FY2025-03 POSTPONED INDEFINITELY - Solid Waste Collection And Disposal To Clarify Language And Requirements1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2025-03
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND
DISPOSAL TO CLARIFY LANGUAGE AND REQUIREMENTS FOR SOLID WASTE SERVICES
WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough C d should
be updated to clarify the language and requirements of the public for solid waste services, d
WHEREAS, the Kodiak Island Borough Assembly established the So,�aste Contract
Committee (SWCC) to evaluate, develop, and clarify inconsistencies ancJ,biguities present in
the current solid waste contract; and ,` -
WHEREAS, the SWCC, during their evaluation and research, discovered that the discrepancies
and vagueness in the contract were also present in KIBC 8.2 Ny
WHEREAS, the SWCC, at their meeting on June 4, 2024ay-
ed the final draft of the second
amendment and moved for it to be presented to the - d
WHEREAS, the Borough Manager and the S Xiscussed the next step for clarification for
the public would be to update and clarify the Ian in KIBC 8.25.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is o eral and permanent nature and shall become a part of the
Kodiak Island Code of Ordinances.
Section 2: That Section 1.20.050, Fine Schedule, of the Kodiak Island Borough Code of
Ord' ances is amended to modify the references for violation of KIBC 8.25.070(B) to
re s follows:
KIBC 8.25.070(B)(32)(bc)ISolid Waste Storaae and Set Out (2nd offense
KIBC 18.25.070(Solid Waste Storage and Set Out (4th and
�subseauent offenses)
1.000
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35 Section 3: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough
36 Code of Ordinances is amended to read as follows:
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Chapter 8.25
SOLID WASTE COLLECTION AND DISPOSAL
Sections:
8.25.010 Purpose.
8.25.020 Definitions.
8.25.030 GenstFuGtm Interpretations.
8.25.040 Solid _Wwaste Aaccumulation and Pprevention of Nnuisance.
8.25.050 Litter.
8.25.060 Solid _Wwaste Cc-ollection Sservice.
8.25.070 Solid _Wwaste Sstorage and Sset-Oeut Sites.
8.25.080 Solmd waste discard. Contract Hauler Refusal of Service.
8.25.090 Billing and ^^Ilerati ^. For Contract Hauler Services.
8.25.100 Transportation of Solid Waste.
8.25.110 Proper Disposal of Ssolid _Wwaste.
8.25A20 Disposal of Hhazardous and Ttoxic Wwast a Mmotor Oeil or —
Electronic Wwaste.
8.25.130 Prohibition on Bburning of Ssolid Wwas
8.25.140 Solid _Wwaste Contract Hauler Only,
8.25.150 General Cconditions of Sservice.
8.25.160 Prohibition of Sscavenging and _ m i g.
8.25.170 Ownership.
8.25.180 Baler Ffacility and Ssanit _ ' I.
8.25.190 User Ffee Sschedule.
8.25.200 Prohibited Ddisposal.
815110 Applicability of Ffederal,�tate, and Llocal Ssolid Wwaste Llaw.
8.25.220 Administration, Implementation, and Eenforcement.
8.25.230 Repealed. `\ X/
8.25.240 Violations'bnforcement Aactions and Rremedies.
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8.25.010 Purpose.
As authorized by AS'29.35. 10(a)(4), the purpose of this chapter is to regulate the management
of municipal solid waste, including storage, collection, processing, recovery, and disposal of solid
waste, for the following reasons:
A. To protect the public safety, health, and welfare of the people of the borough;
B. To protect, preserve, and enhance the environment of the people of the borough; and
C. To provide fiscally responsible solid waste management.
8.25.020 Definitions.
In this chapter, each of the following terms has the respective corresponding meaning:
"Account Holder" means the owner of a premises, or the person or entity identified by the
owner as being the responsible party for the unit(s) payment for the required solid waste
collection services available to a residential or commercial customer. When the account
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holder is a person or entity other than the owner, they may be referred to as the "authorized
account holder".
"Bear cart" means a cart designed to be resistant to opening by bears.
�s . . rr.■nsrsr_��:�s�r.�:rearr_r.■neenE�:srr,es�,:r.■rtirrr.�:rr_,:r� _
"Borough landfill" means the landfill owned by the borough.
,A -
"Bulky item(s)" means any large item of solid waste that will not fit through a d Pster or roll
off container door or opening that is generated at a unit and discarded Athv6orough
landfill. For ourooses of on -call or specially scheduled bulkv item DickUD &MlAv item shall
residential premises or at a set out site. ;
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"C&D (construction and demolition) debris" means any solid waste .diGGar.-ed in dumpstarc „r r„u_
eff nentainoro that the GGntrart haul generated at a construction site either residential or
commercial must be collected under the on -call temporary dumpster and roll -off c lection
service section of the approved collection contract. Examples of such items are the in
SUGh as the fellewing:
1. Bundled yard waste, branches;
2. Sod, soil and rock;
3. Broken concrete and asphalt;
4. Brick, block, and stone;
5. Railroad ties or similar type of retaining wall timbe
6. Remodeling debris;
7. Carpeting;
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures;
9. Windows and doors; and rr
10. Lumber.
"Cart" or "Roll -Cart" means a wheeled receptacle for storing solid waste that can be emptied by
either semi- or fully -automated vehicles. X N
"Collection contract" means the contract described between the contract hauler and the borough
for collection of solid waste and transpo ation to the borough landfill.
"Collection service area" means all mises and all units on or within a premises accessible
via roads maintained by the state of Alaska, the borough, the city of Kodiak, or the U.S.
government, in and around Kodiak City and within the boundaries of the borough, except for the
USCG facilities and past milepost one of Anton Larsen Road.
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with more than hree residential units remises with more than three units of any type,
and premises hich requires a dumpster for solid waste services for any reason. Premises
serviced by four roll carts due to lack of space for a dumpster shall be considered
commercial. Commercial premises or unit which qualify under the solid waste collection
contrdct for service less than four roll carts shall be treated as residential container for
urposes of this chapter.
"Commercial Customer" means the owner or authorized account holder of a premises or
unit receiving commercial solid waste collection services.
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"Compactor" means a receptacle containing a ram that pushes and compresses waste into a
container or bale.
"Container" means anv tvae of storaae receatacle for solid waste: cart. roll -cart. dumoster
or roll -off.
"Contract hauler" means the contractor under the municipal solid waste collectiioo. ontract.
"Customer" or "Customer Account" means the person or enjL whose {nAn d billing
information is associated with the solid waste service beina provided a unit. either
residential or commercial. 4
"Customer Count" is used to calculate the annual fee ad'ust 6lid waste collection
rates for the following contract year. The equation is o number of residential
customer accounts plus the number of commercial co •viers service.
• ror a commercial unit serviceck o
container will be count
number.
• For commercial unit ice Y two
the customer co98Ncalulated by 1
service. �Y
the residential customer accounts
'd front load dumpsters or larger,
number of containers that are in
"Dead animal" means the Iftss from an animal, large or small, except part of an animal used
for food or other beneficial purpose in accordance with federal, state, or local laws and regulations.
Does not include fish or other primarily aquatic animal.
"Disposal" or'f Vse" eans the act or action of discarding solid waste.
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loadina vehicles, such as those havina a two-to-eiaht-vard caaacity.
"Iaza�dou or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS
46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological
wastes, radioactive materials, explosive or highly flammable materials, oil and petroleum
products, and burning or smoldering materials.
"Household hazardous waste" means hazardous waste generated atGA residential premises or
unit.
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"Manager" means the borough manager or designee.
"Owner" means each person or entity identified as holding the title of ownet4hip for a
premises or unit. The owner is the responsible party for the unit(s) signing up for a solid
"Premises" means
with a buildin
"Recyclables" means materials which can be reprocessed, !1< fiNg6d,
or adapted to use again
or for a new use or function.
"Residential Account" means a premises or u tha Wesi ned to be a dwelling and that
is not included in a commercial account servIlbed%vidurnDster. Residential accounts are
"Residential Customer" means the owner ftuthorized account holder of a premises or
unit receiving residential solid w_ service.
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"Roll off" mreahs an open -topped rectangular receptacle for storage, collection, and transport of
solid waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders
(hooks).
"Scavenging" means the controlled removal of waste materials for recycling or reuse.
"Self -Haul" means a residential customer who hauls their own solid waste to a public roll.
off dumpster site location and/or the borough landfill. Commercial self -haul is a
commercial customer that hauls their own solid waste to the borough landfill.
"Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published
in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by
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reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer,
septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge,
sewer cleanout waste, barscreen grit, and wastewater treatment sludge.
"Sharing of a Dumpster" means a dumpster on a premises that has multiple units, and the
dumpster is shared between the owners and/or account holders of the units. Owners
and/or account holders that elect to share a dumpster need to do so with a written
"Sole Purpose Dum ster" means a dumpster that is rented from the contLakt hauleryby a
customer in which only one type or category of solid waste is allowed toJ#e'deXsAed. See
section 8.25.060.B. 71
"Solid waste" means "municipal solid waste" as defined in AS 46.03.94�
"Solid waste collection" means the act of removing solid waste from the central storage point of a
primary generating source, such as a residence or business, to a place of solid waste disposal.
"Solid waste disposal" means the orderly process of fin lly c i'sposing of solid waste.
"Solid waste generator" means anyone who creates solid waste during everyday living and
working.
"Solid waste storage" means the interim containment of solid waste, in an approved manner, after
generation and prior to collection and disposal. f,'
"Uninhabitable" means a uni k t t suitable for living or working in. The account
holder may apply for this c za n but must prove they do not have any other utilit
services: electricitv. wat heat.
"Unit" means a whol uil or any portion of a building which is designed for separate
occupancy for c r residential purposes, which generates solid waste. Units in
a single stru ure ith separate entrances and separated by a common wall are
considere se arate units regardless of whether theV have separate addresses for utilit
services.
"Unit Cyr means the person or entity occupying, or who has the right to occupy, a
8.25.030 ConstruGto Interpretation.
A. Citations. References to "section" or "article" refer to sections or articles in this chapter, unless
other citation is provided. References to "subsection" refer to subsections within that section.
B. Designees. Reference to any individual borough staff person by title, such as the manager,
includes reference to the designee.
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8.25.040 Solid Wwaste A_accumulation and Pprevention of Nnuisance.
A. Solid waste generators may not accumulate/store solid waste at en their premises or unit
longer than the period between their regularly scheduled collections or two weeks, whichever is
greater.
B. A solid waste generator must keep solid waste stored at on that generator's premises or unit
as follows:
1. In a clean and sanitary manner that does not create a public nuisance or health hazard,
in the judgment of the manager; and
2. In accordance with all other applicable federal, state and municipal statutes, ordinNpes,
rules, and regulations.
The borough may clean up solid waste that is not kept as required and charge the c nt holder
owner of the premises the cost, in addition to prosecuting the owner for violation of this chapter.
C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC
92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that
attracts game, deleterious exotic wildlife, dogs, or cats. ,
8.25.050 Litter.
In addition to the prohibitions in Chapter 8.20 KIBC, n o leave solid waste outside a
container or place solid waste in another account s pcart or dumpster feR-
ef -without that account holder's persea's conse
8.25.060 Solid Wwaste Ccollection Sservice.
A. Regular Service. Every owner of a premises or unit in the collection service area must
subscribe to and pay fer solid waste collection service for its premises or unit by the contract
hauler at least weekly, in carts, including bear carts, dumpsters bins, or roll -offs, as administered
by the manager, even if that owner self -hauls all or a portion of its solid waste for disposal at the
borough landfill or recycling at a processing facility. An owner may authorize a person or entity
as the account holder res for payment for service for the premises or unit. Regular
service must be DaidlorXa�szordance with section 8.25.090 of this Chanter at the rates
notice le th'F `ovOner. resaonsibility for pavment for that service from and after the date of
notice mayNTert to the owner.
B. Temporary Service k)--�Dumpsters. Any customer who ARyene whe has a temporary
need or conducts construction or demolition at en its premises or unit may subscribe to and pay
for solid waste collection service from the contract hauler for container bin or dumpster service.
This service is also known as sole purpose dumpster use, where the container used is
intended for one type of solid waste. See "sole purpose dumpster" in definitions.
8.25.070 Solid Wwaste Sstorage and Sset-Oeut Sites.
A. Storage. Each unit occupant sell waste geReFate is responsible for the placement of that
unit's container PeFGGn'o Gar+ so that it will not easily be tipped, such as by an animal or the
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301 wind. Lids on der carts or dumpsters must be kept closed to keep out rain, snow, and animals.
302 Surplus liquids must be drained from solid waste and placed in watertight bags before discarding
303 them in containers.
304 B. Set -Out.
305 1. Site. Carts or dumpsters bias must be placed in the following locations by the contract
306 hauler or unit occupant. solid ,Moot^ ^r)IIeGtir)^ o^nii^^ r^^irime F#:
307 a. Roadside;
308 b. In an adjacent alley; or
309 c. Within five (5) thFee feet of the drivable roadway on which the contract hauler can
310 drive its collection vehicles.
311 For example, if the serviced premises or units are adjacent to more than ones reet, alley,
312 or roadway, the contract hauler may instruct the account holde ^USterne to set out
313 containers on only one specified street, alley, or roadway.
314 The contract hauler may require alternative placement based oAit pecific conditions.
315 2. Proper Handling of Solid Waste and Stora a Contai rs. Don„ir^,f AGtiOnc A ye►ne
316 W}e FeGeiVeG o^lird waste GE)IIe^4iGR serVi^^
317 a. All customers, whether with in a cart, dumpster or roll -off, must do the following:
318 L a— Discard only securely bagged or bundled solid waste inside the cart,
319 dumpster, biR-, or roll -off provided by co tra t hauler for that account holder's
320 ^�,�+�F'S use; and
321 ii. t—. Clean up any solid waste discarded, scattered, littered, or otherwise strewn
322 outside the container (no matter the size) sat, hi^ 9F rr,Il_r,ff caused by the
323 person discarding the waste or by improper use of the containarnorthiIn er r^II
324 of -which causes solid waste to be left outside the container. ^"'t, hin ^r r-11_r,ff
325 IFnPFG eF use of o nor4 hir, ^r r^II "ff in^Iurdes:
326 iii. The limitati ikNd ii do not apply to set out of bulky items for
327 pickup in acco Aiih the terms for bulky item pickup service under the
328 Solid Wast n contract as it may be approved by the Assembly from
329 time to me.
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330 b. Im ro an /or Prohibited Conduct:
331 The in conduct relatingto use of waste containers is improper and is
332 roh' ited:
333 i. Discarding any prohibited material in a container for collection by the contract
334 hauler except solid waste.
335 i. Discarding solid waste in containers in excess of the weight limit that the
336 contract hauler prescribes on the container.
337 iii. Leaving any container lid or door open.
338 I iv. Placing solid waste on top of or allowing solid waste to protrude from the
339 container.
340 v. Discarding dead animals in the container.
341 vi. Placing the solid waste container, intended for pick-up, anywhere except
342 the designated set -out site.
343 vii. Using another container that was not provided by the contract hauler for
344 that unit's solid waste collection service.
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viii. Discarding commercial waste in a residential roll -off.
ix. Discarding any solid waste outside the container, including the following
items;
a. Litter,
b. Bulky items,
c. C&D debris, or
d. Hazardous or toxic waste.
r Vininfinnc
It shall be a violation of this section for any person to
in a manner prohibited in subsection (13)(2)(b) of this section.
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C. Clearance and Access. An account holder serviced by a roll -cart Gart GuSternef must
maintain a minimum of five 5 twee feet of clearance between each roll -cart and any mailbox,
vehicle, snow berm, or other object that would obstruct collection, including the arm on an
automated collection truck. An account holder serviced by a roll -cart Gart ^US+ rner must
maintain clear access to the roll -cart set -out site so that the collection vehicles can lift and empty
roll -carts, including clearing away snow and other obstructions, such as parked vehicles.
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D. Dumpster Sin Sharing. A premises that has multiple units may elect to share a
dumpster if they have the following:
i. Account holders that elect to share must have a written aareement outlinina the
shared responsibility.
ii. Written consent. aareement. and confirmation from the contract hauler.
If the contract hauler directs multiple units to share a dum ster on the contract hauler's
initiative. the contract hauler must provide written notice as reauired by t olid Waste
E. Safety. Each account holder must maintain its set -out site so that it,llLsairely accessible to
contract hauler's vehicles and employees. If the contract hauler determines that the set -out site
is not safe, it is not obligated to provide collection service there. Contractor will coordinate safe
set -out location with the account holder ^u,st� for each occ
l;z:�
8.25.080 Solid waste dmsGard. Contract Hauler Refusal rvi
A. The contract hauler is not obligated to provide colle Q
seq�e in any of the events listed in
this section or in the collection contract. )
1. Solid Waste Only. No one may discard any material in a container for collection by the
contract hauler except solid waste. The contract hauler may inspect the contents of any
container. The contract hauler must not colt ct any container that stores materials other than
solid waste. In that event, the account h e must pay the contract hauler the fee
be approved by the Assemblv from time to time.
the manager
2. Containerized. No one may discard any solid waste for collection by the contract hauler
outside their container owner,} fer bulky items disnarded at the }ime when and plane where
the ren}raGt hailer is obligated }e nellen} bulky items. He The unit occupant must tightly
close container lids. They may not place solid waste on top of a container or allow solid waste
to protrude from the container. The contract hauler may refuse to collect any overfilled
container.
3. Within Weight Limits. No one may discard solid waste in containers in excess of the
weight limit that the contract hauler prescribes on the container. The contract hauler may
refuse to collect any overweight container.
4. At Proper Set -Out Site. No one may discard solid waste for pickup by the contract hauler
anywhere except at the set -out site designated by the contract hauler. The contract hauler
may refuse to collect any misplaced container or bulky waste.
5. Unsafe Condition. The contract hauler is unable to safely access the solid waste
container to be collected.
6. Past Due Balances. Dumpster customers with a past due balance on their account
of sixty (60) days or more. Roll -cart customers with a past due balance on their account
of ninety (90) days or more.
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7. Contaminated Recyclables. If the contract hauler provides recyclables collection service,
no one may discard any material in a recyclables container for collection by the contract
hauler except recyclables. The contract hauler may inspect the contents of any recyclables
container. If the Tie contract hauler finds a recyclables must nellent that container that
contains other materials other than recyclables they must document the misuse of the
recyclable container, notify the unit account holder by phone, email, and written letter
associated with the misuse outlined in the approved fee schedule in the SaWkWaste
Collection contract as it may be annroved by the Assemblv from time to tin% and
rlg GaFd itS eRteRts asief„se In that 8Veat
$50nn er ether ame, ,at established by the manager
B. No Refills. No one may discard a second load of solid waste in a m ster
immediately after the contract hauler lifts and dumps the container.
C. Non -Collection Fees. ��
1. In the event of a customer is in violation of a Contra
ctr�ice Exception at a
remises or unit the contract hauler is required to potity t e customer in writing of
the specific violation. _
Service Fee Schedule.
8.25.090 Billing and ^^IIeGti . for Contract Haul ftjrvices.
A. Payment. Every owner of a premises or in the collection service area must have an
open and good standing account eithe ki,n reir own name or through an authorized
account holder. Each account hol all pay the contract hauler for solid waste collection
service at the following times:
1. Monthly by the twenty-fifth day of each month, in advance, or other time provided in the
collection contract; or `\ X/
2. As determined by the manager.
B. Late Fees. If the contract hauler is not timely paid, the contract hauler may charge the
following late payment fees:
1. Established under the collection contract; or
2. One percent per month on the outstanding balance with a minimum of $1.00 for each
month�
C. Depos"t3�� ,, following request by the contract hauler, the borough reasonably determines that
an owrie r of Rrr a0ccount holder of a premises or unit who is commencing new service, or who
dlhing responsible for existing service, has not established sufficient credit in the
i s�e
community to assure timely payment of solid waste collection service charges, the contract hauler
may require a deposit in an amount equal to two months' billings for the collection service
requested, or other amount determined by the manager. The contract hauler may retain the
deposit for up to one year, after which the owner may request the contract hauler to return the
deposit if the owner has established a record of timely payment. Neither the borough nor the
contract hauler is obligated to escrow or pay interest on the deposit.
D. Responsibility. If the owner of a premises or unit has authorized a separate designated
account holder per the agreement between owner and account holder, the authorized
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account holder will be held responsible as the account holder for the account with the
contract hauler. If an authorized account holder who is not the owner terminates services,
is residential and ninety (90) days delinquent in payment on the account, or is commercial
and sixty (60) days delinquent in payment on the account, the contract hauler may,
following the procedures in the Solid Waste Collection contract as it may be approved by
the Assembly from time to time, terminate the account of the authorized account holder
and place the service in the name of the owner as the account holder. Any delinquent
amount accrued due to non-payment by an authorized account holderwho is not the owner
shall remain the responsibility of the authorized account holder.
8.25.100 Transportation of Solid Waste. >Nr>
Everyone who transports cargo such as ashes, leaves, or other materialAha i �t blow, fall,
spill, drop, leak, sift, or otherwise escape from the transport vehicle during pa'ssa a over a public
alley, street, or road must contain the cargo by either of the following means:
A. Tight enclosure or container that is an integral part of the vehicle; or
B. A separate cover that is fastened onto the vehicle and sectAess,the top and all sides of the
cargo..
8.25.110 Proper Disposal of Ssolid Wwaste.
No one may dispose of solid waste generated in the cdltr ct collection service area or USCG
except at state -permitted solid waste processing and disposal facilities in the borough, including
any recyclables processing center operating in compliance with law and the borough landfill,
unless exempted in writing by the manager. %�Y
8.25.120 Disposal of
A. Non -borough Materials Banned. No one may dispose of hazardous or toxic waste, or used
motor oil, which is generated from outside the borough; at the borough's landfill, a disposal
facility that has permuted requirements that must be followed. On the berGugh.
B. Residential Used Motor Oil. All residents must dispose of used motor oil at the borough
the
determined by the rnanager.
1. Up to five gallons per month without charge; or
2. In excess of five gallons per month, but less than 10 gallons per month in containers not
exceeding five gallons in size, for the charge in the borough user fee schedule.
C. Household Hazardous Waste. All residents must EveryGne dispose of household
hazardous waste at the borough landfill, or other designated borough facility operating in
compliance with the law to retain the household hazardous waste, or at a sponsored
collection event. The borough will charge fees in accordance with the Kodiak Island
Ordinance No. FY2025-03
Page 13 of 19
518 Borough Fee Schedule as it may be approved by the Assembly from time to time. -pay
519 the bereu gh the felle\enne foes er ether foes as determined by the manager:
520 1. Up to 40 pounds per month without charge; or
521 2. More than 40 pounds per month for the charge in the borough user fee schedule.
522 D. Electronic Waste. All residents €YeryeRemust dispose of electronic waste, computer
523 monitors, cathode ray tubes, circuit board containing components, cables, and cable boxes,
524 generated on premises that are not residential, such as businesses or schools, at a facility
525 designated by the manager, or, absent designation, at a facility operating in compliance with law
526 and pay the charges established at the facility.
527
528 8.25.130 Prohibition on Bburning of Ssolid Wwaste.
529 In addition to complying with Chapter 8.35 KIBC, no one may burn any mate is tha�cause odor
530 or black smoke that has an adverse effect on nearby persons or property, as determined by the
531 manager, including the following: 1
532 A. Animal carcasses;
533 B. Petroleum -based materials such as plastic bags, or r: @terials contaminated with
534 petroleum or petroleum derivatives; and
^.
535 C. Any other solid waste.
536ox
537 8.25.140 Solid Wwaste Contract Hauler Only.
538 No one may directly or indirectly provide, organize, manage, direct, or sponsor solid waste
539 handling services to someone else for compensation in cash, kind or credit, except the following:
540 A. The contract hauler; and X N
541 B. Someone transporting solid waste as an incident of its primary business, such as a contractor
542 transporting construction and demolition debris, in its own vehicles to the borough landfill.
543 7
544 8.25.150 General Cc-onditions o�_ enrice.
545 A. Collection Hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time to
546 time by the manager. >•
547 B. Vehicles. Contract hauler ill keep each vehicle that it uses to provide solid waste collection
548 service clean, flushed and washed daily, well painted, and in good repair, in reasonable judgment
549 of the manager.
550 C. Carts and Dumpsters Bias. The contract hauler will provide everyone that receives cart or
551 dumpster b n services with use of a cart(s) or dumpster(s), ^arts bin er bins for storage of solid
552 waste. Carts and dumpsters bias will remain the property of the contract hauler, unless otherwise
553 provided in the collection contract.
554 D. f-Haul. The contract hauler must provide residential roll -off services to be collected
555 at a fr guency that coincides with the number of residential self -haul customers to receive
556 a standard weekly service.
557 E. 9-.-Account Holder �'-��igmer Rights Notice. The contract hauler must provide each account
558 holder GUsterne with a written "account holder's G �st� rights" notice, in format and content
559 satisfactory to the manager, including the following:
560 1. Type and capacity of subscribed containers;
561 2. The days , er days, of service;
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3. The location of the container set -out site;
4. A description of "solid waste" that may be discarded, and a list including examples of
materials that may not be discarded, such as household hazardous waste, bulky items, and
electronics with alternatives for safe and legal discard;
5. Schedule of monthly service charges;
6. A description of optional services, such as scheduled or on -call collection of bulky waste,
collection of containers from atop the premises or unit rather than at the public set -out site,
certain container exchanges, dumpsterbin locks, etc., with applicable charges; and
7. Any other matters required by the manager.
8.25.160 Prohibition of Sscavenging and Ttampering.
A. Solid Waste Removal Wwithout Permission. No one may remove solitwa e 4bm another
customer's someen,e-e1e''scontainer. See "container" in definitjpns. ,w;+h^-_-t the star;
Gentainer or owns that nnntainer, eXGept the folio jinn•
1. The contract hauler;
2. A law enforcement officer;
3. A borough employee; or
4. Someone authorized and directed by the m ,
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waste audots.
B. Use of Container_Wwithout Permission. No one may tamper with or use another customer's
semeene else container for any purpose without the written permission of the individual or entity
that pays for solid waste collection services with that container or owns that container.
8.25.170 Ownership. ^�o
Solid waste, or any other discarded material, remains the property of the generator until the
occurrence of any of the following events:
A. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant
customer discards a beverage container into a refuse receptacle provided by the restaurant where
the customer purchased the beverage; or an automobile passenger discards litter in a refuse
receptacle located at a gas station for use of customers.
B. Self-Haul.jTh owner, account holder, or unit occupant, delivers and deposits the solid
waste a rhted their premises or unit into a residential roll -off container or at the
landfill.
C q
la
C. Contract Hauler Collection. The contract hauler collects solid waste and recyclables (if
applicable) from its account holder's ,per set out site and recycles or disposes of it in
accordance with law.
Absent the occurrence of these events, solid waste, or other material, remains the property of the
generator even if the generator abandons the solid waste, exercises no dominion or control over
the solid waste or asserts no ownership of the solid waste. If the generator abandons that solid
Ordinance No. FY2025-03
Page 15 of 19
605 waste, for example by litter or illegal dumping, the manager may clean up and discard the solid
606 waste and charge the generator the related solid waste handling costs.
607
608 8.25.180 Baler Ffacility and Ssanitary !=landfill.
609 A. The borough will provide for the disposal of solid waste generated in the collection service
610 area, at the borough baler facility and sanitary landfill or at another facility or in another manner
611 approved by the assembly, such as a materials processing or composting facility.
612 B. At the borough baler facility and sanitary landfill, no one may do any of the following:
613 1. Enter outside of posted opening hours, unless otherwise authorized by the borough; or
614 2. Deliver any materials prohibited under KIBC 8.25.200; or �"
615 3. Discard any material without first paying applicable user fees under KIBC 8.Z5.T90; or
616 4. Dispose of any material in an area other than a designated area.
617
618 8.25.190 User Ffee Sschedule.
619 A. Enterprise Funding. By resolution, the assembly will set fees for solid waste management
620 services provided at the borough owned or operated facilities, including disposal of solid waste
621 and household hazardous waste at borough's baler facility and the sanitary landfill, sufficient to
622 cover the facilities' costs of operation, maintenance, and capital improvements without subsidy
623 from any other source, as an enterprise and nonsubsidized freestanding operation.
624 B. Cash or Commercial Charge Accounts. No one may deliver any material to a facility owned
625 or operated by the borough without paying applicable fees established by resolution of the
626 assembly in cash upon delivery, except the following users:
627 1. The contract hauler and other commercial users determined by the manager, such as
628 contractors that regularly deliver construction and demolition debris to the borough landfill,
629 which may establish charge accounts under subsection D of this section.
630 C. Schedule. The assembly will establish a user fee schedule, which may provide fees for
631 different categories of service, including the following:
632 1. Per unit of weight, such as ton, of solid waste;
633 2. Per unit of time, such as a half-hour, for materials that require special handling by facility
634 personnel upon delivery, in addition to the applicable fees per ton;
635 3. For types and amounts of hazardous and toxic waste; or
636 4. For any other materials.
637 D. Charge Accounts. The manager may extend credit for user fees as follows:
638 1. An applicant may obtain a credit application from the director of finance or their 4s
639 designee;
640 All credit applications are subject to approval by the director of finance in their his discretion
641 and this may include a deposit. The borough may retain the deposit for up to one year, after
642 which the owner may request the return of the deposit if borough determines that the
643 applicant has established a record of timely payment. The borough is not obligated to escrow
644 or pay interest on the deposit;
645 2. The charge account holder must pay bills within 30 days after the borough mails the
646 monthly bill; and
647 3. The director of finance may revoke credit and charging privileges without notice to the
648 charge account holder at any time an account becomes delinquent.
Ordinance No. FY2025-03 Page 16 of 19
649
650 8.25.200 Prohibited Ddisposal.
651 A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill any of the
652 following materials:
653 1. Material prohibited under the borough's solid waste disposal permit issued by the Alaska
654 State Department of Environmental Conservation;
655 2. Polluted or contaminated soil as defined in 18 AAC 60, 18 AAC 75 or 18 AAC 78; and
656 3. Sewage sludge for which no test results, required by law (e.g., 18 AAC 60.365) or as
657 determined by the manager, have been submitted to the borough.
658 B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the
659 following requirements:
660 1. It is mixed with nonexempt waste;
661 2. There is a public health, safety, or welfare threat or environme to obl m associated
662 with management of the exempt waste as determined by the manager; or
663 3. The exempt waste is being managed in a manner that causes or contributes to a
664 nuisance.
665 "Exempt wastes" means the following:
666 1. Land clearing waste, including excavated dirt oc , I butt ends, stumps, and other
667 similar waste; �
668 2. Tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a timber
669 harvest area; N X 1
670 3. Bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot
671 be easily removed; 672 4. Crumb rubber used in aspha Sy
673 5. Crushed glass;
674 6. Crushed asphalt pavement used:
675 a. In a building pad or parking area as road base, or pavement; or
676 b. As a material to construct a containment berm for a tank farm.
677
678 8.25.210 Applicability of N�%I, Sstate, and Llocal Ssolid Wwaste Llaw.
679 Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law
680 (as they may be amended, repealed, or replaced) applies in the borough and failure to comply
681 with solid waste law is a violation of this chapter. The borough may, but is not obligated to, take
682 enforcement actions or seek remedies for violation of solid waste law.
683 Examples of solid waste law follow:
684 AVh respect to environmental protection:
685 Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42
686 U.S.C. Sections 9601 et seq.) ("CERCLA");
687 2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA");
688 3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and
689 California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and Safety
690 Code Sections 39000 et seq.);
691 4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et
692 seq.);
Ordinance No. FY2025-03 Page 17 of 19
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5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60);
6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250);
7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990);
8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and
9. Oil and other hazardous substances pollution control (18 AAC 75.005 — 18 AAC 75.990).
B. With respect to solid waste handling labor:
1. Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.), including the Solid
Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R.,
Parts 257 and 258);
2. Immigration Reform and Control Act of 1986 (PL.99-603).
C. Miscellaneous:
1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42)
8.25.220 Administration, Implementation, and Eenforcement.
The manager is authorized to administer, implement, and enforce thi�h ter and promulgate
related solid waste policy, unless this chapter expressly names another person. The manager
may request assistance from other persons or request that other persons administer, implement
and enforce all or a portion of this chapter. Examples of other persons are:
A. The director of finance or the auditor -controller, f xpl, with respect to collection of user
fees;
B. City of Kodiak police department;
C. Borough attorney;
D. Other borough departments;
E. District attorney; 044&1
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game;
H. Alaska State Troopers; and \ *4./
I. A code enforcement officer designated under KIBC 1.20.030.
8.25.230 Enforcement Oofficer.
Repealed by Ord. FY2020-09.
8.25.240 Violations, Eenforcement A_actions and Reemedies.
A. Violations.
1. Per Failure. Each failure to comply with any provision of this chapter or any regulation
promulgated under this chapter constitutes a separate violation. For example, scavenging is
a separate violation for each container from which materials are scavenged.
2. Per Day. Each day a violation continues is a separate violation. For example, failure to
maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for
each day until the vehicle is repaired.
B. Enforcement Actions and Remedies.
1. Actual Violations. If the manager believes that someone has violated any provision of this
chapter, whether that person is acting or failing to act in the capacity of a principal, agent,
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Page 18 of 19
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employee or otherwise, then the manager may institute any enforcement action and exercise
any legal or equitable remedy available to the borough under law, such as the following:
a. Civil actions seeking a penalty of up to $250.00 per violation;
b. Civil actions seeking injunctive relief;
c. Civil suits seeking damages or civil penalties, including the costs of any corrective
action that the manager deems necessary to mitigate consequences of violations,
whether acts or omissions; or
d. Proceedings to declare a property a public nuisance and abate the nuisance as
authorized by AS 46.03.870(c).
2. Imminent Violations. If the manager believes that a person will imminently violate any
provision of this chapter, whether that person is acting or failing to act in the capacity of a
principal, agent, employee, or otherwise, then the manager may exercise any equitable
remedy available to the borough under law, such as a temporary restraining order or
injunction. \
3. Enforcement Actions and Remedies Are Cumulative, Not Exc/uN-ve*Enforcement actions
and remedies are cumulative, not mutually exclusive. The manager may institute any single
enforcement action or exercise any single remedy or a combination of multiple enforcement
actions and remedies, separately or simultaneously. The manager need not conclude any
particular enforcement action or exhaust any p rtiVia remedy before instituting other
enforcement action or exercising any other remeA
4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for
violation of this chapter are in addition to and not in lieu of any other penalty or remedy
provided for in state law or otherwise. lls�y
Effective Date: This ordinance takes effe
ct upon approval of this Ordinance.
ADOPTED BY THfVAE� OF THE KODIAK ISLAND BOROUGH
(THIS DAY OF , 2024
KODIAK ISLAND B02QUG
Scott Arndt, Borough Mayor
'Z�
ATTEST:
Nova M. Javier, MMC, Borough Clerk
Introduced by: Manager/Solid Waste Contract Committee
First reading: 10/03/2024
Postponed to: 10/17/2024
Postponed indefinitely: 10/17/2024
VOTES:
Ayes: Smiley, Whiteside, Griffin, and Sharratt
Absent: Ames, LeDoux, and Turner
Ordinance No. FY2025-03
Page 19 of 19