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BELLS FLATS TR A BK 3 ALL - Code Enforcement (5)Kodiak Island, Alaska Legal Description 8/17/04 12:13:48 AP01190 R9002030010 Inq Street plpper pr Name /Unit City Zip C ' 224 SAIJMONBERRY DR " AK. 99615 * * * * * Legal Description * * * * * TR 'A: EX"3'- 'ALL' " " """ (More...) PROP20 Please enter the parcel or account number (or press desired function) F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys R9002030010 )31z2CRAX 'ENTERPRIstg INC Inq AP01020 Street Number pr Name Unit City ' 'sAtMoNBERRy DR jpriscl: 09 Womens Bay bist KISD Activity : 3• 000 ,FpnFt.i.on : 7000 BLFL BELLS FLATS Structure: 2• 700 T,ott : 00000 W• MBY WOMENS BAY AREA Sale zone:' 4 Womens Bay 6000 Ownership: 1• 000 Zone Type: IND INDUSTRIAL ,...... Prop lJse : IND C CANA Mass Appraisal Old Parc : (More...) rROP2O—P1ease enter the parcel or account number (or press desired function) Zip 99 615' F1=Add F2=Change F3=Exit F4=Prompt F7/F8/F17/F18=Scroll F24=More Keys Aar, 36 03 10:4 la Tesoro Refining & Mktg Co 360-293-1459 37/5 , p.3 MATERIAL SAFETY DATA SHEET SECTION 1- PRODUCT AND COMPANY IDENTIFICATION PRODUCT NAME(S): Asphalt, Paving Asphaft, Performance Graded Asphalts (PG), PG 52-28, PG 58-28, PG 58-22, PG 64-16, PG 64-22, PG 64-28 . GENERAL USE: Construction, sealant PRODUCT DESCRIPTION: Black semi-solid mixture of petroleum distillates ,,,„-- - •• .,. . .. .. ,. • ., ,. . • -' TESORO MANUFACTURER'S NAME Tesoro Petroleum Companies, Inc. DATE PREPARED: September 14, 2002 SUPERSEDES: May 15, 2002 Page 1 of 4 ADDRESS (NUMBER, STREET, P.O. BOX) 300 Concord Plaza Drive TELEPHONE NUMBER FOR INFORMATION ' Tesoro Call Center (877) 783-7676 (CITY, STATE AND ZIP CODE) COUNTRY Tesoro Call Center San Antonio, TX 78216-6999 USA EMERGENCY TELEPHONE NUMBER Chemtrec (800) 424-9300 DISTRIBUTOR'S NAME Same ' ADDRESS (NUMBER, STREET, P.O. BOX) TELEPHONE NUMBER FOR INFORMATION (CITY, STATE AND ZIP CODE) COUNTRY EMERGENCY TELEPHONE NUMBER SECTION 2- HAZARDOUS INGREDIENTS HAZARDOUS COMPONENTS CAS # % (by volume) OSHA PEL. ACGIH TWA SARA TITLE III RO LBS ppm mwm3 PPM mGims Asphalt (t) 8052-42-4 91 - 100 5 .. ................. . . . . ...... May contain . . . . .. . .. _ . . Hydrogen sulfide (a,b,c,d,e) • 7783-06-4 < 3.5 10 10 Yes 100 Styrene — Butadiene — Styrene Block Copolymer 9003-55-8 2 - 5 Not specified ...... .. _ ..._._ ___ _........... _ .. .... .__. ..... ....... ....... ..... . . (a,c) See Section 15 (b) Indicates an Extremely Hazardous Substance, if your facility has a designated amount of this substance, Threshold Planning Quantity (TPQ) in inventory, the regulations (040 CFR 355 and 370 apply, including submission of Tier I / Tier II forms every March 1. (d) Indicates listing In Table Z - 2, 29 CFR 1910.1000, one 01 25 chemicals with substance - specific requirements; value shown is 8-hour Time liviiiltiiii—i- -- Average. See table for acceptable calling concentration Emits and acceptable maximum peak ElbOVE the acceptable ceiling concentration. (e) OSHA proposed a regulation (29 CFR 1910.119) to monitor and control safety at certain types of industrial facifitieS. Coniiikincelitriggereil iliipii4ci -. -- quanblies of speac chemicals. Minimum threshold quantity for this Highly Hazardous Chemical is 500 tbs. (f) Values do not reflect absolute minimums and maximums; these values are typical which may4vary from time to time. . ...... .. .. . ........ , SECTION 3- HAZARDS IDENTIFICATION , EMERGENCY OVERVIEW Black, semi-solid, will support combustion. Can cause minor gastric complications if swallowed. Can cause eye and skin irritation upon contact. Heated product will cause thermal bums upon contact with skin or eyes. Product may contain hydrogen sulfide, a highly hide substance.; Hazard symbols for this product - XI, XN Risk Phrases - R22 36 38 POTENTIAL HEALTH EFFECTS INHALATION: High concentrations of mist are irritating to the respiratory tract; vaporization is not expected at ambient temperatures. SKIN: Brief contact may cause slight irritation; prolonged contact may cause moderate irritation or dermatitis. Contact with heated product will cause thermal bums. EYES: High vapor concentration or contact may cause minimal irritation and discomfort Contact with heated product will cause thermal burns. INGESTION: Practically non-toxic ; DO NOT induce vomiting. Contact with heated material may cause thermal bums_ CARCINOGENICITY firm No IARC MONOGRAPHS? No OSHA REGULATED? No Mar 25 03 10 :11a Tesoro Refining & Mktg Co 360 - 293 -1459 p.4 MATERIAL SAFETY DATA SHEET September 14, 2002 PRODUCT NAME(S): Asphalt, Paving Asphalt, Performance Graded Asphalts (PG), PG 52 -28, PG 58-28, PG 58-22, PG 64-{ 16, PG 64-22, PG 64-28 Page 2 of 4 SECTION 4 - FIRST AID MEASURES INHALATION: Remove affected person to fresh air, provide oxygen W breathing is drfCicull; if affected person is not breathing, administer CPR and seek emergency medical attention. SKiN: Remove contaminated dothing; wash affected area with soap and water, launder contaminated dothing before reuse; if irritation persists, seek medical attention. If contacted with heated material, flush affected area with cold water, treat area for thermal bums. EYES: Remove contact tenses. Flush eyes with clear running water for 15 minutes while holding eyelids open; if irritation persists, seek medical attention. if contacted with heated material, flush affected area with cold water, treat eyes for thermal bums. Seek immediate medical attention. INGESTION: DO NOT induce vomiting; if vomiting occurs spontaneously, keep head below hips to prevent aspiration of liquid into lungs; seek immediate medical attention. Small amounts entering mouth should be rinsed out until taste is gone. SECTION 5 - FIRE FIGHTING MEASURES FLASH POINT (METHOD USED) > 425° F (> 218° C) COC FLAMMABLE LIMITS LEL: Not applicable UEL: Not applicable AUTOIGNITION TEMPERATURE: Not determined I NFPA CLASS: Ina GENERAL HAZARDS: Product will support combustion. Products of combustion include compounds of carbon, hydrogen and oxygen, including carbon monoxide. EXTINGUISHING MEDIA Carbon dioxide, water fog, dry chemical, chemical foam FIRE FIGHTING PROCEDURES Firefighters must wear full facepiece self - contained breathing apparatus in positive pressure mode. Do not use solid steam of water since stream will scatter and spread lire. Fine water spray can be used to keep fire - exposed containers cool. UNUSUAL FIRE AND EXPLOSION HAZARDS Closed containers can explode due to buildup of pressure when exposed to extreme heat Do not use direct stream of water on pool fires as product may reignite on water surface. Caution - Material will support combustion! HAZARDOUS COMBUSTION PRODUCTS Smoke, fumes, oxides of carbon SECTION 6 - ENVIRONMENTAL RELEASE MEASURES STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED: COMBUSTIBLE Evacuate and ventilate area; confine and absorb into absorbent place material into approved containers for disposal; for spills (other than normal application) in excess of allowable limits (RO) notify the National Response Center (800) 424 - 8802; refer to CERCLA 40 CFR 302 and SARA Title III, Section 31340 CFR 372 for detailed instructions concerning reporting requirements. Do not discharge into lakes, ponds, steams or public waters. Refer to 40 CFR 355 & 370 for regulations pertaining to items classified as Threshold Planning Quantities as shown in Section 2, Hazardous ingredients. SECTION' 7 - HANDLING AND STORAGE PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE: This material is combustible. It should be stored in tightly closed containers in a cool, well ventilated area. Vapor may form explosive mixtures in air. All sources of ignition should be controlled. Keep this and other chemicals out of reads of children. Avoid inhaling concentrated fumes or vapors. - SECTION 8 - EXPOSURE CONTROLS / PERSONAL PROTECTION ENGINEERING CONTROLS The use of local exhaust ventilation is recommended to control emissions near the source. Provide mechanical ventilation of confined spaces. Use explosion -proof ventilation equipment. See Section 2 for Component Exposure Guidelines. PERSONAL PROTECTION: RESPIRATORY PROTECTION (SPECIFY TYPE): None required while threshold limits (Section 2) are kept below maximum allowable concentrations; if TWA exceeds limits, NIOSH approved respirator must be worn. Refer to 29 CFR 1910.134 or European Standard EN 149 for complete regulations. PROTECTIVE GLOVES: Neoprene or rubber gloves with cuffs. EYE PROTECTION: Safety goggles with side shields OTHER PROTECTIVE CLOTHING OR EQUIPMENT: Safety eyebath nearby WORK / HYGIENIC PRACTICES: Practice safe workplace habits. Minimize body contact with this, as well as all chemicals in general. Mar. 25 03 10:12a Tesoro Re-Fining & Mktg Co 360-293-1459 P • 5 MATER1AL SAFETY DATA SHEET I September 14, 2002 PRODUCT NAME(S): Asphalt, Paving Asphalt, Performance Graded Asphalts (PG), PG 52-28, PG 58-28, PG 58-22, PG M 16, PG 64-2Z PG 64-28 Page 3 of 4 SECTION 9- PHYSICAL AND CHEMICAL PROPERTIES VAPOR PRESSURE (MM Hg) Not applicable VAPOR DENSITY (AIR = 1) Not applicable SPECIFIC GRAVITY (WATER= 1) 0.95 - 1.1 EVAPORATION RATE (WATER =1) • - Not applicable , SOLUBILITY IN WATER Negligible FREEZING POINT Not determined pH Not applicable APPEARANCE AND ODOR Black seml-soild mixture, characteristic hydrocarbon odor BOIUNG POINT > 650°F (343° C) PHYSICAL STATE • Semi-solid ' VISCOSITY Not determined VOLATILE ORGANIC COMPOUNDS (Total VOC's) Not determined SECTION 10 - STABILITY AND REACTIVITY STABILITY UNSTABLE STABLE: )00( CONOMONS TO AVOID: Extreme temperatures, open flames INCOMPATIBILITY (MATERIALS TO AVOID) Strong oxidizers, strong acids HAZARDOUS DECOMPOSITION OR BYPRODUCTS: Decomposition will not occur if handled and stored property. In case of a fire, oxides of carbon, hydrocarbons, fumes, and smoke may be produced. HAZARDOUS POLYMERIZATION MAY OCCUFt WILL. NOT OCCUR: )0(X CONDITIONS TO AVOID: None SECTION 11- TOXICOLOGICAL INFORMATION Hazardous Ingredients % . . CAS # LD50 of Ingredient (Specify Species and Route) LC50 of Ingredient (Specify Species) Asphalt (f) . 91 - 100 8052-42-4 Not established Not established Hydrogen sulfide (a,b,c,d,e) • < 35 7783-064 Not established 444 ppm / 4H Inhalation - rat Styrene — Butadiene — Styrene Block Copolyrner 2 - 5 9003-55-8 Not established Not established . . SECTION 12 - ECOLOGICAL INFORMATION This product is insoluble in water SECTION 13 - DISPOSAL CONSIDERATIONS WASTE DISPOSAL METHOD: Dispose of in accordance with Local, State, and Federal Regulations. This product may produce concentrated hazardous vapors Or fumes in a disposal container creating a dangerous environment Refer to "40 CFR Protection of Environment Parts 260 - 299" far complete waste disposal regulations for ignitable materials, Consult your local, state, or Federal Environmental Protection Agency before disposing of any chemicals. Do not flush to sanitary sewer or waterway. SECTION 14 - TRANSPORT INFORMATION PROPER SHIPPING NAME: Elevated temperature liquid, N.O.S. (Petroleum Asphalt) HAZARD CLASS / Pack Group: 9/ III IATA HAZARD CLASS / Pack Group: 9 / III REFERENCE: 49 CFR 173.247 IMDG HAZARD CLASS: 9 / III IDENTIFICATION NUMBER UN 3257 RID/ADR Dangerous Goods Code: 9 LABEL Miscellaneous (9) Canadian TDG Class / Division: 9 I 111 HAZARD SYMBOLS: Not applicable EMERGENCY RESPONSE GUIDE 128 . .. .. ... Note: Transportation information provided is for reference only. Client is urged to consult CFR 49parts 100 - 177, IMDG, IATA, EC, Canadian TDG, and United Nations TDG information manuals for detailed regulations and exceptions covering specific container sizes, packaging materials and methods of shipping. ______ Mar 25 03 10:12a Tesoro Refining 8 Mktg Co 360-293-1459 • p.6 f_ MATERIAL SAFETY DATA SHEET September 14, 2002 PRODUCT NAME(S): Asphalt, Paving Asphalt, Performance Graded Asphalts (PG), PG 52-28, PG 58-28, PG 58-22, PG 64- 16, PG 64-2Z PG 64-28 Page 4 of 4 SECTION 15 - REGULATORY INFORMATION TSCA (Toxic Substance Control Act) Components of this product are listed on the TSCA Inventory. . Right-To- for releases or 302. contains all the SARA TITLE Ill (Superfund Amendments and Reauthorization Act) 311/312 Hazard Categories None 313 Reportable Ingredients: (a) indicates a toxic chemical subject to annual reporting requirements of Section 313 of the Ernergency Planning and Community Know Act 011986 and 01 40 CFR 37Z CERCLA (Comprehensive Response Compensation and Liability Act) • (c) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has notification requirements spills to the environment of the Reportable Quantity (RQ for this mixture = 3,000 ibs) or greater amounts, according to 40 CFR CPR (Canadian Controlled Products Regulations) This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations and the MSDS information required by the Controlled Products Regulations IDL (Canadian Ingredient Disclosure List) Components of this product listed on the Canadian Ingredient Disclosure list are shown in Section 2. EC Risk Phrases EC Safety Phrases R22 Harmful if swallowed S16 Keep away from sources of ignition R36 Irritating to eyes S25 Avoid contact with eyes . . R38 Irritating to skin. S29 Do not empty into drains SECTION 16 - OTHER INFORMATION No specific notes. . • HMIS HAZARD RATINGS HEALTH 1 0 = INSIGNIFICANT 3 = HIGH FLAMMABILITY 1 1 = SLIGHT 4 = EXTREME REACTIVITY 0 2 = MODERATE PERSONAL PROTECTIVE EQUIPMENT 8 Safety Glasses, Gloves REVISION SUMMARY: ...-- . . This MSDS has been revised in the following Section 2 Addition of ingredient sections: MSDS Prepared by: Chem-Tel, Inc. • 1305 N. Florida Ave. Tampa, Florida USA 33602 (800) 255-3924 Outside USA (813) 248-0573 DISCLAIMER: The information supplied in this data sheet is obtained from currently available *curses, which are believed to be reliable. HOWEVER, THE INFORMATION IS PROVIDED WITHOUT ANY WARRANTY, EXPRESSED OR IMPUED, REGARDING THE ACCURACY OF THE INFORMATION OR THE RESULTS TO BE OBTAINED FROM ITS USE. Handling, storage, use or disposal of the above-referenced product is beyond our control and may occur under conditions with which we are unfamiliar. FOR THESE AND OTHER REASONS, WE DO NOT ASSUME RESPONSIBILITY AND EXPRESSLY DISCLAIM ANY UABILITY FOR DAMAGE, INJURY AND COST ARISING FROM OR RELATED TO THE USE OF THE PRODUCT. PRODUCT NURIBER(S): 147; 148; 149; 150; 151; 156; 157; 158; 298; 299; 302; 313; 314; 324; 325; IVISDS-1001 • Complaint No Date Filed' Legal Descrpt PO Address 1224 Salmonberry Dr Bells Flats Tract A Bk 3 ALL Brechan Enterprises, Inc PO Box 1275 Kodiak AK 99615 Tenant Complaint: same Obnoxious odors from asphalt plant operations Complainant, C Address Shari Doyle Rvw Date 9/12/2003 Findings Zoned I - Industrial; 17.24.060 Performance Standards - "D" - subjectivity of sensitivity is problematical Action Accepted written complaint via email; refered complainant to DEC - Martin Lydick From: Sent: To: Subject: Zoning Complaint Form.doc Jack or Shari Doyle [redgate@ptialaska.net] Friday, September 12, 2003 3:56 PM Martin Lydick Complaint form filled out 1 Kodiak Island Borough Community Development Department Zoning Violation Complaint Form 710 Mill Bay Rd. Kodiak, AK 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.alc.us • I wish to report an alleged violation of the Borough's zoning regulations. I understand that this complaint will be investigated within 7 days of receipt, and that I will be notified of any subsequent action taken regarding the investigation. (Please fill out the information below to the best of your ability. If you desire anonymity, please indicate below) Legal Description of Property Where Violation is Occurring: Street Address: 10843 Chiniak Drive Zoning: Property Owner of Address Above: Shari Doyle Mailing Address:. same as above Telephone Number: 487 -4046 Tenant of Address Above: Mailing Address: Telephone Number: Nature of Complaint: The asphalt fumes from the asphalt plant are making me ill this afternoon. By 2:OOPM, my eyes and nose are burning and I am feeling sick. The fumes are giving me a headache. I cannot even wear my contact lens as it is bothering me so much. The fumes are in my house and outdoors. I cannot get away from the fumes. Complainant's Name: Address: Telephone Number: Email: Date: Community Development Department Staff: Date Received: Notes: C: Documents and SettingslmlydicklLocal Settings1Temporary Internet FilesIOLK31Zoning Complaint Form.doc VCIEOVE SEP 12 2003 COMMUNITY DEVELOPMENT DEPARTMENT ,;05/15/2002.10:54 FAX 8074884888. RECHAN f.NItHFRI__5. INC BRECHAN ENTERPRISES INC.. 002 BRECHAN ENTERPRISES, .INC / GENERAL CONTRACTORS 2705 MILL BAY ROAD •' KODIAK, ALASKA 99615 December 20, 2001 TO: Borough Manager Patrick Carlson FROM: -Brechan Enterprises Michael Martin RE: Solid Wood Waste Disposal Riin/77/\/ 4,' p,Ip( il(/t15 w/ tt A146 Pl4L ([ Dear Mr. Carlson: Brechan Enterprises currently has a burn permit #2319 issued February 12, 2001. We believed that this permit allowed us to burn wood waste from construction projects as long as the burn occurred on our property such as our industrial property in Bells Flats, locally called Pit 1. As you know, this has been a common practice with other contractors through out Kodiak and has been a traditional practice for us. It has been brought to my attention that there are residents that have concerns about Brechan Enterprise burning wood material at Pit 1. The first concern brought to my attention has been about hazardous waste. Specifically, Brechan Enterprises has not, and will not intentionally bring hazardous waste to our property for burning or disposal. As an additional insurance on.this issue, we propose using an excavator to separate the large pile of wood into a smaller manageable pile for burning. This will also allow secondary segregation of material in case of inadvertent inclusion of non - permissible burn materials. The second concern was the size of the bum. As noted above, we feel a smaller burn pile will address this concern. Additionally, we will make every attempt to burn during Northwesterly wind direction. Because of our location, this should keep most smoke produced away from residential homes. At the conclusion of the burn, we will load and deliver all burn by- products and all non -burn material to the Borough Landfill. We have contacted D.E.C. in Anchorage, advising of our intent to burn. We believe giving D.E.C. the opportunity to send someone to observe our burn would alleviate PHONE: 907.456.3215 • FAX: 907.496.4889 ALASKA BUSINESS #001858 • ALASKA CONTRACTORS #AA441 We Are An Equal Opporfuruly Employer cUUC lo: o7 rA& UU1 - 4SC4b55U • BREA:RAN ENTERPRISES INC 1-41 003 ... .. , i i.•.r.•:s... .....:.' „¢T ..' concerns that we may be trying to burn something inappropriate. I also understand that there may be issues with borough landfill dump Usage under Borough Code 8.20.030. Brechan Enterprises recognizes the limited space that the Borough has for landfill. We believe that if this section does apply, it is in the best'interest of Brechan and the borough to allow an exemption to burn this material on our property. To further alleviate resident concerns, Brechan Enterprises would propose that any other large construction project debris be pre - arranged with the borough as whether to use the Borough Landfill or our property for burning. • Thank you for you consideration on this matter, Respectfully, Michael R. Martin President of Brechan Enterprises February 7, 2002 Michael R. Martin, President Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9320 Fax (907) 486-9399 www.kib.co.kodiak.ak.us • Re: • Solid waste disposal of building demolition material by open burning on Block 3, Tract. A, Bells Flats Alaska Subdivision. Dear Mr. Martin: This letter is in response to your request dated December 20, 2001, requesting approval under KIBC 8.20.030, to allow the above referenced disposal of building demolition material by open buniffig on your Industrial zoned lot in Bells Flats. Staff has previously reviewed the applicable Borough codes relating to zoning and open burning and found that, subject to the reasonable precautions that would normally be stipulated in a bum permit, there is no reason not to allow your request on that basis. hi addition, we recognize that clean air standards are the responsibility of the Alaska Department of. Environmental Conservation (ADEC). Should there be any question about the open burning of the type or quantity of demolition material you have stockpiled, you would be well advised to consult with ADEC before beginning the 'burn. The only issue to be resolved at this time involves the Borough regulations regarding solid waste collection and disposal, as referenced in KIBC 8.20.030. When the solid waste disposal system, i.e. landfill, was originally set up, it was established on the basis of an exclusive road system utility service area. In order to be economically viable and to ensure that the intent of the many state and federal regulations are met, it is essential to be able to control the waste stream to ensure that solid wastes are disposed of properly. KIBC 8.20.030 provides that the Borough finance 'director may exempt a person from the requirements if he determines that the person requires solid waste collection and disposal service, which cannot be provided by the Borough system. In this instance, there is no question that the Borough cannot provide a collection service for the demolition material. With regard to the disposal service, the Borough could probably provide the service if the material was brought to the landfill on an incremental basis, however, the Baler/Landfill is not normally staffed to handle and dispose of a extremely large quantities of demolition material if it is delivered in a relatively t's short time frame. Of course if the material were delivered, it would eventually be disposed of in the most _efficient and economic manner possible, however this might require staging the material at the landfill until it can be systematically evaluated and disposed of. The bottom line is that it might end up sitting at the landfill for a while until it could be incorporated into the day- to-day operations of the baler/landfill. Under these circumstances, the Borough is willing to grant an exemption, as permitted by KIBC 8.20.030, in order to allow the disposal of demolition material by open burning on your site, subject to the following: 1. This approval is in response to a specific request, at a specific date and time and, as such, it does not constitute a waiver of K1BC 8.20.030 for the purpose of future disposal plans on Block 3, Tract A, Bells Flats Alaska Subdivision. This exemption does not establish a precedent to be used for future requests, but is based upon the specific proposal contained in the letter dated December 20, 2001 and the staff judgment of Borough baler/landfill capabilities available at the time of this request. Similar requests in the future will be handled on a case-by-case basis based on the circumstances of the request that are existing at that time and will be approved or denied on merits of the individual request and the ability of the Borough to provide the requested solid waste collection and disposal service. . 2. The exemption is approved subject to the representations contained in the letter dated December 20, 2001, from Brechan Enterprises spelling out the manner in which the demolition building material will be disposed of and indicating an understanding of the applicable regulations with regard to bum permits and clean air requirements as they apply to open burning. 3. The burn activity will be monitored at all times in conformity with a burn permit issued by the local fire marshal, as required for all open burning of this nature. 4. Block 3, Tract A, Bells Flats Alaska Subdivision is no longer a permitted disposal site recognized by ADEC and it does not appear that it was ever permitted as a disposal site for open burning of material. As a result, the residual waste products that result from the open burning should be removed from the burn site at the conclusion of the bum and delivered to the landfill for appropriate disposal. As mentioned in your letter, we anticipate that future bums will be prearranged through the Borough, preferably prior to the actual stockpiling of building demolition material on the site. As alluded to above, there does not appear to be a procedure for a blanket exemption and it appears that a new determination under KIBC 8.20.030 is required for each similar disposal that you anticipate in the future. If you have any questions about this determination, or require additional information about Borough codes and regulations, please feel free to contact me for assistance. Sincerely, Karleton Short, Finance Director Cc: Patrick S. Carlson, Manager Andy Nault, Fire Marshal Dale Rice, Womans Bay Fire Chief Alaska Dept. of Environmental Conservation rmec 4.t U1 ul:kep 40^^ .•"'""'"' • i I • -1 ; J uoug rummers UUY-411ti-au71 DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF ENVIRONMENTAL HEALTH SOLID WASTE PROGRAM 555 CORDOVA STREET ANCHORAGE, ALASKA 99501 http://www.state-ak. add ee/home.htm June 17, 1997 • Mr. Bill Oliver Brechan Enterprises 2705 Mill Bay Road Kodiak, Alaska 99615 Re: Expired Solid Waste Disposal Permit No, 8621-BA019 Dear Mr. Oliver: P • 1 TONY KNOWLES, GOVERNOR Telephone: (907) 269-7590 Fax: (907) 269-7655 Recently we received an inquiry about waste disposal activities in the Bells Flats area of Kodiak Island. We have reviewed our records and wanted to notify you that the solid waste disposal permit (No. 8621-BA019) issued to Brechan Enterprises has expired. The expired permit, issued to Brechan Enterprises on May 7; 1987, allowed the disposal of inert debris in an area known as Bells Flats. The referenced permit picibibited the "disliosil iiiethls; gaibige; h1t, bin . y other leachable waste. Please provide the required documentation described in the permit showing the closure conditions have been met. Also, be aware that a permit issued by our Department is required to • dispose of solid waste. This is separate from, and may be in addition to, a Conditional Use • permit which may be required by the Kodiak Island Borough. If Brechan Enterprises has a future need to dispose of limited volumes of inert waste, you may want to apply for coverage under our General Perrnit for this type of operation, otherwise an individual permit will be required. Permit applications are available at ADEC's offices or if you request we can send one to you. If you have a.ny questions or need additional information, • please do not hesitate to call me at above phone number. Sincerely, Laura Ogar Solid Waste Program Coordinator • cc: Bill Rieth, ADEC/Anchorage Everett Stone, ADEC/Kodiak Linda Freed, MB 191997 • LI•••••••••••••,,r•■• . J •• DEPT. OF ENVIRONMENTAL CONSERVATION Division of Air and Water Quality Air Quality Compliance 555 Cordova Street Anchorage, Alaska 99501 Mr. Bill Oliver Brechan 2705 Mill Bay Road Kodiak AK 99615 RE: Open burning demolition debris on Dear Mr. Oliver: June 6, 2002 Brechan property TONY KNOWLES, GOVERNOR Phone: (907) 269-3066 Fax: (907) 269-7508 TTY: (907) 269-7511 Over the past several years, the Department has received numerous complaints, allegations and documented enforcement actions regardinb improper open burning on the Bells Flats property. I am aware that Brechan has been burning woody demolition debris with the intention of decreasing the amount of material taken to the local landfill. It is apparent that this practice causes the local residents a great deal of concern. Residents are not convinced that Brechan is burning in compliance with regulations. It appears that every time burning is conducted on the property, residents'call DEC to complain of the smoke and show concern that hazardous materials are being burned. This constitutes an on-going nuisance. Due to local residents' concerns, the Department requests that open burning be discontinued by Brechan and any other company or individbal on the Bells Flats property. If you have any questions, please calf e. Sincerely, e Ann Lawton Environmental Specialist cc: Mike Gardner, DEC Kodiak Randy Lucas, DEC APP, Fairbanks 451-2149 Enclosure JUN 10 2002 ENG FAC KODIAK ISLAND 30ROUGH February 7, 2002 Michael R. Martin, President Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9320 Fax (907) 486-9399 www.kib.co.kodiak.ak.us Re: Solid waste disposal of building demolition material by open burning on Block 3, Tract A, Bells Flats Alaska Subdivision. Dear Mr. Martin: This letter is in response to your request dated December 20, 2001, requesting approval under KIBC 8.20.030, to allow the above referenced disposal of building demolition material by open burning on your Industrial zoned lot in Bells Flats. Staff has previously reviewed the applicable Borough codes relating to zoning and open burning and found that, subject to the reasonable precautions that would normally be stipulated in a bum permit, there is no reason not to allow your request on that basis. In addition, we recognize that clean air standards are the responsibility of. the Alaska Department of Environmental Conservation (ADEC). Should there be any question about the open burning of the type or quantity of demolition material you have stockpiled, you would be well advised to consult with ADEC before beginning the bum. The only issue to be resolved at this time involves the Borough regulations regarding solid waste collection and disposal, as referenced in KIBC 8.20.030. When the solid waste disposal system, i.e. landfill, was originally set up, it was established on the basis of an exclusive road system utility service area. In order to be economically viable and to ensure that the intent of the many state and federal regulations are met, it is essential to be able to control the waste stream to ensure that solid wastes are disposed of properly. KIBC 8.20.030 provides that the Borough finance director may exempt a person from the requirements if he determines that the person requires solid waste collection and disposal service, which cannot be provided by the Borough system. In this instance, there is no question that the Borough cannot provide a collection service for the demolition material. With regard to the disposal service, the Borough could probably provide the service if the material was brought to the landfill on an incremental basis, however, the Baler/Landfill is not normally staffed to handle and dispose of a extremely.large quantities of demolition material if it is delivered in a relatively short time frame. Of course if the material were delivered, it would eventually be disposed of in the most .efficient and economic mariner possible, however this might require staging the material at the landfill until it can be systematically evaluated and disposed of. The bottom line is that it might end up sitting at the landfill for a while until it could be incorporated into the day- to-day operations of the baler/landfill. Under these circiunstances, the Borough is willing to grant an exemption, as permitted by KIBC 8.20.030, in order to allow the disposal of demolition material by open burning on your site, subject to the following: 1. This approval is in response to a specific request, at a specific date and time and, as such, it does not constitute a waiver of KIBC 8.20.030 for the purpose of future disposal plans on Block 3, Tract A, Bells Flats Alaska Subdivision. This exemption does not establish a precedent to be used for future requests, but is based upon the specific proposal contained in the letter dated December 20, 2001 and the staff judgment of Borough baler/landfill capabilities available at the time of this request. Similar requests in the future will be handled on a case-by-case basis based on the circumstances of the request that are existing at that time and will be approved or denied on merits of the individual request and the ability of the Borough to provide the requested solid waste collection and disposal service. 2. The exemption is approved subject to the representations contained in the letter dated December 20, 2001, from Brechan Enterprises spelling out the manner in which the demolition building material will be disposed of and indicating an understanding of the applicable regulations with regard to bum permits and clean air requirements as they apply to open burning. 3. The bum activity will be monitored at all times in conformity with a bum permit issued by the local fire marshal, as required for all open burning of this nature. 4. Block 3, Tract A, Bells Flats Alaska Subdivision is no longer a permitted disposal site recognized by ADEC and it does spot appear that it was ever permitted as a disposal site for open burning of material: As a result, the residual waste products that result from the open burning should be removed from the bum site at the conclusion of the burn and delivered to the landfill for appropriate disposal. As mentioned in your letter, we anticipate that future bums will be prearranged through the Borough, preferably prior to the actual stockpiling of building demolition material on the site. As alluded to above, there does not appear to be a procedure for a blanket exemption and it appears that a new determination under KIBC 8.20.030 is required for each similar disposal that you anticipate in the future. If you have any questions about this determination, or require additional infoimation about Borough codes and regulations, please feel free to contact me for assistance. Sincerely, Wai4 dutr'›4-- Karleton Short, Finance Director Cc: Patrick S. Carlson, Manager Andy Nault, Fire Marshal Dale Rice, Womans Bay Fire Chief Alaska Dept. of Environmental Conservation 05/15/200210:54 FAX 9074864889 • RECHAN ENTtRPRISE.5. INC BRECHAN ENTERPRISES INC BRECHAN ENTERPRISES, INC GENERAL CONTRACTORS 2705 MILL BAY ROAD • KODIAK, ALASKA 99615 December 20, 2001 TO: Borough Manager Patrick Carlson FROM: - Brechan Enterprises Michael Martin RE: Solid Wood Waste Disposal Dear Mr. Carlson: Brechan Enterprises currently has a burn permit #2319 issued February 12, 2001. We believed that this permit allowed us to bum wood waste from construction projects as long as the burn occurred on our property such as our industrial property in Bells Flats, locally called Pit 1. As you know, this has been a common practice with other contractors through out Kodiak and has been a traditional practice for us. It has been brought to my attention that there are residents that have concerns about Brechan Enterprise burning wood material at Pit 1. The first concern brought to my attention has been about hazardous waste. Specifically, Brechan Enterprises has not, and will not intentionally bring hazardous waste to our property for burning or disposal. As an additional insurance on'this issue, we propose using an excavator to separate the large pile of wood into a smaller manageable pile for burning. This will also allow secondary segregation of material in case of inadvertent inclusion of non-permissible burn materials. The second concern was the size of the burn. As noted above, we feel a smaller burn pile will address this concern. Additionally, we will make every attempt to burn during Northwesterly wind direction. Because of our location, this should keep most smoke produced away from residential homes. At the conclusion of the burn, we will load and deliver all burn by-products and all non-burn material to the Borough Landfill. We have contacted D.E.C. in Anchorage, advising of our intent to burn. We believe giving D.E.C. the opportunity to send someone to observe our burn would alleviate PHoNs: 907.486,3215 • FAX: 907.486.4859 ALASKA OusiNess #001858 • ALASKA CONTRACTORS #AA44 1 We Are An Equal Opporlumbr Employer 05115/2602 16:55 FAX 9074864889 BRECHAN ENTERPRISES INC concerns that we may be trying to bum something inappropriate. I also understand that there may be issues with borough landfill dump usage under Borough Code 8.20.030. Brechan Enterprises recognizes the limited space that the Borough has for landfill. We believe that if this section does apply, it is in the besfinterest of Brechan and the borough to allow an exemption to bum this material on our property. To further alleviate resident concerns, Brechan Enterprises would propose that any other large construction project debris be pre-arranged with the borough as whether to use the Borough Landfill or our property for burning. Thank you for you consideration on this matter, Respectfully, 714eAta/714,&„ Michael R. Martin President of Brechan Enterprises DEPT. OF ENVIRONMENTAL CONSERVATION Division of Air and Water Quality Air Quality Compliance 555 Cordova Street Anchorage, Alaska 99501 June 6, 2002 Mr. Bill Oliver Brechan 2705 Mill Bay Road Kodiak AK 99615 RE: Open burning demolition debris on Brechan property Dear Mr. Oliver: TONY KNOWLES, GOVERNOR Phone: (907) 269-3066 Fax: (907) 269-7508 TTY: (907) 269-7511 Over the past several years, the Department has received numerous complaints, allegations and documented enforcement actions regarding improper open burning on the Bells Flats property. I am aware that Brechan has been burning woody demolition debris with the intention of decreasing the amount of material taken to the local landfill. It is apparent that this practice causes the local residents a great deal of concern. Residents are not convinced that Brechan is burning in compliance with regulations. It appears that every time burning is conducted on the property, residents call DEC to complain of the smoke and show concern that hazardous materials are being burned. This constitutes an on-going nuisance. Due to local residents' concerns, the Department requests that open burning be discontinued by Brechan and any other company or individual on the Bells Flats property. If you have any questions, please call me. Sincerely, Ann Lawton Environmental Specialist cc: Mike Gardner, DEC Kodiak Randy Lucas, DEC APP, Fairbanks 451-2149 Enclosure b. 5, JUN 1 0 2002 ENG FAC KODIAK GLAND 30ROUG1-1 June 28th, 2002 BRECHAN ENTERPRISES, INC GENERAL CONTRACTORS 2705 MILL BAY ROAD • KODIAK, ALASKA 99615 Ms. Ann Lawton Environmental Specialist State of Alaska Division of Air and Water Quality 555 Cordova Street Anchorage, AK 99501 CEA/FD JUL 0 8 2002 KIB MANAGER Re: Open Burning at Bells Flats Property in Kodiak, Alaska Dear Ms. Lawton: This is in response to your letter dated June 6, 2002. I am writing to clarify that our open burning activities at the Bells Flats property in Kodiak, Alaska are being conducted in conformance with all applicable laws and regulations. First, all of the materials being burned at the above-referenced locations are non-hazardous. The only material currently being burned is cedar siding (a.k.a. "shiplap"), which includes a few nails and some non-hazardous exterior latex paint. As you may know, the U.S. Coast Guard is overseeing the demolition project at which this wood waste is being generated. The Coast Guard has informed us that it is conducting a thorough on-site hazardous materials review, and that all substances of concern (including lead-based paints, asbestos, creosote, petroleum, and other similar substances) are being segregated and disposed of properly. Our own visual inspections also confirm that the only materials being transported to the burn pit and burned by Brechan Enterprises are non-hazardous wood waste. _ Second, the non-hazardous wood waste is being burned in accordance with applicable laws and regulations. We will continue to make every effort to ensure that the burning operation continues to comply with ADEC's general open-burning regulations listed at 18 AAC 50.065(a)(1)-(5). If your office becomes aware of any instances of Brechan's non-compliance with these regulations, please notify me right away, and I will make sure that immediate steps are taken to correct any non-compliant issue. PHONE: 907.486.3215 • FAX: 907.486.4889 ALASKA BUSINESS #001 858 • ALASKA CONTRACTORS #AA441 We Are An Equal Opportunity Employer Third, the open burning is being conducted in conformance with a Kodiak Island Borough Burn Permit, Permit No. 2146, a copy of which is enclosed with this letter for your files. Finally, we are aware of local residents' recent concerns regarding our long-standing practice of open burning at the industrial site, and we are doing everything reasonably: possibly to accommodate them. For instance, we are burning at times when prevailing winds will carry smoke away from residences. Also, last month you asked to hold off burning until the meetings concerning soil remediation were completed, and to call the radio station before any burning. Out of cooperation with you I have done so. If you have any other suggestions as, to_how we might be able to further rninimize-any- possible or perceived impacts of our burning operations on our new neighbors, we would certainly be willing to consider them. However, it is our understanding that the complaints received by your department in relation to our open burning activities are primarily the result of residents' unfounded concerns that our operations are not being monitored or regulated. There is little we can do to alleviate these concerns, except to inform your department that this is not the case and to provide assurance to individuals who contact us that we have complied with all regulations relative to our operations. Thank you very much for your attention to this matter. Please contact me if you have any further questions or concerns. Respectfully, Brechan Enterprises, Inc. >ifadetu, r fax-t • _ Michael Maitin President • cc: Mike Gardner, ADEC, Kodiak Office Randy Lucas, ADEC, Fairbanks Office Patrick Carlson, Kodiak Island Borough Manager. Mike Kreger, Esq / Teresa Berwick, Esq DEPT. OF ENVIRONMENTAL CONSERVATION Division of Air and Water Quality Air Quality Compliance 555 Cordova Street Anchorage, Alaska 99501 June 6, 2002 Mr. Bill Oliver Brechan 2705 Mill Bay Road Kodiak AK 99615 RE: Open burning demolition debris on Brechan property Dear Mr. Oliver: TONY KNOWLES, GOVERNOR Phone: (907) 269-3066 Fax: (907) 269-7508 TTY: (907) 269-7511 1.)) ECEPWE 11 JUN 11 2002 COMMUNITY DEVELOPMENT DEPARTMENT Over the past several years, the Department has received numerous complaints, allegations and documented enforcement actions regarding improper open burning on the Bells Flats property. I am aware that Brechan has been burning woody demolition debris with the intention of decreasing the amount of material taken to the local landfill. It is apparent that this practice causes the local residents a great deal of concern. Residents are not convinced that Brechan is burning in compliance with regulations. It appears that every time burning is conducted on the property: residents 'call DEC to complain of the smoke and show concern that hazardous materials are being burned. This constitutes an on-going nuisance. Due to local residents' concerns, the Department requests that open burning be discontinued by Brechan and any other company or individual on the Bells Flats property. If you have any questions, please call me. Sincerely, Ann Lawton Environmental Specialist cc: Mike Gardner, DEC Kodiak Randy Lucas, DEC APP, Fairbanks 451-2149 Enclosure JUN 10 2002 ENG FAC KODIAK ISL;ND 30ROUGH 17.24.005 -- 17.24.010 Chapter 17.24 I- INDUSTRIAL DISTRICT Sections: - 17.24.005 Description and intent. 17.24.010 Permitted uses. 17.24.020 Conditional uses. 17.24.030 Lot requirements. 17.24.040 Yards. 17.24.050 Building height limit. 17.24.060 Performance standards. 17.24.005 Description and intent. The I- Industrial Zoning District is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; - C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. (Ord. 81 -40 -0 §2(part), 1981). 17.24.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B- Business District, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or. refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; 17 -59 (KIB 03/96) Supp. #14 17.24.010-17.24.030 L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; 0. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing •or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. (Ord. 92-13 §7, 1992; Ord. 81-40-0 §2(part), 1981). 17.24.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Acetylene gas manufacture or storage; B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E: Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. (Ord. 81-40-0 §2(part), 1981). 17.24.030 Lot requirements. A. Lot area. The minimum lot area required is twenty thousand (20,000) square feet. B. Lot width. The minimum lot width required is seventy-five (75) feet. (Ord. 81-40-0 §2(part), 1981). 17-60 (MB 10/98) Supp. #22 17.24.040--17.24.060 17.24.040 Yards. A. Front yards. 1. there shall be a front yard of not less than thirty (30) feet. 2. the front. y_ard,_when facing a state highway, shall .be not less than fifty (50) feet. B. Side yards. 1. there shall be a side yard on each side of a principal building of not less than twenty (20) feet, except that approved fire wall installations between adjoining structures provides for construction on the lot line. C. Rear yards. 1. there shall be a rear yard of not less than twenty (20) feet, except that approved fire wall installations between adjoining structures provides for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. (Ord. 81-40-0 §2(part), 1981). 17.24.050 Building height limit. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within fifty (50) feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. (Ord. 81-40-0 §2(part) , 1981). 17.24.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed ninety (90) decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and safety hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint. spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two- hour fire-resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. 17-61 (KIB 10/98) Stipp. #22 17.24.060 F. Open storage. Any storage shall not be located closer than twenty-five (25) feet to any street right-of-way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within one hundred (100) feet of a residential use or zone, that industry shall provide screening as approved by the commission. (Ord. 81-40-0 §2(part), 1981). 17-62 (MB 10/98) Supp. #22 Sections: IIMP.010 8.20.020 8.20.030 8.20.040 8.20.041 8.20.050 8.20.055 8.20.060 8.20.065 8.20.070 8.20.080 8.20.090 8.20.100 Chapter 8.20 SOLID WASTE COLLECTION AND DISPOSAL Policy and purpose. Dentitions. Solid waste collection and disposal service required. Repealed. Services available. Schedule of rates. Vacancy. Solid waste storage and containers. Service requests, billing and collection. Hazardous and toxic wastes. Placement for collection. General conditions of service. Baler facility and sanitary landfill. 8.20.010-8.20.020 8.20.010 Policy and purpose. It is hereby declared to be the purpose of chapter 8.20 of this title to regulate the storage, collection, processing, recovery and disposal of solid waste in order to protect the public safety, health and welfare, and to enhance the environment of the people of the borough. (Ord. 86-39-0 §2(part), 1986). 8.20.020 Defmitions. As used in chapter 8.20 of this title, each of the following terms shall have the meaning herein stated: A. "Director" is the manager or his designee; B. "Garbage" means any waste food products, food containers, kitchen refuse, and any other putrescible material; C. "Haul" means to transport either personally or by use of the services of another individual acting under the direct authority and control of the person whose garbage is transported; D. "Hazardous or toxic waste" is waste that requires special handling to avoid illness or injury to persons or damage to property as defined by the United States government and/or the state of Alaska; E. "Home business" means any business operated from a building devoted primarily to residential purposes and occupied by the proprietor or one (1) or more employees of the business, the operation of which business requires a license or permit issued by the state or federal government; F. "Putrescible solid waste" is organic solid waste matter capable of being decomposed by microorganisms except industrial waste such as fish processing by-products; G. "Rubbish or trash" means all waste material not included within the definition of garbage; 8-9 (KIB 12/2000) Supp. #30 8.20.020 -- 8.20.040 H. "Secured load" means a load of solid waste which has been tied or covered in the vehicle in a manner that will prevent any part of the solid waste from leaving the vehicle while the vehicle is moving; I. "Solid waste" is useless, unwanted or discarded material with insufficient liquid to be free flowing; J. "Solid waste collection" is 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; K. "Solid waste disposal" is the orderly process of finally disposing of solid waste; and L. "Solid waste storage" is the interim containment of solid waste, in an approved manner, after generation and prior to collection and disposal. (Ord. 98 -16 §2 (part), 1998; Ord. 86 -39 -0 §2(part), 1986). 8.20.030 Solid waste collection and disposal service required. Every person residing in or occupying a building within the corporate limits of the city of Kodiak or in the area outside cities within the borough in accord with AS. 29.35.210(a)(4) shall provide for solid waste collection and use the system of solid waste disposal provided by the borough. All solid waste generated within the borough in the area outside cities and within the city of Kodiak shall, unless exempted in writing by the finance director, be disposed of by 'delivery to qualified solid waste processing and disposal facilities located in the borough. Any licensed business operating within the Kodiak Island Borough not utilizing the solid waste collection and disposal services as defined in this chapter shall be billed and obligated to pay a minimum monthly rate in the current fee schedule as set by resolution of the assembly or an appropriate charge comparable to similar businesses. When multiple businesses utilize one dumpster, each business will share the cost of the dumpster accordingly. The finance director has the authority to exempt any business from these charges, if proven in writing that no solid waste is generated. If a business owner or an employee is observed dumping business - related trash in a public dumpster, the business will be assessed a fine in accordance to the current fee schedule as set by resolution of the assembly. The borough will maintain an appropriate site to be utilized as a baler facility and sanitary landfill for the disposal of garbage, rubbish, and trash. The baler facility will be open six (6) days per week for a minimum of six (6) hours per day. No person may deposit or dispose of any material in the baler facility maintained by the borough without first paying applicable fees established by section 8.20:050 of this_chapter_ cNo person may transport rubbish or trash to any TOcation off- site_for_the purpose_ of-disposal (g:Thurning, landfilling,_etc )- except as pr-ovided_in this section. ; el Skeet` The finance director may exempt a person from these requirements if he determines that the person requires solid waste collection and disposal service which cannot be provided by the borough system. (Ord. 95 -15 §2, 1995; Ord. 89 -17 -0 §2, 1989; Ord. 86 -52 -0 §1, 1986; Ord. 86 -39 -0 §2(part), 1986). 8.20.040 Services available. (Repealed and reenacted as section 8.20.041 of this chapter by Ord. 86 -52 -0 §2, 1986; Ord. 86 -39 -0 §2(part), 1986). 8 -10 (KIB 12/2000) Supp. #30 8.20.041 8.20.041 Services available. A. The following categories of service are available under the system of collection and disposal provided by the borough: 1. residential can or bag service shall be available within the corporate limits of the city of Kodiak to each dwelling unit occupied by related persons or by five (5) or fewer unrelated persons, on a once-a-week basis, except on dead-end streets and alleys with no turnaround, where dumpsters will be provided on a ratio of one (1) dumpster per ten (10) to fifteen (15) dwelling units; 2. residential carryout service, consisting of collection of bagged garbage, rubbish, and trash from a location within or in close proximity to the dwelling unit, will be provided at a charge in addition to the charge for established residential can or bag service. Carryout means transporting the garbage from the residence or building to the collection point; 3. residential dumpster service on a ratio of one (1) dumpster to ten (10) to fifteen (15) dwelling units located within apartment buildings, trailer courts, and other locations where utilization of a centralized collection location is reasonably convenient to the customers, necessary to the efficient collection of garbage, rubbish, and trash, and a suitable location for a dumpster if available. Residential dumpster service shall be available in all areas where service is provided outside the corporate limits of the city of Kodiak. Dumpsters will be located at or near intersections of feeder roads and main arterial roads; 4. commercial can service will be available to business premises on the basis of one (1) per week. Services shall be limited to four (4) thirty (30)-gallon bags or cans per collection. Commercial can service shall also be made available to all dwelling units, within the city limits, that are not eligible for residential bag service or home business service; and 5. commercial dumpster service will be provided to business establishments with a collection frequency between one (1) and seven (7) times per week with dumpster capacities ranging from two (2) to six (6) cubic yards, as selected by the customer. Federal facilities may provide their own system of collection services or may contract with the borough for such services. B. Items such as beds, water heaters, furnaces, major appliances, and similar bulky household items discarded by individuals utilizing the established collection service should be taken directly to the landfill by the owner. Collection of such items will be provided once a month as part of the residential service, at no additional charge, except for the months of December, January, February and March. C. The category of service to be provided and utilized, as well as the frequency of collection necessary to conform to the health requirements, shall be determined by the environmental engineer in conformance with the provisions of this chapter. Prior to any change in category or classification of service, the environmental engineer shall send a notice to the person affected by the change, requesting the person to appear and confer with the environmental engineer within seven (7) days from the date of mailing or personal delivery of the notice. The notice shall specify the former classification or category of service, the proposed new category of service, the date and place to appear to discuss the change in classification, and shall invite the person or persons affected by the change to appear and present any basis that may exist for modifying or nullifying the proposed change in category of service. (Ord. 96-20 §2(part), 1996;Ord. 86-52-0 §2, 1986). 8-11 (KIB 12/2000) Supp. #30 8.20.050 -- 8.20.060 8.20.050 Schedule of rates. A. The rates to be charged for garbage collection and disposal, including the operation and maintenance of the baler facility and the sanitary landfill, will be set by resolution of the assembly at such rates as is necessary to make the garbage disposal service operate as a non - subsidized free standing operation. Payment should be made in cash at the time of delivery, except commercial users may make arrangements for a monthly billing. B. Unsecured loads transported by cars, pickups or trailers eight (8) feet or less in length shall be charged ten (10) dollars more than the secured load charge. All other unsecured loads shall be charged thirty (30) dollars more than the secured load charge. C. Borough baler facility charge accounts: 1. individuals or firms which regularly use the baler facility may obtain a charge account. Applications to establish an account may be obtained from the director of finance or his designee. All applications are subject to approval by the director of finance or his designee; 2. charges for which credit is extended will be billed monthly and are due within ten (10) days after the bill is mailed; and 3. charging privileges may be revoked without notice to the account owner ,at any time an account becomes delinquent. (Ord. 96 -20 §2(part), 1996; Ord. 86 -39 -0 §2(part), 1986). 8.20.055 Vacancy A. No reduction of charges will be made on partially vacant or vacant premises unless the director of finance has first been notified of such intended vacancy. No allowance will be made for a vacancy period of less than thirty (30) days. The garbage account will be billed according to the fee schedule as set by resolution during the recognized vacancy period. B. When such a vacancy occurs, the property owner will certify in writing that the premises are vacant and will indicate the length of vacancy anticipated. The property owner of vacant premises will be required to recertify in writing that the premises remains in a vacant status when the duration of such- vacancy exceeds one hundred eighty (180) days from the original certification or recertification. The property owner will notify the director of finance immediately when the premises are again occupied. If the premises are found to be occupied and the director of finance is not notified, the account will be back - billed as if no vacancy occurred. (Ord. 96 -20 §2(part), 1996; Ord. 95 -15 §3, 1995). 8.20.060 Solid waste storage and containers. All garbage, rubbish, and trash placed for collection shall be contained or secured by one of the following methods: A. In plastic bags having a minimum thickness of 2.0 "mils and a maximum capacity of thirty (30) gallons, securely tied and unbroken. The contents of each bag shall not weigh more than thirty (30) pounds; B. In metal or plastic cans having a maximum capacity of thirty-two (32) gallons, a maximum empty weight of twenty (20) pounds, a maximum loaded weight of sixty (60) pounds. Cans shall be tapered outward toward the top and so loaded that the contents will readily fall from the container when the lid is removed and the can is inverted. The cans shall be equipped with 8 -12 (MB 12/2000) Supp. #30 •8.20.060-8.20.065 handles that are easily gripped with a gloved hand and a lid that can be readily removed for emptying. If lids are tied to cans, they shall be secured in such a manner that the lid is held by elastic cord, is easily removed from the top of the can and hugs tight to the side of the can when removed from the top of the can. Cans and lids shall be maintained in good repair and shall exclude water; C. Bulky items of trash may be secured in tied bundles not over fifteen (15) inches in diameter, thirty-six (36) inches in length, and having a maximum weight of thirty (30) pounds; D. Ashes, soot, kitty litter, excrement, and other objectionable and obnoxious material shall be placed in securely tied plastic bags and shall not be placed loose in cans; E. Garbage, rubbish, and trash accumulating between regular scheduled collection days shall be stored in containers or locations which exclude dogs, cats, rats, rain, and snow and shall be protected in some manner so that the container will not be easily tipped by dogs or windstorms; F. Solid waste shall not be stored longer than the period between scheduled collections and/or a maximum of two weeks; G. All putrescible solid waste shall be drained of surplus liquids and shall be securely wrapped in paper or placed in watertight bags before being placed in containers; H. No person shall deposit solid wastes upon any street, alley, city or borough property, or upon any property or in any container owned by another unless he does so with the consent of the property owner; and I. No person having the care as owner, lessee, agent, or occupant of any premises shall not store solid wastes for collection purposes except in a clean and sanitary manner and in accordance with all other applicable federal, state and municipal statutes, ordinances, rules, and regulations. The borough reserves the right to clean such premises if not properly kept and to add the cost thereof to the utility bill of such person, and to prosecute such person for noncompliance with this code. (Ord. 96-20 §2(part), 1996; Ord. 86-39-0 §2(part), 1986). 8.20.065 Service requests, billing and collection. A. Each person making an initial request for collection service shall complete, sign, and submit an application to the borough on a form prescribed by the director of fmance, specifying the premises to be served, the type of service, the address to which billing shall be sent, and such other information as may be determined to be necessary by the director of fmance. B. Billing for service will normally be in the customer's hands prior to the tenth of the subsequent month. The person subscribing to the collection service shall be billed either directly by the city of Kodiak, the borough, or by the contractor performing the service on behalf of the borough. Billings by the borough for garbage collection service may be combined with billings for other borough services in an itemized billing setting forth the charge for each service provided. C. Payments for garbage collection and disposal service shall normally be made monthly on or before the twenty-fifth (25th) day of each month and billings may require payments to be made in advance. Payments for garbage collection service that are not timely made shall be subject to late charges as outlined in section 13.01.155 of this code. D. If the borough determines that a person applying for service, who is not the owner of the premises to be served, has not established credit in the community sufficient to create a reasonable belief that billings for garbage collection will be timely paid, the borough may require the 8-13 (KIB 12/2000) Supp. #30 8.20.065 -- 8.20.080 applicant to post a deposit in an amount equal to two (2) months billings for the collection service requested. The deposit shall be retained by the borough for a period of one (1) year, after which it will be returned on a request of the person making the deposit if a record of timely payment has been established. Deposits posted with the borough will not be escrowed and the depositor will not earn interest during the period the funds are retained by the borough. E. Every charge to a person made by the borough in connection with garbage collection, to include, but not limited to, residential can or bag service, residential carry -out service, residential dumpster service, commercial bag service, and commercial dumpster service, constitutes a lien chargeable against the property and has a status the same as if the charge had been levied or assessed as a property tax. The lien may be foreclosed by the borough in the same manner as any other lien or mortgage against the property for nonpayment. (Ord. 96 -20 §2(part), 1996; Ord. 95- 15 §4, 1995; Ord. 94 -07 §2, 1994; Ord. 91 -07 §2, 1991; Ord. 86 -52 -0 §3, 1986). 8.20.070 Hazardous and toxic wastes. A. Except as provided in this chapter: 1. no person shall dispose of hazardous or toxic wastes within the borough; and 2. no person shall dispose of hazardous or toxic wastes generated within the borough. B. Hazardous and toxic wastes that the environmental engineer determines can be safely and efficiently disposed of at borough disposal facilities shall be separately contained, clearly, identified and delivered to a designated disposal facility upon such reasonable notice as the environmental engineer may require. C. Hazardous and toxic wastes which the environmental engineer determines cannot be both safely and efficiently disposed of at borough disposal facilities shall be disposed of in such a manner as to prevent any hazard, damage, or injury to persons or property, and shall, in addition, be disposed of in accordance with any and all applicable federal, state and municipal statutes, ordinances, rules and regulations. (Ord. 96 -20 §2(part), 1996; Ord. 86 -39 -0 §2(part), 1986). 8.20.080 Placement for collection. A. If garbage containers are placed or maintained in racks for collection, the racks shall be constructed to meet the following criteria: 1. the surface upon which the garbage container rests shall have no latches, and shall be constructed so they will not close automatically when opened; 2. covers for racks shall be hinged or sliding, shall have no latches, and shall be constructed so they will not close automatically when opened; 3. racks may not be placed or located on the traveled right -of -way; 4. if racks are utilized by adjacent premises, the racks shall be located next to each other near the common boundary line of the two (2) properties unless prevented by physical obstructions; and 5. all racks shall be maintained in good condition and repair. B. Collection of garbage, rubbish, and trash shall be on the day determined and specified by the borough or its authorized contractor. C. Items to be collected shall be placed within five (5) feet of the route of the collection vehicle and shall be placed loose on the ground, on the day of collection only. 8 -14 (MB 12/2000) Supp. #30 8.20.080 -- 8.20.100 D. If the premises are adjacent to more than one (1) street or alley, the collection point for all garbage services shall be located on the same street or alley unless otherwise specified by written notice to the occupant from the borough or its authorized contractor. E. Access from the traveled way to the garbage, rubbish, and trash placed for collection shall be of a firm accessible route, free from obstacles and obstructions. (Ord. 86 -52 -0 §4, 1986: Ord. 86 -39 -0 §2(part), 1986). 8.20.090 General conditions of service. A No garbage, rubbish, or trash may be placed for collection or collected, hauled or disposed of in a manner that is unnecessarily offensive to any person or property. B. Vehicles utilized for the collection of garbage, rubbish, and trash shall be equipped with a reasonably tight container body and a suitable cover that will prevent filtration, blowing, or scattering of ashes, leaves, or debris, or loss of any material or item being hauled as a result of road shocks or other normal conditions. C. Vehicles used for the collection of garbage, rubbish, and trash shall be kept clean, well painted, and in good repair, and shall be thoroughly flushed and washed each day. (Ord. 86 -39 -0 §2(part), 1986). 8.20.100 Baler facility and sanitary landfill. • A. The borough will maintain an appropriate site to be utilized as a baler facility and sanitary landfill for the disposal of garbage, rubbish, and trash. B. No person may deposit or dispose of any material in the baler facility maintained by the borough without first paying applicable fees established by resolution of the assembly. (Ord. 86- 52-0 §5, 1986). 8 -15 (MB 12/2000) Supp. #30 8.30.010 -- 8.30.040 Chapter 8.30 INCINERATORS AND OPEN BURNING Sections: 8.30.010 Applicable to road system. 8.30.020 Garbage burning prohibited. 8.30.030 Incinerators -- Approved types. 8.30.040 Incinerators -- Outdoor burning regulations. 8.30.050 Open burning. 8.30.060 Special permits. 8.30.070 Revocation of permits. 8.30.080 Recreational fires. 8.30.090 Recreational fires prohibited. 8.30.100 Liability and responsibility. 8.30.010 Applicable to road system. This chapter applies to all persons and property on the Kodiak Island road system. (Ord. 97 -15 §2(part), 1997). 8.30.020 Garbage burning prohibited. The burning of garbage, either inside or outside of buildings, is prohibited. (Ord. 97 -15 §2(part), 1997). 8.30.030 Incinerators -- Approved types. Out -of -doors burning of paper and other burnable materials is authorized in an approved -type incinerator and in accordance with the rules and regulations prescribed in this chapter. Approved types of incinerators are: A. A standard fifty -five (55) gallon oil drum, eighteen (18) gauge, provided that: 1. the bottom of the drum be perforated with sufficient holes to provide draft adequate for the complete burning of combustible materials; 2. the drum be raised above the ground and supported with non - combustible material so that there is adequate circulation for the draft to function; and 3. a screen top of not more than one -half (1/2) inch mesh is used to cover the open top of the drum whenever trash is being burned. B. The National Fire Protection Association's pamphlet number 82, current edition, pertaining to commercial and industrial incinerators, rubbish handling, and the installation and use of incinerators and rubbish chutes and disposal of rubbish is adopted as the standard to be used and by reference is made part of this chapter and has the force and effect as though set out in full in this chapter. Copies of pamphlet number 82 are available in the office of the city of Kodiak fire marshall. (Ord. 97 -15 §2(part), 1997). 8.30.040 Incinerators -- Outdoor burning regulations. The out -of -doors burning of paper and other burnable materials in, and the use of, incinerators prescribed by section 8.30.030 of this chapter must be not less than fifteen (15) feet from any structure and is subject to these rules and regulations: A. Burning is allowed only between sunrise and sunset and when authorized by annual permit. 8.30.040 -- 8.30.080 B. Burning is prohibited when wind speed is fifteen (15) knots or greater. C. Burning of any material that gives off a dense or offensive smoke is prohibited; e.g. plastics, rubber, petroleum products. D. The burning of garbage and other slow burning materials in incinerators is prohibited. It is the intent of this chapter to provide authority and prescribe an inexpensive type incinerator to burn papers so as to readily burn and create as little fire hazard as possible. Nothing in this chapter is to be construed as advocating the burning of materials more suitably disposed of through available recycling programs. E. Incinerators must be attended at all times when in use. (Ord. 97 -15 §2(part), 1997). 8.30.050 Open burning. The burning of grass, tree branches, scrap lumber, and other burnables which are not to be burned in incinerators prescribed in this chapter may be burned out -of- doors, provided a permit is obtained as prescribed in this chapter and further provided the person obtaining such a permit is in attendance or causes another adult to be in attendance during the period of such burning. A. An annual written permit for all burning authorized by this chapter shall be obtained prior to burning any materials authorized by this chapter. Burning permits shall be issued at advertised locations. B. Permits shall state: 1. the requirements for notifying the fire department when burning is intended; 2. that an adult must be in attendance at all times; 3. the hours and wind speed during which burning may be conducted; 4. the required special equipment such as fire extinguisher, fire hose, or fire truck; 5. that burning is to be conducted not less than fifty (50) feet from any structure, or less than twenty -five (25) feet from any structure if the burn pile is three (3) feet or less in diameter and two (2) feet or less in height; and 6. such other safety precautions as may be required by the official authorizing the issuance of the permit. (Ord. 97 -15 §2(part), 1997). 8.30.060 Special permits. Special permits may be issued to building contractors or other persons whose business requires frequent burning of materials covered by this chapter. Such permits, in addition to the requirements of this chapter, may contain such further restrictions and requirements as the officials authorizing the permit deem necessary in the interest of minimizing fire hazards. (Ord. 97 -15 §2(part), 1997). 8.30.070 Revocation of permits. Any permit issued under this chapter is revocable by any authorized fire department official or the. manager. (Ord. 98 -16 §2 (part), 1998; Ord. 97 -15 §2(part), 1997). 8.30.080 Recreational fires. Fires less than three (3) feet in diameter and two (2) feet in height and contained in camp fire pits, outdoor fireplaces, or barbeque pits and used for pleasure, religious, ceremonial, cooking, or similar purposes are permitted without burning permits, provided there is an adult in attendance at all times. (Ord. 97 -15 §2(part), 1997). 8.30.090--8.30.100 8.30.090 Recreational fires prohibited. Recreational fires are prohibited during times of high fire danger as determined by the fire department official or state department of natural resources. (Ord. 97-15 §2(part), 1997). 8.30.100 Liability and responsibility. No provision of this chapter is intended to reduce the responsibility or liability for any personal or property damage caused by negligence while burning with or without a burning peimit. (Ord. 97-15 §2(part), 1997).