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1986-39 Relating to Solid Waste Collection and DisposalAN ORDINANCE OF THE KODIAK ISLAND BOROUGH RELATING TO SOLID WASTE COLLECTION AND DISPOSAL 1 WHEREAS, the Kodiak Island Borough, by passage of Ordinance No. 86 -34 -0, assumed the powers of solid waste collection and disposal within the City of Kodiak; and WHEREAS, with passage of Ordinance No. 86- 35` -0, the Borough will assume the same power in the area outside the cities; NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: This ordinance is of a permanent and general nature and shall become a part of the Code of Ordinances. Section 2: A new chapter, 8.20, Solid Waste Collection and Disposal, ' is hereby enacted. Section 3: This ordinance becomes effective at such time as the baler facility is fully operational. ATTEST: PASSED AND APPROVED THIS 2 DAY OF October , 1986. Ordinance No. 86 -39 -0 Page 1 of 4 KODIAK ISLAND BOROUGH ORDINANCE NO. 86 -39 -0 First Reading, Approval Date: September 4, 1986 Adoption Date: October 2, 1986 ough Mayor siding Officer Second Reading, Public Hearing, Approval Date: October 2, 1986 Ordinance No. 86 -39-0 'Page 2 of 4 Chapter 8.20 SOLID WASTE COLLECTION AND DISPOSAL Sections: 8.20.010 Policy and purpose. 8.20.020 Definitions. 8.20.030 Solid waste collection and disposal service required. 8.20.040 Services available. 8.20.050 Schedule of rates. 8.20.060 Solid waste storage and containers. 8.20.070 Hazardous and toxic wastes. 8.20.080 Placement for collection. 8.20.090 General conditions of service. 8.20.010 Policy and purpose. It is hereby declared to be the purpose of Chapter 8.20 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 Chapter 8.20, each of the following terms shall have the meaning herein stated: A. "Director" is the Borough Mayor 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 Stated 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 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 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. L. "Solid waste storage" is the interim containment of solid waste, in an approved manner, after generation and prior to collection and disposal. 8.20.030 Solid waste collection and disposal 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 AS29.48.020(5) and AS 29.48.030(a)(17) shall provide for solid waste collection and use the system of solid waste disposal provided by the borough. All solid waste generated within the Kodiak Island Borough in the area !I 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. 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. 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. 8.20.040 Services available. A. Each resident shall collect his or her solid waste and dispose of or contract with a properly licensed collection agency to dispose of such solid waste at the Kodiak Island Borough garbage baling facility during the normal hours of operation. B. Items such as beds, water heaters, furnaces, major appliances, and similar bulky household items discarded by individuals or construction waste, tree stumps, and other bulky items should be taken directly to the landfill. 8.20.050 Schedule of rates. A. The rates to be charged for garbage disposal, including the operation and maintenance of the baler facility and the sanitary landfill, will be set by the Assembly by resolution 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 feet or less in length shall be charged $10.00 more than the secured load charge. All other unsecured loads shall be charged $30.00 more than the secured load charge. C. Borough baler facility permit 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. 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 I minimum capacity of thirty gallons, securely tied and unbroken. The contents of each bag 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. Can 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 ties 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 1 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 Ordinance No. 86 -39-0 Page 3 of 4 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 property knot, and to add the cost thereof to the utility bill of such person, and to prosecute such person for noncompliance with this code. 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. 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 8.20.070 Hazardous and toxic waste. 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 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. 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 1. The surface upon which the can container rests shall have no 'latches, and shall be constructed so they will no 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 properties unless prevented by physical obstructions. 5. All racks shall be maintained in good condition and repair. 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 j 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. Ordinance No. 86 -39 -0 Page 4 of 4