FY2026-18 Amending Title 8 Health And Safety Chapter 8.25 Solid Waste Collection And Disposal1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2026-18
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 8 HEALTH AND SAFETY CHAPTER 8.25 SOLID WASTE COLLECTION AND
DISPOSAL
WHEREAS, the procedures set forth in Chapter 8.25 of the Kodiak Island Borough Code should
be updated to clarify language and requirements of the public for solid waste services; and
WHEREAS, the Kodiak Island Borough Assembly established the Solid Waste Contract
Committee (SWCC) to evaluate, develop, and clarify inconsistencies and ambiguities present in
the current solid waste contract and Borough Code; and
WHEREAS, The SWCC was also tasked with developing a new contract for when the current
contract expires and to provide suggest changes to the Borough Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Section 1.20.050, Fine Schedule, of the Kodiak Island Borough Code of
Ordinances is amended to modify the references for violation of KIBC 8.25.070(B) to
read as follows:
Ordinance No. FY2026-18
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9#&RS--)
KIBG .
/�
Clllod— 1A1oo+o Ste gage aR d Cod 1 111 ��iTm
nff�)
KIBG Q 25 070(()(` )(b)
Il d I.A.1aste Sterage aR d Set Out (314
nff
KIBG Q 25 070(13)(3)(()Storage$1,000
aR d s bseq, -ept Affonoocl
KIBC 8.25.030 (A)
Property Owner Not Subscribed to Solid
$50 first offense
$100 second offense
Waste Services
$300 third offense
KIBC 8.25.030 (B)(3)
Unauthorized Solid Waste Container
$50 first offense
$100 second offense
$300 third offense
Ordinance No. FY2026-18
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KIBC 8.25.060 (B)
Solid Waste Storage Causing Public
$100 per day
Nuisance
KIBC 8.25.080 (D)
Unauthorized Use of the Borough
$100 first offense
$300 second offense
$1000 third offense
Landfill
KIBC 8.25.090 (E)
Improper Hazardous Waste Disposal
$100 first offense
$300 second offense
$1000 third offense
Litter.
KIBC 8.25.100 (C)
Disposal of Unpermitted Solid Waste
$100 first offense
$300 second offense
$1000 third offense
KIBC 8.25.110 (A)
Burning of Solid Waste
$100 first offense
$300 second offense
$1000 third offense
KIBC 8.25.120 (D)
Scavenging and Tampering of Solid
$100 first offense
$300 second offense
$1000 third offense
Waste or Containers
Section 3: That Section 8.25 Solid Waste Collection and Disposal of the Kodiak Island Borough
Code of Ordinances is amended to read as follows:
Chapter 8.25
SOLID WASTE COLLECTION AND DISPOSAL
Sections:
8.25.010
Purpose.
8.25.020
Definitions.
8.25.030
Solid Waste Services.
8.25.040
Contract Hauler Refusal of Service. Solid ,.rite a,,,,,,Fnulati„n and PFeVe RtieR rii
ni iicnursaRGe
8.25.050
Litter.
8.25.060
Solid Waste Accumulation and Prevention of Nuisance. Selig waste GGI!eG+i,,.,
seFV'Ga-
8.25.070 Transportation and Disposal of Solid Waste to Borough Landfill.
8.25.080 Baler Facility and Sanitary Landfill. Selod waste diSGard
8.25.090 Disposal of Hazardous and Toxic Wastes: Used Motor Oil or Electronic Waste.
8.25.100 Prohibited Disposal. .
Ordinance No. FY2026-18 Page 2 of 24
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8.25.110 Prohibition on Burning Solid Waste. Disposal of solid waste.
8.25.120 Prohibition of Scavenging and Tampering. Disposal of hazaFdeus and +,,.,i,
wastes Usedmeter eil E'eGtFrinin Made
8.25.130 Applicability of Federal, State, and Local Solid Waste Law.
of cr�l i.J lelo c+o
8.25.140 Administration, Implementation, and Enforcement. Solid ,(rite handliRg oor„iGeG
8.25.150 Violations, Enforcement Actions and Remedies. General nGRdi+i„r,o of c eWiGe
8.25 160 PFehihitmGR Gf GGaveRgg Rg-and-ttaaTrperi
8.225.1' 70 GWRercTship,
8.25. 180 BaleF faGility aR d saRita Fy Iandfill.
8.25.190 I serfee SGhedule.
8.25.200RFeh+bited disposal.
8.25.2 10 f
of y--
/ ppliGahility federal,
state, on'�Ii waste law.v*Trcviz r r
8.25.220 AOOl�r'"rniRiat/�ratf9M,-knpleMeRta-tiE)R, and-eRfGFGel�eFlr
9.25.230R peace Cl.
8.25.240 VmelatiGRs, eFl,vrcerneFlructf8rrrurraremedies.
8.25.010 Purpose.
As authorized by AS 29.35.210(a)(4), the purpose of this chapter is to regulate the management of
municipal solid waste, including storage, collection, processing, recovery, and disposal of solid
waste, for the following reasons:
A. To protect the public safety, health, and welfare of the people of the Bborough;
B. To protect, preserve, and enhance the environment of the people of the Bborough; and
C. To provide fiscally responsible solid waste management. [ord. FY2010-07 §3, 2010].
8.25.020 Definitions.
In this chapter, each of the following terms has the respective corresponding meaning:
"Bear cart" means a cart designed to be resistant to opening by bears.
"Borough landfill" means the landfill owned by the Bborough.
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"Bulky item(s)" means any large item of solid waste that will not fit through a roll -cart, dumpster or
roll off container door or opening that is generated at a premises or unit and discarded at the
Borough Landfill. ,as deter edfr�rvrmrrtiMe t,�- o time by he-nqanageF, WhiGh Gan be safely lif+or7 h..
1 . Furniture, OnGluding metal desks and storage Ga ets;
2PFai'" a n�' and ^ergans;
,
aTelevisions•
,
stoves;4. Large applianGes, inGluding washers, driers, refrigeraters, freezers, dishwashers and
5. Tevs hikes and dismantled sets;
,
6. Lawn mewers and snow blowers with no gas or eil on thenq, up to four aute OF PiGkUp tiFeS Pe
GUstemer each Galenrdar menth, rdwith rims remeye• anrd,
7. Any tem, ether than limber, that GaRbe—GUt n� eken down meeting t�e'IG,�gg
requirements—.L
a Net longer than fel ,r foot in length; and
h Weighing no mere than 70 po, inlds
"Bulky items" rdees net mean the fellew4pg•
2. Bundled yard wastebran-anGhes;
`2 Sed, sell anrd re�
� . ,cr�vir-cma-ry
4. BFeken GenGrete and asphalt:;
5. Br"TGk, b'GG',cr , and stem=,,
aRailreard ties er similar type of retaining wall timbers;
7 Remodeling debris incl, s• siding shingle
,
8. Garpeting�l,
Q Sinks nennrete laundry tubs, and Gast Oren plumbing fivt, firer
10. Windows and deers.,
. Luger.,
straw,12. Animal waste, inGluding all eXGrement frorn demestiG animals and fewl, and all hay,
er ether materials that have been used fer animals' er fowls' herdrling•
13. Liquids, inGli ,rding paint;
14. Hazardous inG iding he,,seheld hazardous waste;
15. Fuel eil tanks; anrd
'116. y a, lternetiye parts, in llding Yeh7Gle batteries and tir
"C&D (construction and demolition) debris" means any solid waste rdisnarrderd in rd„mpsters er rell_
off nentainers that the sentragt hauler generated at a construction site either residential or
commercial. C&D debris must either be transported bV the solid waste generator to the Landfill
or be collected under the on-call temporary dumpster collection service section of the approved
collection contract, such as the following:
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1. Bundled yard waste, branches;
2. Sod, soil and rock;
3. Broken concrete and asphalt;
4. Brick, block, and stone;
5. Railroad ties or similar type of retaining wall timbers;
6. Remodeling debris;
7. Carpeting;
8. Sinks, concrete laundry tubs and cast-iron plumbing fixtures;
9. Windows and doors; and
10. Lumber.
"Cart" or "Roll -Cart" means a wheeled receptacle for storing solid waste that can be emptied by
either semi- or fully -automated vehicles.
"Collection contract" means the contract described between the contract hauler and the Bborough
for collection of solid waste and transportation to the Bborough landfill.
"Collection service area" means all premises or units serviced by an electrical meter accessible via
roads maintained by the state of Alaska, the Bborough, the CEity of Kodiak, or the U.S. government,
in and around Kodiak City and within the boundaries of the Bborough, except for the USCG facilities
and past milepost one of Anton Larsen Road.
"Commercial" describes people, such as customers; places, such as premises; or things, such as
carts or types of solid waste; in the Bborough that are used for business functions, such as
generating income. This includes apartment complexes that have five (5) or more units. net
FeSideRtial 9r multifamily.
"Commercial Hazardous Waste" means hazardous waste generated on a commercial premises.
"Compactor" means a receptacle containing a ram that pushes and compresses waste into a
container or bale.
"Contract hauler" means the contractor under the municipal solid waste collection contract.
147 1 "Container" means any type of storage receptacle for solid waste; cart, dumpster, or roll off.
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"Dead animal" means the carcass from an animal, large or small, except part of an animal used for
food or other beneficial purpose in accordance with federal, state or local laws and regulations. Does
not include fish or other primarily aquatic animal.
"Disposal" or "dispose" means the act or action of discarding solid waste.
"Dumpster" means a receptacle for storing solid waste that is picked up with front-end loading
"Hazardous or toxic waste" means any material that meets the definition of 40 C.F.R. 261 and AS
46.03.900, such as poisons, pesticides, acids, batteries, caustics, infectious or pathological wastes,
radioactive materials, explosive or highly flammable materials, oil and petroleum products, and
burning or smoldering materials.
"Household hazardous waste" means hazardous waste generated on residential premises.
"Litter" means solid waste that is left lying in an open or public place.
"Manager" means the Bborough Mmanager or designee.
"Multipurpose" means a premises that serves more than one purpose. For example, a
multipurpose premises may include office spaces, retail shops, and residential apartments within
the same structure.
"Premises" means property having any habitable building or unit, serviced bV an electrical meter,
whether residential, multipurpose, multifamily, or commercial.
"Recyclables" means materials which can be reprocessed, reconditioned, or adapted to use again or
for a new use or function.
"Residential premises" means any house, building, unit, structure, or shelter used as a dwelling,
intended for living purposes. This includes apartments with four (4) or less units, houses, or mobile
homes. A premises mooting both of the following Genditionc.
1It Gentnins onoe erho er throdwelling i snit(s); onrl e e2. EaGh dwelling unit 06 OGGUpied by related individuals, or by five or fewer unrelated
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"Roll -off' means an open -topped rectangular receptacle for storage, collection, and transport of solid
waste that is rolled on and off flatbed collection vehicles via winches or reeving cylinders (hooks).
"Scavenging" means the controlled removal of waste materials for recycling or reuse.
"Sewage solids" means waste that passes the paint filter test, EPA Test Method 9095, published in
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW- 846, adopted by
reference in 18 AAC 60.365, and has been removed from a wastewater treatment system, sewer,
septic tank, or other wastewater handling equipment; "sewage solids" includes lagoon dredge, sewer
cleanout waste, barscreen grit, and wastewater treatment sludge.
"Solid waste" means "municipal solid waste" as defined in AS 46.03.900.
"Solid waste generator" means anyone who creates solid waste during everyday living and working.
"Solid waste storage" means the interim containment of solid waste, in an approved manner, after
generation and prior to collection and disposal.
"Subscriber" a person or business that is a customer of the contract hauler, i.e. owner of a
premises.
"Uninhabitable" means a premises that fails to meet basic habitability standards due to serious
defects or hazardous conditions, making it unfit for residential use. This includes situations where
the property is deemed unsuitable or unsafe for its indented use, typically living space. [Ord.
FY2020-09 §5, 2020; Ord. FY2010-07 §3, 2010].
A. Every owner of a premises with any type of zoning in the collection service area that is
serviced through an electrical meter, except uninhabitable buildings that obtain a waiver, shall
subscribe and pay for solid waste service provided by the Borough's Contracted Waste Hauler.
Failure of an owner of a premises to subscribe for solid waste service as reauired
this section shall be a violation.
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B. Every subscriber of the solid waste service shall use a solid waste container provided by the
contract hauler.
1. Exceptions to this policy may be considered by the Borough or contract hauler if
the solid waste customer is unable to use the solid waste container provided by the contract
hauler due to lack of space, inability to manipulate the container, or other lust cause.
2. Exceptions will not include using an unauthorized container due to the removal of
contract hauler's container for non-payment. If a container is removed for non-payment, the
subscriber is still responsible for maintaining and making payments on the account for the
premises. Any solid waste for that premises shall be properly disposed by transport directly to the
Landfill until the authorized container is replaced. nesinneec Referenne to any individual herei _
staff Worsen by fitle s irh as the mono er inrli lades reference to the deoi neo [Ord FY20 10 07
§'��1-3. It shall be a violation of this section to use an unauthorized solid waste container.
8.25.040 Contract Hauler Refusal of Service. Selod waste aGGUrnulatmen and
A. The contract hauler is not obligated to provide collection service in any of the events listed in
this section.
1. Solid Waste Only. No person may discard any material in a container for collection by
the contract hauler except solid waste. The contract hauler may inspect the contents of
any container.
2. Unsafe Condition. The contract hauler is unable to safely access the solid waste
container to be collected.
3. Loose Waste. The waste is not in a solid waste container.
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8.25.050 Litter.
In addition to the prohibitions in Chapter 8.20 KIBC, no person may place or leave solid waste
outside a container or place solid waste in another subscriber's person's bin, cart, or roll -off
without that subscriber's persen's consent. [Ord. FY2010-07 §3, 2010].
8.25.060 Solid Waste Accumulation and Prevention of Nuisance. Selod waste
A. Solid waste generators, or subscriber, may not accumulate or store solid waste at their
premises longer than the period between their regularly scheduled collections.
B. A solid waste generator, or subscriber, must keep solid waste stored at that premises as
follows:
1. In a clean and sanitary manner that does not create a public nuisance or health hazard.
2. In accordance with all other applicable federal, state and municipal statutes, ordinances,
rules, and regulations.
C. While storing or handling human food, animal food, or solid waste, no one may violate 5 AAC
92.230 which prohibits the feeding of game and deleterious exotic wildlife, nor in a manner that
attracts game, deleterious exotic wildlife, dogs, cats, or other domesticated animals.
D. Failure to store solid waste in compliance with the standards of this section is a violation. In
the event of a violation of section B(1) or (2), the Borough may clean up solid waste that is not
keot as reauired and charae the solid waste aenerator or subscriber the cost. in addition to
prosecuting the subscriber for violation of this chapter.
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8.25.070 Transportation To and Disposal of Solid Waste at the Borough
Landfill. Selod waste storage and set -out,
A. Transaort. Evervone who transoorts solid waste materials that miaht blow. fall. spill. droo. leak
sift, or otherwise escape from the transport vehicle during passage over a public all, street, or
road must contain the cargo to prevent improper release. Some examples of methods to contain
cargo include:
1. Tight enclosure or container that is an integral part of the vehicle, or
2. A separate cover that is fastened onto the vehicle and secures the top and all sides of
the cargo.
A. SteFage. EaGh selid waste generator is responsible for the plaGernent of that person's Gart So
that it will not easily be tipped, SUGh as by aR animal or the wind. Lads en bins or Garts must be
kept Glesed to keep out rain, snow, and animals. Surplus liquids must be drained from solid waste
aR d nla Gerd in watertight bags hefere rdiSGarrdiRg them in rentainerc
B. Prooer Disoosal of Solid Waste. Solid waste aenerated in the collection service area must be
disposed of only in the contract hauler's designated containers or at a state -permitted processing
and disposal facility.
C. Violation. It shall be a violation of this section to transport unsecured solid waste or dispose of
solid waste in an unauthorized location. Any violation of this section will be treated as a violation
of KIBC 8.20.010(D) and may be prosecuted as a violation of that section as outlined in section
KIBC 1.20.050, Fine Schedule.
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8.25.080 Baler Facilitv and Sanitary Landfill. Solid waste diSGard
A. The Borough will provide facilities for proper disposal of solid waste to the contract hauler and
the public as approved by the Assembly.
B. The Borough's Landfill is a disposal facility that has permitted requirements that must be
fnllnwed_
C. At the Borouah Baler Facilitv and Sanitary Landfill. no Derson may do anv of the followin
1. Enter outside of posted opening hours, unless authorized by the Borough; or
2. Deliver any materials prohibited in this section; or
3. Discard any material without paying applicable user fees under the Borough's Fee
SChP.dlllP..
4. Dispose of any material outside of the designated areas, as directed by the Borough.
D. Violation. It shall be a violation if a person fails to comply with the rules of the landfill as outlined
in subsection C of this section.
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8.25.090 Disposal of Hazardous and Toxic Wastes. R;";n^ and ^^"o^+;en
A. The Borough Landfill has permitted disposal requirements that must be followed.
B. Non -Borough Materials Banned. No person may dispose of hazardous or toxic waste, or used
motor oil, which has been generated from outside the Borouah.
C. Household Hazardous Waste. All waste determined to be household hazardous waste must
be disposed of at the designated disposal location at the Borough landfill, or other designated
facility operating in compliance with the law, or at a Borough sponsored collection event. The
Borough will charge fees in accordance with the Kodiak Island Borough Fee Schedule as
approved by the Assembly.
D. Electronic Waste. All electronic waste must be disposed of at a facility designated by the
Manager, or at a facility operating in compliance with the law and pay the charges established by
the facility.
E. Violation. Disposal of hazardous or toxic waste other than as permitted by this section is a
violation.
8.25.100 Prohibited Disposal. Transportation
A. Unpermitted. No person may deliver to, deposit at, or dispose in the Borough Landfill or any
contract hauler containers the following materials;
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1. Material prohibited under the Borough's solid waste disposal permit issued by the
State of Alaska Department of Environmental Conservation;
2. Polluted or contaminated soil as defined in 18 AAC 60. 18 AAC 75. or 18 AAC 78:
and
3. Sewage sludge for which there are no test results acquired or submitted to the
Borough, as required by law (e.g., 18 AAC 60.365) or as determined by the Borough
Manager.
B. Exceptions. Exempt waste are types of solid waste that are exempt from the solid waste
regulations and do not require disposal in a permitted landfill. These wastes can be used as fill
without approval from Alaska Department of Environmental Conservation as outlined in 18 AAC
60.005 (c). A list of examples of exempt waste below:
1. Uncontaminated dirt, rocks, and soil;
2. Tree limbs, stumps, foliage, and other woody debris;
3. Unpainted bricks, mortar, Portland cement type concrete (including reinforcing steel
that cannot be easily removed);
4. Crushed Glass into 34 _in^" mini io
5. Crushed asphalt, but only if the product is used;
a. As fill material for a building pad or parking area or as a road base or pavement;
h 4s read base beneath a parking area or reard•
G. As pavement on a b iilydin nerd parkonq area or rea d• er,
d. As a material to construct a containment berm for a tank farm.
If someone was disgosina of exemot waste. thev must comely with the followina reauirements:
1. The exempt waste may not be mixed with non-exempt waste; ;
2. The exempt waste may not cause a public nuisance, environmental problem, or a threat
to public health, safety, or welfare.
3. The exempt waste may not be placed in surface water (creeks, ponds, etc.) without
approval from other appropriate regulatory agencies.
4. The exempt waste may not be placed without landowner approval.
C. Violation. It shall be a violation to dispose of waste in an unpermitted manner except as
permitted by subsection B
Ordinance No. FY2026-18
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482 8.25.110 Prohibition on Burnina Solid Waste.
483 In addition to complying with KIBC 8.35, no person may burn any materials that cause odor or
484 black smoke that has an adverse effect on nearby persons or property, as determined by the
485 Borough Manager, including the following:
486 1. Animal carcasses;
487 2. Petroleum-based materials such as plastic bags, or other materials contaminated with
488 petroleum or petroleum derivatives; and
489 3. Any other solid waste.
490
491 A. Burning of materials as prohibited by this section is a violation.
492
493 No one may dispose of selid waste generated On the GG"eGtm()n seFViGe area or USGG eXGept at
494 state permitted selid waste preGessIRg and disposal faGilities OR the bereugh, !RGludiRg aRy
495
496 exempted in WritiRg by the managerpird—cy7010n7 §3 70101
ZI
497 8.25.120 Prohibition of Scavenging and Tampering. Disposal of hazard is
498 and tnvin wastes Used motor nil Glontrnr,in wr+c+o
499 A. Ownership. Solid Waste, or any other discarded material, remains the property of the generator
500 until the occurrence of the following:
501 1. Public Trash Cans. The generator legally discards the solid waste; for example, a
502 restaurant customer discards a beverage container into a refuse receptacle provided by
503 the restaurant where the customer purchased the beverage; or an automobile
504 passenger discards litter in a refuse receptacle located at a gas station for use of
505 customers.
506 2. Self -Haul. The subscriber or waste generator delivers and deposits the solid waste at
507 the Borough landfill or into a public roll -off container.
508 3. Contract Hauler Collection. The contract hauler collects the solid waste from the
509 subscriber's set -out site and recycles or disposes of it in accordance with the law.
510
511 Absent the occurrence of these events, solid waste, or other material, remains the property of the
512 generator even if the generator abandons the solid waste, exercises no dominion or control over
513 the solid waste, or asserts no ownership of the solid waste. If the generator abandons the solid
514 waste, for example by litter or illegal dumping, the Borough Manager may authorize the clean up
515 and discard the solid waste in a lawful manner and then charge the original generator for the
516 related solid waste handling costs.
517
518 B. Solid Waste Removal Without Permission. No person may remove solid waste from another
519 subscribers container, except the following:
520 1. The contract hauler:
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2. A law enforcement officer; or
3. Someone authorized and directed by the Borouah Manaaer.
C. Use of Container Without Permission. No one may tamper with or use another subscriber's
container for any purpose without the written permission of the subscriber who pays for the solid
waste collection services with that container or owns the container.
D. Violation. It is a violation of this section for a person to remove waste from a container or
deaosit waste in a container except as permitted by subsections B and C of this section.
8.25.130 ADDlicability of Federal. State. and Local Solid Waste Law.
Solid waste law and the rules, regulations, provisions, and conditions promulgated under that law
(as they may be amended, repealed, or replaced) apply in the Borough, and failure to comply with
Federal State or Local solid waste law is a violation of this chapter. The Borough may, but is not
obligated to, take enforcement actions or seek remedies for violation of solid waste law.
Examples of solid waste law follow:
A. With respect to environmental protection:
1. Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42
U.S.C. Sections 9601 et seq.) ("CERCLA");
2. Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.) ("RCRA");
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3. Clean Air Act (42 U.S.C. Sections 1351 et seq., 42 U.S.C. Sections 7401 — 7642); and
California Clean Air Act (Health and Safety Code Sections 1251 et seq. and Health and
Safety Code Sections 39000 et seg.);
4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et
se -Q1
5. Alaska Department of Environmental Conservation, Solid Waste (18 AAC 60);
6. Litter receptacles (18 AAC 64.005 — 18 AAC 64.250);
7. Hazardous waste (18 AAC 62.010 — 18 AAC 62.990);
8. Pesticide control (18 AAC 90.010 — 18 AAC 90.990); and
9. Oil and other hazardous substances pollution control (18 AAC 75.005— 18 AAC
75.990).
B. With respect to solid waste handling labor:
1. Occuoational Safetv and Health Act (29 U.S.C. Sections 651 et sea.). includina the
Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991
(40 C.F.R., Parts 257 and 258);
2. Immigration Reform and Control Act of 1986 (PL.99-603).
C. Miscellaneous:
1. Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42). [Ord. FY2010-07 �3,
20101•
8.25.140
Administration, Implementation,
and Enforcement. Selid waste
handIiRg cor�iiroc
The Borouah
Manaaer is authorized
to administer.
implement. and enforce this chapter and
promulgate related solid waste policy, unless this chapter expressly names another person. The
Borough Manager may request assistance from other persons or request that other persons
administer, implement and enforce all or a portion of this chapter. Examples of other persons are:
A. The director of finance or the auditor -controller, for example, with respect to collection of user
fees;
B. City of Kodiak police department;
C. Borough attorney;
D. Other borough departments;
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E. District attorney;
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game:
H. Alaska State Troopers; and
1. A code enforcement officer designated under KIBC 1.20.030. ford. FY2020-09 §7,2020; Ord. FY2010-
07 §3, 20101.
8.25.150 Violations. Enforcement Actions. and Remedies. GeRerat
A. Violations.
1. Per Failure. Each failure to comply with any provision of this chapter or any regulation
promulgated under this chapter constitutes a separate violation. For example,
scavenaina is a separate violation for each container from which materials are
scavenged.
2. Per Day. Each day a violation continues is a separate violation. For example, storage
of solid waste in a nuisance condition KIBC 8.25.060(B) is a separate violation for each
day until the nuisance is abated.
B. Enforcement Actions and Remedies.
1. Actual Violations. If the manager believes that someone has violated any provision of
this chapter, whether that person is acting or failing to act in the capacity of a principal,
agent, employee or otherwise, then the manager may institute any enforcement action
and exercise any legal or equitable remedy available to the borough under law, such as
the following:
a. Civil actions seeking a penalty of up to $250.00 per violation, unless a separate
fine for the violation is provided for in the Code;
b. Civil actions seeking injunctive relief;
c. Civil suits seeking damages or civil penalties, including the costs of any
corrective action that the manager deems necessary to mitigate consequences
of violations, whether acts or omissions; or
d. Proceedings to declare a property a public nuisance and abate the nuisance as
authorized by AS 46.03.870(c).
2. Imminent Violations. The manager may seek injunctive relief if the circumstances
present an imminent threat to public health and safety, whether the person is acting or
failing to act in the capacity of a principal, agent, employee, or otherwise.
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3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement
actions and remedies are cumulative, not mutually exclusive. The manager may institute
any single enforcement action or exercise any single remedy or a combination of multiple
enforcement actions and remedies, separately or simultaneously. The manager need
not conclude any particular enforcement action or exhaust any particular remedy before
instituting other enforcement action or exercising any other remedy.
4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for
violation of this chapter are in addition to and not in lieu of any other penalty or remedy
provided for in state law or otherwise. rOrd. FY2015-06 U (Exh. A). 2014: Ord. FY2010-07 &3.
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IlL, 11"1111M.1110118 RIM M
Section 4. Amortization.
The Provisions of subsection 8.25.030 as amended by this ordinance shall apply as of the
effective date of this ordinance. The Assembly intends that any property owner who leases their
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property to a tenant under lease terms which require the tenant to be the subscriber for solid
waste services may still require that the tenant be responsible to the owner of the cost of those
services, but the owner must be the subscriber responsible to the collection contractor for the
service with the collection contractor as of the effective date of this ordinance. The Assembly
intends that such owners may use the delayed period prior to the effective date of this ordinance
to make appropriate adjustments to comply with the changes made by this ordinance.
Effective Date: Section 4 of this Ordinance takes effect 30 days following adoption. The
remainder of this ordinance takes effect upon June 30, 2027.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF FEBRUARY 2026
KODIAK ISLAND BOROUGH
ed Griffin, y
Introduced by: Manager
First reading: 01/15/2026
Second reading/public hearing: 02/05/2026
ATTEST:
a -"--
Nova M. Javier, MMC, Borq gh Clerk
VOTES:
Ayes: Roberts, Smiley, Whiteside, Woods, Ames, Gardner, and Johnson
Noes: None
Ordinance No. FY2026-18
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