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