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1985-22 Adopt Garbage and Solid Waste Collection from the City of KodiakAN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH CODE TO ADOPT GARBAGE AND SOLID WASTE COLLECTION AND DISPOSAL POWERS IN THE AREA OUTSIDE CITIES AND ACCEPT THE TRANSFER OF SUCH POWERS FROM THE CITY OF KODIAK. / WHEREAS, the Kodiak Island Borough and the City of Kod7Lak have been pursuing closing out the old landfill and implementing a garbage baler OQ WHEREAS, the funds to achieve this goal havw3 obtained from and improved landfill operation, and the State of Alaska and construction should be completed in the fall of 1985, and / WHEREAS, the area served by the baler and landfill exceeds the City of Kodiak and it now becomes necessary fo he. Kodiak Island Borough to operate the baler and landfill, and ' / i WHEREAS, Alaska Statute 29.48.026) / authorizes the Kodiak Island Borough, in the area outside cities, to *vide for garbage and solid waste collection and disposal and Alaska Stte 29 48.030(a)(17) also allows any municipality to exercise these power and WHEREAS, Alaska Statue 29.33. 110 provides that a city may trans- fer to the first or second clasgrough in which it is located any of its powers or functions subject KODIAK ISLAND BOROUGH ORDINANCE NO. 85 -22 -0 proval of the Borough Assembly, and WHEREAS, the Councli of Ehe City of Kodiak adopted Ordinance Number 762 on April 11, Wtraferring garbage and solid waste collec- tion and disposal powes. -CO the Island Borough subject to certain conditions. NOW, THEREFORE, B'E IT ORDAINED by the Kodiak Island Borough Assembly that the Kodiak Island Borough adopts garbage and solid waste collection and disposal powers in the area outside cities effective upon the completion and imOlementation of the garbage baling facility, and BE IT FURTHER ORDAINED that the Kodiak Island Borough accepts the transfer of rbage and solid waste collection and disposal powers within the City of Kodiak effective at a mutually acceptable date when the conditions of /the transfer are fully met but not later than December 31, 1986, and E IT FURTHER ORDAINED that the Kodiak Island Borough Code is hereby ended to add Chapter 8.20 Solid Waste Collection and Chapter 8.30 Solid aste Disposal as follows: / Sections: 8.20.010 8.20.020 8.20.030 8.20.040 8.20.050 8.20.060 8.20.070 8.20.080 8.20.090 8.20.100 Chapter 8.20 SOLID WASTE COLLECTION Policy and purpose. Definitions. Solid waste collection service required. Services available. Schedule of rates. Service requests, billing and collection. Solid waste storage and containers. Placement for collection. General conditions of service. Baler facility and sanitary landfill. 8.20.010 Policy and purpose. It is hereby declared to be the purpose of Chapters 8.20 and 8.30 of this code 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 Kodiak Island Borough. 8.20.020 Definitions. As used in Chapters 8.20 and 8.30 each of the following terms shall have the meaning herein stated: B. refuse, A. "Director" is the Borough Mayor or his designee. "Garbage" means any waste food products, food containers, kitchen 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 hand- ling to avoid illness or injury to persons or damage to property. E. "Home business" means any business operated from a building devoted primarily to residential purposes and occupied by the proprietor or one 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. 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 content 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 to a place of solid waste disposal. R. "Solid waste disposal" is the orderly process of finally dispos- ing of solid waste. L. "Solid waste in an approved manner, posal. Ordinance No. 85 -22 -0 storage" is the interim containment of solid waste after generation and prior to collection and dis- 8.20.030 Solid waste collection 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 Kodiak Island Borough in accord with AS 29.48.020(5) and AS 29.48.030(a)(17) shall use the system of solid waste collection and disposal provided by the borough. The director may exempt a person from this requirement if he determines that the person requires solid waste collection and disposal service which cannot be pro- vided by the Kodiak Island Borough system. This system shall be maintained and operated either through the utilization of Kodiak Island Borough officials and employees or the services of an independent contractor, as the Assembly may from time to time determine to be in the best interest of the Kodiak Island Borough. 8.20.040 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 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 dumpster per ten to fifteen dwelling units. 2. Residential carryout service, consisting of collection of bagged garbage, rubbish, and trash from a location within or in close prox- imity to the dwelling unit, will be provided at a charge in addition to the charge for established residential pay service. 3. Residential dumpster service on a ratio of one dumpster to ten to fifteen 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 effic- ient collection of garbage, rubbish, and trash, and a suitable location for a dumpster is 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 bag service will be available to business pre- mises on the basis of collections once per week to two times per week. Services shall be limited to four bags per collection. Commercial bag service shall also be made available to all dwelling units that are not eligible for residential bag service or home business service. 5. Commercial dumpster service will be provided to business establishments with a collection frequency between one and seven times per week with dumpster capacities ranging from two to six cubic yards, as selected by the customer. Dumpsters shall be placed in a location prov- ided by the customer. 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. C. The category of service to be provided and utilized, as well as the frequency of collection necessary to conform to the health require ments, shall be determined by the director in conformance with the provi- sions of this chapter. Prior to any change in category or classification of service, the director shall send a notice to the person affected by the change, requesting the person to appear and confer with the director within seven 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 dis- cuss 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. 8.20.050 Schedule of rates. The rates to be charged for garbage collec- tion, hauling, and disposal, including the operation and maintenance of the ' baler facility and the sanitary landfill, are as follows: Weekly Services Monthly Charge Residential service Residential carryout Commercial bag Four bags per collection, lx /wk Four bags per collection, 2x /wk ...,..,,- v.. oc_ll_n $17.00 per unit 10.00 20.00 37.50 The rate of residential carryout service shall be in addition to the charge for residential bag service and shall be applicable to each fifty feet of distance or fraction thereof between the boundary of the nearest right -of- way from which collection is normally made to the site where the garbage is placed for collection, with each stair step to count as an extra foot. No. of Pickups Per Week Commercial Dumpster Service Dumpster Size in Cubic Yards 2.0 2.6 3.0 3.3 4.0 5.0 6.0 1 $ 35.00 $ 45.00 $ 51.00 $ 56.00 $ 65.00 $ 76.00 $ 85.00 2 70.00 90.00 102.00 112.00 130.00 152.00 160.00 3 105.00 135.00 153.00 168.00 195.00 228.00 255.00 4 134.00 173.00 196.00 215.00 250.00 292.00 326.00 5 166.00 214.00 242.00 266.00 309.00 361.00 404.00 6 197.00 254.00 288.00 316.00 367.00 429.00 479.00 7 245.00 315.00 357.00 392.00 455.00 532.00 595.00 The charge for commercial dumpster service for compacted materials is one and one -half times the standard rate. Commercial dumpster rental shall be in addition to the above rates, as follows: 0 - 4.9 yd. dumpsters 5.0 - 6.0 yd. dumpsters 8.20.060 Service requets, billing and collection. Ordinance No. 85 -22 -0 $15.00 /mo. 20.00.mo. A. Each person making an initial request for collection service shall complete, sign, and submit an application to the Kodiak Island Borough on a form prescribed by the director, specifying the premises to be served, the type of service requested, the address to which billing shall be sent, and such other information as may be determined to be necessary by the director. The initial monthly payment for the requested service shall be remitted with the application. B. On or about the first day of each month the person subscribing to the collection service shall be billed either directly by the borough or by the contractor performing the service on behalf of the borough. Bill- ings 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 service shall normally be made monthly on or before the fifteenth day of each month and billings may require payments to be made in advance. Payments that are not timely made shall be subject to a ten percent penalty charge that will be added to the billing for the next monthly period. In addition, payments that are not timely made shall accrue interest at the rate of eight percent per year from the first day of the month following the month during which the billing was payable. Timelines shall be determined by payment history. It is not the intent of the borough to be assessing penalties and interest because a customer overlooks payment of his bill for a month. 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 appli- cant to post a deposit in an amount equal to two months billings for the collection service requested. The deposit shall be retained by the borough for a period of one year after which it will be returned on request of the person making the deposit if a record of timely payment has been establish- ed. Deposits posted with the borough will not be escrowed and the deposit- or will not earn interest during the period the funds are retained by the borough. 8.20.070 Solid waste storage and containers. All garbage, rubbish, and trash placed for collections 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 minimum capacity of thirty gallons, securely tied and unbroken. The con- tents of each beg shall not weigh more than thirty pounds. B. In metal or plastic cans having a maximum capacity of thirty -two gallons, a maximum empty weight of twenty pounds, a maximum loaded weight of sixty 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 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 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 inches in diameter, thirty -six inches in length, and having a maximum weight of thirty 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 wind- storms. F. Solid waste shall not be stored longer than the period between scheduled collections. 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 the 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. I. No person having the care, as owner, lessee, agent or occupant, of any premises shall 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. 8.20.080 Placement for collection. A. Collection of garbage, rubbish, and trash shall be on the day determined and specified by the borough or its authorized contractor. B. Items to be collected shall be placed within five feet of the route of the collection vehicle and shall be placed loose on the ground, on the day of collection only. C. If the premises are adjacent to more than one 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. D. Access from the traveled way to the garbage, rubbish, and trash placed for collection shall be of a firm level route, free from obstacles and obstructions. E. If garbage containers are placed or maintained in racks for col- lection, the racks shall be constructed to meet the following criteria: 1. The surface upon which the can container rests shall have no latches, and shall be constructed so they will not close automatically when opened. Ordinance No. 85 -22 -0 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. No obstruction to movement of cans may require the can to be lifted more than four inches to clear the rack. 4. No portion of the rack may be constructed in a manner so a to interfere with or obstruct the removal or replacement of the can. 5. Racks may not be placed or located on the traveled right -of- way 6. If racks are utilized by adjacent premises, the racks shall be located next to each other near the common boundary line of the two properties unless prevented by physical obstructions. 7. All racks shall be maintained in good condition and repair. F. Materials to be picked up under the residential carryout service shall be placed in plastic bags. 8.20.090 General conditions of service. A. Garbage, rubbish, and trash produced by or resulting from any type of commercial or business venture will not be eligible for residential service and shall be collected, hauled, and disposed of under the provisions relating to commercial service, except as provided for in the case of home business and rooms for rent. B. The collection service established and provided by the borough shall be utilized only for the collection of garbage, rubbish, and trash created or produced on the premises receiving the service. C. No garbage, rubbish, or trash may be placed for collection or collected, bauled, or disposed of in a manner that is unnecessarily offensive to any person or property. D. The collection service established by the borough does not provide for the collection of rock, dirt, snow, ice, water, automobile parts, or dead animals, and those items, materials, and substances shall not be placed for collection. E. 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 the result of road shocks or other normal conditions. F. Vehicles used for the collection of garbage, rubbish, and trash shall be kept clean, well pointed, and in good repair, and shall be thor- oughly flushed and washed each day. G. No person other than an officer or employee of the borough, or an officer or employee of a contractor authorized by the borough, may collect, transport, or dispose of any garbage, rubbish, or trash created or produced within the corporate limits of the City of Kodiak or in the area outside cities within the Kodiak Island Borough for any other person, whether or not for compensation, unless collection and disposal by the individual owning or occupying the premises would be authorized under the provisions of subsection C of this section and the transportation or disposal is per- formed gratuitously. 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. The baler facility will be open six days per week for a minimum of six hours per day. B. Each person disposing of any material within the baler facility maintained by the borough shall pay a fee to be determined based upon the following schedule: 1. Residential trash. No charge. 2. Commercial trash. a. Compactible loads, two dollars per cubic yard; b. Noncompactible loads, three dollars per cubic yard. Ordinance No. 85 -22-0 The fees set forth in this section shall not be charged to the borough, its officers, or employees, or to any contractor authorized to operate and maintain the borough garbage collection and disposal system. C. No person may deposit or dispose of any material in the baler facility maintained by the borough without first paying applicable fees established by subsection B of this section. Sections: 8.30.010 Requirements. 8.30.020 Disposal rates. 8.30.030 Hazardous and toxic wastes. 8.30.040 Charges. 8.30.010 Requirements. All solid waste generated within the Kodiak Island Borough in the area outside cities and within the City of Kodiak shall, unless exempted in writing by the director, be disposed of by delivery to qualified solid waste processing and disposal facilities located in the Kodiak Island Borough. 8.30.020 Disposal rates. The Assembly shall, by ordinance, establish charges for solid waste disposal services. 8.30.030 Hazardous and toxic wastes. A. Except as provided in this chapter: 1. No person shall dispose of hazardous or toxic wastes within the Kodiak Island Borough; and 2. No person shall dispose of hazardous or toxic wastes generated within the Kodiak Island Borough. B. Hazardous and toxic wastes that the director 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 director may require. C. Hazardous and toxic wastes which the director 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 injuiry 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. 8.30.040 Charges. A. The following solid waste processing and disposal user charges shall apply to secured loads at the baling facility and /or sanitary landfill. 1. When motor truck scales are utilized, the user charge shall be $20.00 per ton of solid waste delivered for disposal. 2. When motor truck scales are not utilized the user charges shall be $2.00 per cubic yard of solid waste delivered for disposal. 3. For solid waste which requires special handling at the baler facility, including but not limited to vehicles and vehicle parts, trailers, large animal carcasses and for hazardous materials or toxic chemicals which have the potential to cause illness or injury to persona or damage to property or the environment and which are determined can be safely disposed of, a charge shall be determined by the director or his designee prior to disposal. This charge shall be based on time, equipment and materials used. The Kodiak Island Borough reserves the right to reject any solid or liquid waste requiring special handling. 4. Kodiak Island Borough processing and disposal facility charges are subject to immediate cash payment unless the person or firm Ordinance No. 85 -22 -0 Page 7 Chapter 8.30 SOLID WASTE DISPOSAL using the solid waste processing and disposal services has a current permit as provided for in C of this section. B. Unsecured loads transported by cars, pickups or trailers eight feet or less in length shall be charged $10.00 more than the secured load charge described in subsection A of this section. All other unsecured loads shall be charged $30.00 more than the secured load charge described in subsection A of this section. C. Borough baler facility permits accounts. 1. Individuals or firms which regularly use the baler facility may obtain a permit card which authorizes the baler facility transactions. Applications for a permit may be obtained from the director or his designee. All applications are subject to approval by the finance director or his designee. 2. Customers will not be allowed to charge transactions unless they present a valid permit card to the baler facility attendant. 3. Charges for which credit is extended under a permit card will be billed monthly and are due within 10 days after the bill is mailed. 4. Failure to maintain a permit account in a current condition may subject the permit to cancellation at any time without notice to the permit holder. ATTEST: By Borough Clerk PASSED AND APPROVED this day of , 1985. First Reading, Approval Date: Second Reading, Public Hearing, Approval Date: Effective Date: Ordinance No. 85 -22-0 KODIAK ISLAND BOROUGH By Borough Mayor