.25 -' - ` Kodiak Island Borough Ordinance No. FY2010 -27 Page 1 of 19 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 8.25.0/15 Servicoc available. 8.25.050 Schodulo of rotas. 8.25.055 8.25.060 8.25.065 8.25.070 8.25.100 Balor facility and sanitary landfill. §2, 1986. Formorly §8.20.010]. "Diroctor" moans tho managor or his dosignoo; "Garbago" moans any wacto food products, food containers, kitchen rofuso, and any othor putrccciblo matorial; "Haul" moans to transport oithor porsonally Of by Sc u of the serv+ees of anothor individual "Hazardous or toxic wacto-" means waste that rifes tho stato of Alaska; by microorganisms oxcept industrial wasto such as fish processing by products; vohiclo is moving; Ong; wasto disposal; by the - borough. Kodiak Island Borough Vacancy. Solid wasto storage and containers. Sorvico roquosts, billing and colloction. Hazardous and toxic wastoc. haptor to rogulato tho storago, colloction, lid wasto in ordar to protoct tho public safoty, hoalth Ordinance No. FY2010 -07 Page 2 of 19 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 d dice bucinessos utilizo one du-Fr-lector, oaoh bt�sir►ess assombly. por wook for a minimum of six hours por day. No porson may doposit or disposo of any material in tho balor borough without first paying applicablo foot ostablishod by KIBC 8.25.050. disposal (o.g., burning, Iandfilling, otc.) oxcopt as providod in this soction. The financo diroctor may oxompt a person from thoso req-uiromcnts if he detorminos that tho porson roquires solid wasto eellestioR and disposal sorvico the borough systom. [Ord. 95 15 §2, 1995; Ord. 89 17 0 §2, 1989; Ofd. 86 52 0 §1, 1986; Ord. 86 39 0 §2, 1986. Formorly §8.20.030]. 1986. Formorly §8.20.0'10]. city -o 1. Rocidontial can or bag corvico shall be availabl turnaround, whcro dumpstors will bo provided on a ratio of one dwelling -u: s; m ans transporting tho garbago from tho rosidonco -or building to the colloction point; locatod within apartment buildings, trailer courts, and ether locations whoro utilization of a officicnt collection of garbago, rubbish, and trash, and a suitable location for a dumpstor if provided outcido the corporate limits of tho city of Kodiak. Bumpstcrs will be locatod at or noar intcrcoctions of foodcr roads and main artorial roads; 4. Commorcial can sorvico will bo availablo to businos& -premiscs on tho basis of limits, that aro not oligiblo for rocidontial bag corvico or homo bucinoss sorvico; and Kodiak Island Borough will share the east of tho dumpctcr dunapstcr por 10 to 15 Ordinance No. FY2010 -07 Page 3 of 19 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 189 190 191 192 193 194 195 196 197 198 sorvicos. be taken diroctly to the landf Docombor, January, Fobruary and March. C. The catogory of sorvico to he provided 170 . 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 and UtiIi zed , as well as the frequency of onvironmontal onginoor in conformaaoe with tho provisions of this ehaptor. Prior to any d by tho chango, roquocting tho parson to appear and confor in catogory of corvico. [Ord. 96 20 §2, 1096; Ord. 86 52 0 §2, 1986. Formorly §8.20.011]. A. Tho rates to bo chargod for garbage Gol1cction and disposal, including the operation ee- nonsubcidizod frcostanding oporation. Paymont s B. Unsecured loads transported by cars, pick -ups er trailers eight feet or Icsc in Iongth shall bo charged $10.00 more than the secured -load cha-rge. All ethor secured loads shall bo charged $30.00 moro than tho cocurod Toad chargo. C. Borough balor facility chargo accountc: designee; days aftor tho bill is mailed; and 3. Charging privilogcs may be reveked without Retied to the account ownor at any . _ .* Formorly §8.20.050]. 8.25.055 Vacancy. mado for a vacancy poriod of loss than 30 days. Tho garbage account will bo billod according to the foo schedule as set by rocolution during tho rocogn+zod vacancy poriod. Kodiak Island Borough Ordinance No. FY2010 -07 Page 4 of 19 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 pounds; ag shall not woigh more than 30 shall bo storod in containors or locations wh-ieh exclude dogs, cats, rats, rain, and snow and windstorms; and /or a maximum of two wooks; atortight bags boforo boing placod in containors; H. No porcon shall doposit so accordanco with all othor applicablo federal, stato and municipal statutes, erdinancoc, rulos, and rogulations. The borough reserves the right to - an stash premises -if not proporly Icopt and to add tho cost thoroof to tho utility bill of such person, and to p noncompliance with this coda. fOrd. 96 20 §2, 1996; Ord. 86 3-9 Q §2, 1986. Formorly spocifying tho promicos to bo sorvod, tho typo of corvico, th bo sent, and such other information as may bo- deter-mined to be necessary by tho director of financo. Kodiak Island Borough diroctly by tho city of Kodiak. tho borough, or by the contractor po4er ing tho sorvicc on Ordinance No. FY2010 -07 Page 5 of 19 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 chargo for oach s ed- r asonablc belief that billings for garba rocord of timoly paymont has boon ostablishod. Dopocit^ the- bor-etug-h, E. Evory chargo to a porson r ado by tho borough in connoctio+a with garbago colloction, al can or bag servico, residential carry out sorvicc, rocidontial dumpstor service, commercial bag service, a-nd sem nercial dumpster scrvicc, borough in tho samo manner as any othor lion or mortgago against tho property—fix 991; Ord. 91 07 e _ t!_ a t 1. _ . t!■ . a e. IA §2, 1991; Ord. 86 52 O §3, 1986. Formorly §8.20.065]. as tho onvironmontal cnginocr may roquiro. collection wiu be t+rracty paid the borough may A. Except as provided in this chapter: 1. No porson shall dispoco of hazardous or tonic wastes wit i+n t-ao borough; and 8. Hazardous and toxic wastes that the- environmental er- gir3oer determines can bo safoly both safoly and officicntly dicposod of at borough disposal facilitios shall bo disposod of in §2, 1986. Formorly §8.20.0701. e: ._ . . - :e a •• - •- e e' • e - 1. The su shall bo constructod so thoy will not closo automatically whon oponod; 1. If racks aro utilizod by adjacont promices, tho racks e&atod noxt to oach obstructions; and 5. All racks shall bo maintainod in good condition and ropair. Kodiak Island Borough Ordinance No. FY2010 -07 Page 6 of 19 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 B. Colloction of garbago, rubbish, and trash shall e -on the d E. Accoss from tho travoled way to -the- garbage, rubbish, and task placed for colloction 1986: Ord. 86 39 0 §2, 1 986. Formorly §8.20.080]. "' - - - - - e-. A. No garbago, rubbish, or trash may be placod for colloction er celloctod, haulod or 39 0 §2, 1986. Formorly §8.20.090]. . - A. Tho borough will maintain an appropriate cito to b sanitary landfill for tho disposal of garbage, rubbish, and trash. 86 52 0 §5, 1086. Formerly §8.20.100J. 326 Section 3: The Kodiak Island Borough Code of Ordinances Title 8 Health and Safety, 327 Chapter 8.25 Solid Waste Collection and Disposal is hereby reenacted as 328 follows: 329 330 331 332 333 8.25.010 Purpose 334 8.25.020 Definitions 335 8.25.030 Construction 336 8.25.040 Solid waste accumulation and prevention of nuisance 337 8.25.050 Litter 338 8.25.060 Solid waste collection service 339 8.25.070 Solid waste storage and set -out 340 8.25.080 Solid waste discard 341 8.25.090 Billing and collection 342 8.25.100 Transportation 343 8.25.110 Disposal of solid waste 344 8.25.120 Disposal of hazardous and toxic wastes 345 8.25.130 Prohibition on burning of solid waste 346 8.25.140 Solid waste handling services 347 8.25.150 General conditions of service 348 8.25.160 Prohibition of scavenging Kodiak Island Borough Chapter 8.25 SOLID WASTE COLLECTION AND DISPOSAL Ordinance No. FY2010 -07 Page 7 of 19 349 8.25.170 Ownership 350 8.25.180 Baler facility and sanitary landfill 351 8.25.190 User fee schedule 352 8.25.200 Prohibited disposal 353 8.25.210 Applicability of federal, state, and local solid waste law 354 8.25.220 Administration, implementation, and enforcement 355 8.25.230 Enforcement officer 356 8.25.240 Violations, enforcement actions, and remedies 357 8.25.010 Purpose. As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to 358 regulate the management of municipal solid waste, including storage, collection, processing, 359 recovery, and disposal of solid waste, for the following reasors: 360 1. to protect the public safety, health, and welfare of the people of the borough; 361 2. to protect, preserve, and enhance the environment of the people of the borough; and 362 3. to provide fiscally responsible solid waste management. 363 364 8.25.020 Definitions. In this chapter, each of the following terms has the respective 365 corresponding meaning: 366 "Bear Cart" means a cart designed to be resistant to opening by bears. 367 368 "Bin" means a receptacle for storing solid waste that is picked up with front end loading 369 vehicles, such as those having a three to eight -yard capacity, sometimes referred to as a 370 "dumpster 371 372 "Bulky item(s)" means any large item of solid waste, as dete -mined from time to time by the 373 manager which can be safely lifted by two individuals using a dolly, generated at residential 374 premises and discarded at residential set -out sites, such as the following: 375 1. furniture, including metal desks and storage cabinets; 376 2. pianos and organs; 377 3. televisions; 378 4. large appliances, including washers, driers, refrigerators, freezers, dishwashers and 379 stoves; 380 5. toys, bikes, and dismantled swing sets; 381 6. lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup 382 tires per customer each calendar month, with rims removed; and 383 7. any item, other than :umber, that can be cut or broken down meeting the following 384 requirements: 385 a. not longer than four feet in length; and 386 b. weighing no more than 70 pounds. 387 388 "Bulky items" does not mean the following: 389 1. material generated at non - residential premises, including commercial business 390 operations; 391 2. bundled yard waste, branches; 392 3. sod, soil, and rock; 393 4. broken concrete and asphalt; 394 5. brick, block, and stone; 395 6. railroad ties or similar type of retaining wall timbers; 396 7. remodeling debris, including shingles; 397 8. carpeting; 398 9. sinks, concrete laundry tubs, and cast iron plumbing fixtures; 399 10. windows and doors; Kodiak Island Borough Ordinance No. FY2010 -07 Page 8 of 19 400 11. lumber; 401 12. animal waste, including all excrement from domestic animals and fowl, and all hay, 402 straw, or other materials that have been used for animals' or fowls' bedding; 403 13. liquids, including paint; 404 14. hazardous waste, including household hazardous waste; 405 15. fuel oil tanks; and 406 16. any automotive parts, including vehicle batteries and tires. 407 408 "Cart" means a wheeled receptacle for storing solid waste that can be emptied by either 409 semi- or fully- automated vehicles. 410 411 "Collection contract" means the contract described between the contract hauler and the 412 borough for collection of solid waste and transportation to the borough landfill. 413 414 "Collection service area" means all premises accessible via roads maintained by the 415 State of Alaska, the Borough, the City of Kodiak, or the U.S. government, in and around 416 Kodiak City and within the boundaries of the Borough, except for the USCG facilities and 417 past milepost one of Anton Larsen Road. 418 419 `'Commercial" describes people, such as customers, places, such as premises, or things, 420 such as carts or types of solid waste, in the Borough that are not residential or multi - family. 421 422 "Compactor" means a receptacle containing a ram that pushes and compresses waste 423 into a container or bale. 424 425 "Contract hauler" means the contractor under the municipal solid waste collection 426 contract. 427 428 "Disposal" or "Dispose" means the act or action of discarding solid waste. 429 430 "Hazardous or toxic waste" means any material that meets the definition of 40 CFR 261 431 and AS 46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or 432 pathological wastes, radioactive materials, explosive or highly flammable materials, oil and 433 petroleum products, and burning or smoldering materials. 434 435 "Household hazardous waste" means hazardous waste generated on residential 436 premises. 437 438 "Borough landfill" means the landfill owned by the borough. 439 440 "Manager" means the borough manager or designee. 441 442 "Multi- family" describes people, such as customers, places, such as premises, or things, 443 such as carts or types of solid waste, in the borough that are not residential premises. 444 445 "Multi- family premises" means premises that are not residential premises, and therefore 446 contains four or more dwelling units, including apartment complexes and trailer courts. 447 448 "Premises" means property having any habitable building, whether residential, multi - 449 family, or commercial. 450 Kodiak Island Borough Ordinance No. FY2010 -07 Page 9 of 19 451 "Recyclables" means materials which can be reprocessed, reconditioned, or adapted to 452 use again or for a new use or function. 453 454 "Residential premises" means a premises meeting both of the following conditions: 455 1. it contains one, two, or three dwelling unit(s), and 456 2. each dwelling unit is occupied by related individuals, or by five or fewer unrelated 457 individuals. 458 459 "Roll -off" means an open- topped rectangular receptacle for storage, collection, and 460 transport of solid waste that is rolled on and off flatbed collection vehicles via winches or 461 reeving cylinders (hooks). 462 463 "Scavenging" means the controlled removal of waste materials for recycling or reuse. 464 465 "Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, 466 published in Test Methods for Evaluating Solid Waste, Physical /Chemical Methods, SW- 467 846, adopted by reference in 18 AAC 60.365, and has been removed from a wastewater 468 treatment system, sewer, septic tank, or other wastewater handling equipment; "sewage 469 solids" includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater 470 treatment sludge. 471 472 "Solid waste" means "municipal solid waste" as defined in AS 46.03.900. 473 474 "Solid waste collection" means the act of removing solid waste from the central storage 475 point of a primary generating source, such as a residence or business, to a place of solid 476 waste disposal. 477 478 "Solid waste disposal" means the orderly process of finally disposing of solid waste. 479 480 "Solid waste generator" means anyone who creates solid waste during everyday living 481 and working. 482 483 "Solid waste storage" means the interim containment of solid waste, in an approved 484 manner, after generation and prior to collection and disposal. 485 486 8.25.030 Construction. 487 A. Citations. References to "section" or "article" refer to sections or articles in this chapter, 488 unless other citation is provided. References to "subsection" refer to subsections within that 489 section. 490 B. Designees. Reference to any individual borough staff person by title, such as the 491 manager, includes reference to the designee. 492 493 8.25.040 Solid waste accumulation and prevention of nuisance. 494 A. Solid waste generators may not accumulate /store solid waste on their premises longer 495 than the period between their regularly scheduled collections or two weeks, whichever is 496 greater. 497 B. A solid waste generator must keep solid waste stored on that generator's premises as 498 follows: 499 1. in a clean and sanitary manner that does not create a public nuisance or health 500 hazard, in the judgment of the manager, and Kodiak Island Borough Ordinance No. FY2010 -07 Page 10 of 19 501 2. in accordance with all other applicable federal, state and municipal statutes, 502 ordinances, rules, and regulations. 503 The borough may clean up solid waste that is not kept as required and charge the owner of 504 the premises the cost, in addition to prosecuting the owner for violation of this chapter. 505 C. While storing or handling human food, animal food, or solid waste, no one may violate 5 506 AAC 92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a 507 manner that attracts game, deleterious exotic wildlife, dogs, or cats. 508 509 8.25.050 Litter. In addition to the prohibitions in KIBC 8.20, no one may place solid waste in 510 another person's bin, cart, or roll -off without that person's consent. 511 512 8.25.060 Solid waste collection service. 513 A. Regular service. Every owner of premises in the collection service area must subscribe 514 to and pay for solid waste collection service for its premises by the contract hauler at least 515 weekly, in carts, including bear carts, bins, or roll -offs, as administered by the manager, 516 even if that owner self -hauls all or a portion of its solid waste for disposal at the borough 517 landfill or recycling at a processing facility. 518 B. Temporary service in bins /dumpsters. Anyone who has a temporary need or 519 conducts construction or demolition on its premises may subscribe to and pay for solid 520 waste collection service from the contract hauler for bin or dumpster service. 521 8.25.070 Solid waste storage and set - out. 522 A. Storage. Each solid waste generator is responsible for the placement of that person's 523 bin or cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the 524 bin or cart must be kept closed to keep out rain, snow, and animals. Surplus liquids must be 525 drained from solid waste and placed in watertight bags before discarding it in containers. 526 B. Set - out. 527 1. Site. Anyone who receives solid waste collection service in cart or bin service must 528 place their container in the following locations, or as instructed by the contract hauler: 529 a. roadside; 530 b. in an adjacent alley; or 531 c. within three feet of the roadway on which the contract hauler can drive its 532 collection vehicles. 533 For example, if the serviced premises are adjacent to more than one street, alley, or 534 roadway, the contract hauler may instruct the customer to set -out containers on only one 535 specified street, alley, or roadway. 536 2. Required actions. Anyone who receives solid waste collection service, whether in a 537 cart, bin, or roll -off must do the following: 538 a. discard only securely bagged or bundled solid waste inside the cart, bin, or roll - 539 off provided by the contract hauler for that customer's use; and 540 b. clean up any solid waste discarded, scattered, littered, or otherwise strewn 541 outside the cart, bin, or roll -off. 542 The contract hauler is not required to clean up solid waste discarded, scattered, littered, or 543 otherwise strewn outside the cart, bin, or roll -off, except for solid waste that the contract 544 hauler spills during collection and transportation. 545 3. Prohibited Conduct. Anyone who receives solid waste collection service, whether in a 546 cart, bin or roll -off, must not do any of the following: 547 a. discard dead animals in the cart, bin, or roll -off; or 548 b. discard any solid waste outside the cart, bin, or roll -off, including the following: 549 i. litter; 550 ii. bulky items, such as appliances, bed springs, mattresses, furniture; Kodiak Island Borough Ordinance No. FY2010 -07 Page 11 of 19 551 iii. non -bulky items listed in the definition of "bulky items" (such as 552 construction /demolition waste, unless as allowed during temporary 553 service as in KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste; 554 and 555 iv. hazardous or toxic waste. 556 No one may discard any material in a roll -off except for the roll -off provided by the contract 557 hauler for that person's solid waste collection service. 558 C. Clearance and access. A cart customer must maintain a minimum of three feet of 559 clearance between each cart and any mailbox, vehicle, snow berm, or other object that 560 would obstruct collection, including the arm on an automated collection truck. A cart 561 customer must maintain clear access to the cart set -out site so that the collection vehicles 562 can lift and empty carts, including clearing away snow and other obstructions, such as 563 parked vehicles. 564 D. Bin sharing. Two or more bin customers must share bins, and the allocable service 565 charges for solid waste collection, if directed by the contract hauler when there is limited 566 space for set -out or collection of bins. 567 E. Safety. Each customer must maintain its set -out site so that it is safely accessible to 568 contract hauler's vehicles and employees. If the contract hauler determines that the set -out 569 site is not safe, it is not obligated to provide collection service there. Contractor will 570 coordinate safe set -out location with customer for each occurrence. 571 572 8.25.080 Solid waste discard. 573 A. The contract hauler is not obligated to provide collection service in any of the events 574 listed in this section or in the collection contract. 575 1. Solid waste only. No one may discard any material in a container for collection by 576 the contract hauler except solid waste. The contract hauler may inspect the contents 577 of any container. The contract hauler must not collect any container that stores 578 materials other than solid waste. In that event, the customer must pay the contract 579 hauler $50, or other amount established by the manager. 580 2. Containerized. No one may discard any solid waste for collection by the contract 581 hauler outside their container except for bulky items discarded at the time when, and 582 place where, the contract hauler is obligated to collect bulky items. He must tightly 583 close container lids. They may not place solid waste on top of a container or allow 584 solid waste to protrude from the container. The contract hauler may refuse to collect 585 any overfilled container. 586 3. Within weight limits. No one may discard solid waste in containers in excess of the 587 weight limit that the contract hauler prescribes on the container. The contract hauler 588 may refuse to collect any overweight container. 589 4. At Proper Set - out Site: No one may discard solid waste for pickup by the contract 590 hauler anywhere except at the set -out site designated by the contract hauler. The 591 contract hauler may refuse to collect any misplaced container or bulky waste. 592 5. Contaminated recyclables. If the contract hauler provides recyclables collection 593 service, no one may discard any material in a recyclables container for collection by 594 the contract hauler except recyclables. The contract hauler may inspect the contents 595 of any recyclables container. The contract hauler must collect that container and 596 discard its contents as refuse. In that event, the customer must pay the contract 597 hauler $50, or other amount established by the manager. 598 B. No refills. No one may discard a second load of solid waste in a cart or bin immediately 599 after the contract hauler lifts and dumps the container. 600 601 Kodiak Island Borough Ordinance No. FY2010 -07 Page 12 of 19 602 8.25.090 Billing and collection. 603 A. Payment. Every owner of premises in the collection service area must pay the contract 604 hauler for solid waste collection service at the following times 605 1. monthly by the 25 day of each month, in advance, or other time provided in the 606 collection contract; or 607 2. as determined by the manager. 608 B. Late Fees. If the contract hauler is not timely paid, the contract hauler may charge the 609 following late payment fees: 610 1. established under the collection contract; or 611 2. one percent per month on the outstanding balance with a minimum of $1.00 for each 612 month. 613 C. Deposits. If following request by the contract hauler, the borough reasonably 614 determines that an owner of premises who is commencing new service has not established 615 sufficient credit in the community to assure timely payment of solid waste collection service 616 charges, the contract hauler may require a deposit in an amount equal to two months 617 billings for the collection service requested, or other amount determined by the manager. 618 The contract hauler may retain the deposit for up to one year, after which the owner may 619 request the contract hauler to return the deposit if the owner has established a record of 620 timely payment. Neither the borough nor the contract hauler is obligated to escrow or pay 621 interest on the deposit. 622 D. Liens. Charges for solid waste collection and disposal service constitute a lien 623 chargeable against the property being serviced, as if the charge had been levied or 624 assessed as a property tax. if a customer does not pay solid waste service charges, upon 625 request of the contract hauler or by the determination by the borough, the borough may 626 foreclose the solid waste collection service lien in the same manner as a property tax lien or 627 as any other lien or mortgage against property. 628 629 8.25.100 Transportation. Everyone who transports cargo such as ashes, leaves, or other 630 materials that might blow, fall, spill, drop, leak, sift, or otherwise escape from the transport 631 vehicle during passage over a public alley, street, or road must contain the cargo by either 632 of the following means: 633 A. tight enclosure or container that is an integral part of the vehicle; or 634 B. a separate cover that is fastened onto the vehicle and secures the top and all sides 635 of the cargo. 636 637 8.25.110 Disposal of solid waste. No one may dispose of solid waste generated in the 638 collection service area or JSCG except at state - permitted solid waste processing and 639 disposal facilities in the borough, including any recyclables processing center operating in 640 compliance with law and the borough landfill, unless exempted in writing by the manager. 641 642 8.25.120 Disposal of hazardous and toxic wastes; used motor oil; electronic waste. 643 A. Non - Borough materials banned. No one may dispose of hazardous or toxic waste, or 644 used motor oil, which is generated from outside the borough, in the borough. 645 B. Residential used motor oil: Everyone must dispose of any used motor oil generated on 646 residential premises, at any facility operating in compliance with law, including the borough 647 landfill. The borough landfill will charge the following fees or other fees determined by the 648 manager: 649 1. up to five gallons per month without charge; or 650 2. in excess of five gallons per month, but less than ten gallons per month in containers 651 not exceeding five gallons in size, for the charge in the Borough User Fee Schedule. Kodiak Island Borough Ordinance No. FY2010 -07 Page 13 of 19 652 C. Household hazardous waste: Everyone must dispose of household hazardous waste 653 at the borough landfill, or other borough facility or sponsored collection event, and pay the 654 borough the following fees or other fees as determined by the manager: 655 1, up to 40 pounds per month without charge; or 656 2. more than 40 pounds per month for the charge in the borough user fee schedule. 657 Everyone must dispose of electronic waste, computer monitors, Cathode Ray Tubes, circuit 658 board containing components, cables, and cable boxes, generated on premises that are not 659 residential, such as businesses or schools, at a facility designated by the manager, or 660 absent designation, at a facility operating in compliance with law and pay the charges 661 established at the facility. 662 663 8.25.130 Prohibition on burning of solid waste. In addition to complying with KIBC 8.35, 664 no one may burn any materials that cause odor or black smoke that has an adverse effect 665 on nearby persons or property, as determined by the manager, including the following: 666 1. animal carcasses; 667 2. petroleum based materials such as plastic bags, or other materials contaminated 668 with petroleum or petroleum derivatives; and 669 3. any other solid waste. 670 671 8.25.140 Solid waste handling services. No one may directly or indirectly provide, 672 organize, manage, direct, or sponsor solid waste handling services to someone else for 673 compensation in cash, kind or credit, except the following: 674 1. the contract hauler; and 675 2. someone transporting solid waste as an incident of its primary business, such as a 676 contractor transporting construction and demolition debris, in its own vehicles. 677 678 8.25.150 General conditions of service. 679 A. Collection hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from 680 time to time by the manager. 681 B. Vehicles. Contract hauler will keep each vehicle that t uses to provide solid waste 682 collection service clean, flushed and washed daily, well painted, and in good repair, in 683 reasonable judgment of the manager. 684 C. Carts and Bins. The contract hauler will provide everyone that receives cart or bin 685 services with use of a cart, carts, bin or bins for storage of solid waste. Carts and bins will 686 remain the property of the contract hauler, unless otherwise provided in the collection 687 contract. 688 D. Customer Rights notice. The contract hauler must provide each customer with a 689 written "Customer's Rights" notice, in format and content satisfactory to the manager, 690 including the following: 691 1. type and capacity of subscribed containers; 692 2. the day, or days, of service; 693 3. the location of the container set -out site; 694 4. a description of "solid waste" that may be discarded, and a list including examples 695 of materials that may not be discarded, such as household hazardous waste, with 696 alternatives for safe and legal discard; 697 5. schedule of monthly service charges; 698 6. a description of optional services, such as scheduled or on -call collection of bulky 699 waste, collection of containers from on the premises rather than at the public set -out 700 site, certain container exchanges, bin locks, etc., with applicable charges; and 701 7. any other matters required by the manager. 702 Kodiak Island Borough Ordinance No. FY2010 -07 Page 14 of 19 703 8.25.160 Prohibition of scavenging and tampering. 704 A. Solid waste removal without permission. No one may remove solid waste from 705 someone else's container without the written permission of the individual or entity that 706 pays for solid waste collection services with that container or owns that container, except 707 the following: 708 1. the contract hauler; 709 2. a law enforcement officer; 710 3. a borough employee; or 711 4. someone authorized and directed by the manager, such as someone conducting 712 solid waste audits. 713 B. Use of container without permission. No one may tam der with or use someone else's 714 container for any purpose without the written permission of the individual or entity that pays 715 for solid waste collection services with that container or owns that container. 716 717 8.25.170 Ownership. Solid waste, or any other discarded material, remains the property of 718 the generator until the occurrence of any of the following events: 719 A. Public trash cans. The generator legally discards the solid waste, for example, a 720 restaurant customer discards a beverage container into a refuse receptacle provided by the 721 restaurant where the customer purchased the beverage; or an automobile passenger 722 discards litter in a refuse receptacle located at a gas station for use of customers. 723 B. Self haul. The owner, occupant, manager or other person in possession, charge or 724 control of a premise where solid waste is generated removes solid waste located on the 725 premise and legally discards the solid waste, for example, a resident self -hauls yard debris 726 to the borough baler and landfill. 727 C. Contract hauler collection. The contract hauler collects solid waste from its customer 728 and recycles or disposes of it in accordance with law. 729 Absent the occurrence of these events, solid waste, or other material, remains the property 730 of the generator even if the generator abandons the solid waste, exercises no dominion or 731 control over the solid waste or asserts no ownership of the solid waste. If the generator 732 abandons that solid waste, for example by litter or illegal dumping, the manager may clean 733 up and discard the solid waste and charge the generator the related solid waste handling 734 costs. 735 736 8.25.180 Baler facility and sanitary landfill. 737 A. The Borough will provide for the disposal of solid waste generated in the collection 738 service area, at the borough's baler facility and sanitary landfill or at another facility or in 739 another manner approved by the assembly, such as a materials processing or composting 740 facility. 741 B. At the borough baler facility and sanitary landfill, no one may do any of the following: 742 1. enter outside of posted opening hours, unless otherwise authorized by the borough; or 743 2. deliver any materials prohibited under section 8.25.200; or 744 3. discard any material without first paying applicable user fees under section 8.25.190; 745 or 746 4. dispose of any material in an area other than a designated area. 747 748 8.25.190 User Fee Schedule. 749 A. Enterprise funding. By resolution, the assembly will set fees for solid waste 750 management services provided at the borough owned or operated facilities, including 751 disposal of solid waste and household hazardous waste at borough's baler facility and the 752 sanitary landfill, sufficient to cover the facilities' costs of operation, maintenance, and capital Kodiak Island Borough Ordinance No. FY2010 -07 Page 15 of 19 753 improvements without subsidy from any other source, as an enterprise and nonsubsidized 754 freestanding operation. 755 B. Cash or commercial charge accounts. No one may deliver any material to a facility 756 owned or operated by the borough without paying applicable fees established by resolution 757 of the assembly in cash upon delivery, except the following users: 758 1. the contract hauler and other commercial users determined by the manager, such as 759 contractors that regularly delivery construction and demolition debris to the borough 760 landfill, which may establish charge accounts under subsection D. 761 C. Schedule. The assembly will establish a user fee schedule, which may provide fees for 762 different categories of service, including the following: 763 1. per unit of weight, such as ton, of solid waste; 764 2. per unit of time, such as a half -hour, for materials that require special handling by 765 facility personnel upon delivery, in addition to the applicable fees per ton; 766 3. for types and amounts of hazardous and toxic waste; or 767 4. for any other materials. 768 D. Charge accounts. The manager may extend credit for user fees as follows: 769 1. an applicant may obtain a credit application from the director of finance or his 770 designee; 771 all credit applications are subject to approval by the director of finance in his discretion and 772 this may include a deposit. The borough may retain the deposit for up to one year, after 773 which the owner may request the return of the deposit if borough determines that the 774 applicant has established a record of timely payment. The borough is not obligated to 775 escrow or pay interest on the deposit; 776 2. the charge account holder must pay bills within 30 days after the borough mails the 777 monthly bill; and 778 3. the director of finance may revoke credit and charging privileges without notice to the 779 charge account holder at any time an account becomes delinquent. 780 781 8.25.200 Prohibited disposal 782 A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill, any 783 of the following materials: 784 1. material prohibited under the borough's solid waste disposal permit issued by the 785 Alaska State Department of Environmental Conservation; 786 2. polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 or 18 AAC 78; 787 3. sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as 788 determined by the manager, have been submitted to the borough; and 789 B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets 790 the following requirements: 791 1. it is mixed with nonexempt waste; 792 2. there is a public health, safety, or welfare threat or environmental problem 793 associated with management of the exempt waste as determined by the manager; or 794 3. the exempt waste is being managed in a manner that causes or contributes to a 795 nuisance. 796 "Exempt wastes" means the following: 797 1. land clearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other 798 similar waste; 799 2. tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a 800 timber harvest area; 801 3. bricks, mortar, and Portland cement type concrete, including reinforcing steel that 802 cannot be easily removed; 803 4. crumb rubber used in asphalt paving; Kodiak Island Borough Ordinance No. FY2010 -07 Page 16 of 19 804 5. crushed glass; 805 6. crushed asphalt pavement used: 806 i. in a building pad or parking area as road base, or pavement; or 807 ii. as a material to construct a containment berm for a tank farm. 808 809 8.25.210 Applicability of federal, state, and local solid waste law. Solid waste law and 810 the rules, regulations, provisions, and conditions promulgated under that law (as they may 811 be amended, repealed, or replaced) applies in the borough and failure to comply with solid 812 waste law is a violation of this chapter. The borough may, but is not obligated, to take 813 enforcement actions or seek remedies for violation of solid waste law. 814 Examples of solid waste law follow: 815 A. with respect to environmental protection: 816 1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 817 (42 U.S. C. §9601 et seq.)( "CERCLA "); 818 2. Resource Conservation and Recovery Act (42 D.S.C. §6901 et seq.) ( "RCRA "); 819 3. Clean Air Act, (42 U.S.C. §1351 et seq., 42 U.S.C. §7401- 7642); and California 820 Clean Air Act (Health & Safety Code Sections 1251 et seq. and Health and Safety 821 Code §39000 et seq.); 822 4. Emergency Planning and Community Right to Know Act, (42 U.S.C. §11001 et seq.); 823 5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60); 824 6. Litter Receptacles. (18 AAC 64.005 — 18 AAC 64.250); 825 7. Hazardous Waste. (18 AAC 62.010 — 18 AAC 62.990); 826 8. Pesticide Control. (18 AAC 90.010 — 18 AAC 90.990); and 827 9. Oil and Other Hazardous Substances Pollution Control. (18 AAC 75.005 — 18 AAC 828 75.990). 829 B. with respect to solid waste handling labor: 830 1. Occupational Safety and Health Act, (29 U.S.C. §651 et seq.), including the Solid 831 Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 832 (40 C.F.R., Parts 257 and 258); 833 2. Immigration Reform and Control Act of 1986 (PL.99 -603); 834 C. Miscellaneous: 835 1. Civil Rights Act of 1964 (Sub chapter VI or Chapter 21 of Title 42); 836 837 8.25.220 Administration, implementation, and enforcement. The manager is authorized 838 to administer, implement, and enforce this chapter and promulgate related solid waste 839 policy, unless this chapter expressly names another person. The manager may request 840 assistance from other persons or request that other persons administer, implement and 841 enforce all or a portion of this chapter. Examples of other persons are: 842 1. the director of finance or the auditor - controller, for example, with respect to collection 843 of user fees; 844 2. City of Kodiak Police Department; 845 3. Borough attorney; 846 4. other borough departments; 847 5. District Attorney; 848 6. Alaska State Department of Environmental Conservation; 849 7. Alaska Department of Fish and Game; 850 8. Alaska State Troopers; and 851 9. an enforcement officer. 852 853 854 Kodiak Island Borough Ordinance No. FY2010 -07 Page 17 of 19 855 8.25.230 Enforcement officer. 856 A. Authority. The enforcement officer has the authority to issue citations, summons, and 857 complaint, or notices of violation to anyone who violates this chapter. 858 B. Citation. A citation filed in the district court charging a violation under this chapter is 859 deemed as a lawful complaint for purposes of prosecution under this chapter. 860 861 8.25.240 Violations, enforcement actions and remedies. 862 A. Violations. 863 1. Per failure. Each failure to comply with any provision of this chapter or any 864 regulation promulgated under this chapter constitutes a separate violation. For 865 example, scavenging is a separate violation for each container from which materials 866 are scavenged. 867 2. Per day. Each day a violation continues is a separate violation. For example, failure 868 to maintain a collection vehicle in accordance with Section 8.25.150B is a separate 869 violation for each day until the vehicle is repaired. 870 B. Enforcement Actions and Remedies. 871 1. Actual Violations. If the manager believes that someone has violated any provision 872 of this chapter, whether that person is acting or failing to act in the capacity of a 873 principal, agent, employee or otherwise, then the manager may institute any 874 enforcement action and exercise any legal or equitable remedy available to the 875 borough under law, such as the following: 876 i. civil actions seeking a penalty of up to $250 per violation; 877 ii. civil actions seeking injunctive relief; 878 iii. civil suits seeking damages or civil penalties, including the costs of any corrective 879 action that the manager deems necessary to mitigate consequences of violations, 880 whether acts or omissions; or 881 iv. proceedings to declare a property a public nuisance and abate the nuisance as 882 authorized by AS 46.03.870(c). 883 2. Immanent violations. If the manager believes that a person will immanently violate 884 any provision of this Chapter, whether that person is acting or failing to act in the 885 capacity of a principal, agent, employee, or otherwise, then the manager may 886 exercise any equitable remedy available to the borough under law, such as a 887 temporary restraining order or injunction. 888 3. Enforcement actions and remedies are cumulative, not exclusive. Enforcement 889 actions and remedies are cumulative, not mutually exclusive. The manager may 890 institute any single enforcement action or exercise any single remedy or a 891 combination of multiple enforcement actions and remedies, separately or 892 simultaneously. The manager need not conclude any particular enforcement action 893 or exhaust any particular remedy before instituting other enforcement action or 894 exercising any other remedy. 895 4. Penalties and remedies are not limited. The penalties and remedies provided for 896 violation of this chapter are in addition to and not in lieu of any other penalty or 897 remedy provided for in state law or otherwise. 898 899 Section 3: Effective Date. This ordinance shall become effective on July 1, 2010. 900 901 902 903 Kodiak Island Borough Ordinance No. FY2010 -07 Page 18 of 19 904 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 905 THIS FIFTEENTH DAY OF APRIL 2010 906 907 KODIAK ISLAND BOROUGH 908 909 910 911 Jerome M. Selby, Borough Mayor 912 ATTEST: 913 914 915 916 Nova M. Javier, Iv1MC, Borough Clerk 917 918 Kodiak Island Borough Ordinance No. FY2010 -07 Page 19 of 19