Chapter 8.12
GARBAGE AND SOLID WASTE1
Sections:
8.12.011 Chapter purpose.
8.12.021 Definitions.
8.12.031 Solid waste disposal facilities.
8.12.033 Recycling of materials.
8.12.034 Recycling commission.
8.12.035 Approved recyclers.
8.12.036 Repealed.
8.12.041 General prohibition.
8.12.046 Landfill tipping fees.
8.12.051 Use of borough waste facilities.
8.12.055 Waiver of tipping fees.
8.12.061 Collection and transportation of solid waste.
8.12.071 Penalty for violations.
8.12.011 Chapter purpose.
The declared purpose of this chapter is the protection of the public health, safety and welfare of the people of the Fairbanks North Star Borough. The chapter and any regulations promulgated pursuant thereto are intended to:
A. Control dumping and disposal of solid waste at such place and in such manner that it will not be a detriment to the health, safety and welfare of the citizens of the borough;
B. Provide facilities for the proper disposal of solid waste at minimum cost;
C. Reduce litter and littering;
D. Promote resource recovery, recycling and reuse of solid waste;
E. Preserve and enhance the beauty and quality of our environment;
F. Promote responsible agricultural practices and encourage economic activity.
No section of this chapter should be interpreted as prohibiting residents from reusing articles from the waste stream discarded at a borough transfer site. (Ord. 2009-39 § 2, 2009; Ord. 84-29 § 2, 1984)
8.12.021 Definitions.
In this chapter unless the context requires otherwise:
“Avoided costs” means the savings realized by the borough if recyclables are diverted from the landfill or separated from the waste stream prior to being deposited in the landfill or a transfer station. Avoided costs shall not include hauling costs avoided by the city of Fairbanks. Avoided hauling costs of the borough shall only include avoided residential costs of hauling recyclables from outside the city of Fairbanks. To determine avoided hauling costs, the recyclables shall be apportioned by weight based on population of the city of Fairbanks and borough residents outside the city of Fairbanks. Furthermore, those costs shall be apportioned between commercial and residential as determined by the MacTech Study or other comparable study as selected at the sole discretion of the mayor.
“Biomass” means a given quantity of organic material.
“Bulky wastes” are large items of refuse including but not limited to appliances, vehicles, furniture, large auto parts, tires, trees and branches, stumps and flotage.
“Commingled recyclables” means a mixture of several recyclable materials into one container.
“Curbside collection” means programs where recyclable materials are collected at the curb from special containers, to be brought to various processing facilities.
“Director” means the public works director, or his/her designee.
“Diversion rate” means a measure of the amount of recyclables diverted for recycling compared with the total amount that was previously landfilled.
“Documentation” means written proof that a quantity of recyclables has been recycled and will not be landfilled.
“Drop-off center” means a method of collecting recyclable or compostable materials in which individuals take materials to collection sites and deposit them into designated containers.
“Garbage” means any putrescible solid and semisolid animal or vegetable wastes resulting from the production, handling, preparation, cooking, serving or consumption of food or food materials.
“Hazardous waste” means a waste or combination of wastes that because of quantity, concentration or physical, chemical or infectious, pathological or radiological characteristics might cause, or significantly contribute to:
1. An increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
2. A substantial present or potential hazard to human health or to the environment if improperly managed, treated, stored, transported or disposed of or otherwise managed.
“Industrial solid waste” means any waste substance or a combination thereof resulting from the operation of or from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resources.
“Inert solid wastes” means wastes including but not limited to wood, glass, crockery, brick, plastics, rubber or other materials which have minimum potential for environmental degradation and leachate production.
“Infectious waste” means certain laboratory, surgical and hospital waste; surgical specimens including pathological specimens, tissues, blood elements, excreta and secretions obtained from patients; disposable materials that have been in contact with persons who have a suspected or diagnosed communicable disease; a substance that might harbor or transmit pathogenic organisms; disposable materials from outpatient areas, emergency rooms and rooms of patients with a suspected or diagnosed communicable disease that requires isolation; and certain equipment, including instruments, syringes and needles.
“Junk” means used materials which will not be further utilized unless collected and processed for reuse or recycling.
“Litter” means any discarded, used or unconsumed substance or waste material which has not been deposited in a suitable litter receptacle.
“Manual separation” means the separation of recyclable or compostable materials from waste by hand sorting.
“Materials recovery” means extraction of materials from the waste stream for reuse or recycling, including source separation, front-end recovery, in-plant recycling, post-combustion recovery, leaf composting, etc.
“Mechanical separation” means the separation of waste into various components using mechanical means, such as cyclones, trommels and screens.
“Putrescible waste” means material that can decompose and cause obnoxious odors.
“Recyclable metals” means copper, brass, bronze, aluminum, lead, zinc, and ferrous metals, but does not include steel cans and those metals that are bonded or fused to other materials and cannot be readily separated.
“Recyclables” means materials that have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products, including refuse derived fuel (RDF).
“Recycling” means the process by which a material that would otherwise be placed in the landfill is collected, reprocessed, or remanufactured, and then reused, or used for energy.
“Refuse” means any putrescible or nonputrescible solid waste, except human excreta.
“Resource recovery” means the processing of solid wastes in such a way as to produce materials or energy which may be used in manufacturing, agriculture, or other processes.
“Rubbish” means any solid waste except ashes and putrescible waste.
“Secured” means tied down or otherwise not subject to release.
“Sewage sludge” means the organic sludge generated by municipal or other wastewater collection and treatment activities, and may include primary, secondary and digested sludges, grit and screenings.
“Sludge” means any solid, semisolid or liquid waste which contains at least five percent solids by weight generated at a municipal, commercial or industrial wastewater treatment plant, septic tank, water supply treatment plant or air pollution control facility; “sludge” includes any similar material accumulated in and removed from a storage tank or surface impoundment containing oil, industrial liquid waste, acid, chemicals or other similar substances.
“Solid waste” means drilling wastes, garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities. For the purposes of this chapter “solid waste” does not include:
1. Spoil and overburden from road construction, land clearing or mining operations;
2. Mining waste regulated by the Federal Surface Mining Control and Reclamation Act of 1977, as amended, and by the Alaska Surface Mining Control and Reclamation Act of 1982 (AS 27.21);
3. Domestic sewage and other wastes that are discharged into the pass through a sewer system to a publicly owned treatment works;
4. Industrial or mining wastes that are being collected, stored or treated in:
a. A wastewater treatment plant before discharge or removal, or
b. An industrial processing facility for continual reuse;
5. Industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended;
6. Source, special nuclear, or byproduct material as defined by the Nuclear Waste Policy of 1982, as amended January 7, 1983, at Public Law 97-425.
“Source separation” means the segregation of specific materials at the point of generation for separate collection. Recyclables are source separated at residences as part of a recycling program.
“Special solid waste” means hazardous wastes, infectious wastes, radioactive wastes, industrial wastes or sludges and sewage residues. (Ord. 2009-39 § 3, 2009; Ord. 2003-43 § 2, 2003; Ord. 94-045 §§ 2, 3, 1994; amended during 1993 republication; Ord. 89-038 § 2, 1989; Ord. 84-29 § 2, 1984)
8.12.031 Solid waste disposal facilities.
A. The borough may require any person dumping solid waste at the following areas to dump where specified, and may reject or impound any waste which is judged to be unacceptable. Impoundment implies that the waste and its container, but not the vehicle used to transport the waste, may be impounded. The following facilities are designated for the disposal of all types of solid waste, with the exception of special solid waste:
1. South Cushman baler and landfill;
2. Other borough-owned or borough-operated landfills.
B. Collection and transfer sites provided as part of the borough’s solid waste collection district are designated solely for the disposal of residential solid waste by residents of the borough residing outside the city of Fairbanks.
C. The following facilities are for the disposal of solid waste as approved by the owners of such facilities. Only persons with the prior approval of the owners may dump solid waste at these facilities:
1. Military landfills;
2. Other containers which will be dumped at the South Cushman baler and landfill, including private dumpsters located at apartment complexes, mobile home parks and other locations. For the purposes of this paragraph, in the case of leased private dumpsters, the lessee shall be considered the owner;
3. Other locations, as approved and permitted by the state, subject to the conditions of such permits.
D. Any administrative decisions of the director or the solid waste superintendent pursuant to this chapter may be appealed to the pollution control commission. In all actions under the provisions of this chapter, the name of the complainant will be a matter of public information. (Ord. 94-056 § 2, 1994; amended during 1993 republication; Ord. 89-038 § 3, 1989; Ord. 84-29 § 2, 1984)
8.12.033 Recycling of materials.
A. The borough shall ensure that, at all borough-owned or operated landfills and primary collection and transfer sites, separate locations or containers are provided to receive and hold recyclable materials. These may include but are not limited to:
1. Glass;
2. Aluminum cans;
3. Corrugated cardboard, flattened;
4. Computer paper;
5. Office paper;
6. Scrap metal:
a. Aluminum,
b. Copper,
c. Iron,
d. Brass,
e. Stainless steel;
7. Car radiators;
8. Plastic;
9. Biomass material;
10. Other materials selected by the borough.
B. The borough may provide for this separation by either:
1. Ensuring that borough-provided locations or containers are available; or
2. Contracting with a private firm to furnish and service such locations or containers.
C. If the borough provides for the deposit of such materials directly, periodically the borough shall sell to recycling firms the materials collected in these locations or containers.
D. Deposit of materials other than the appropriate, designated materials in any of the thus-established locations or containers, or the removal of any such materials, except by prior written permission of the borough, is prohibited.
E. The borough shall waive in whole or in part the tipping fee to persons, businesses and entities which separate recyclable materials into lots designated by the borough which may include aluminum, glass, plastic, cardboard, mixed paper, newspaper, electronics or wood products in loads delivered to the landfill. A waiver may be granted for other materials, if recommended by the commission and approved by the mayor with notification to the assembly. The waiver shall be no greater than 100 percent of the tipping fee. Nonseparated loads of recyclables shall not receive a waiver. The mayor is authorized to establish a rate schedule for such waivers.
F. It is the policy of the Fairbanks North Star Borough to encourage reduction, reuse and recycling of solid wastes generated in the borough. These efforts may include payment of a portion of actual avoided costs of hauling and land filling to approved recyclers/reusers not to exceed $175,000. Subject to appropriation, avoided costs, less a 25 percent reduction, may be paid to approved recyclers when documentation is provided to show that materials separated as recyclables have been removed from the waste stream by recycling within the current fiscal year. Twenty-five percent of avoided costs may be paid to a fund established to maintain the efforts of the commission.
G. The borough may implement a program of designated burial of source separated recyclable materials that are not removed from the waste stream. (Ord. 2009-39 §§ 4, 5, 2009; Ord. 94-045 § 4, 1994; amended by voter approval 10/5/93; Ord. 91-035 § 2, 1991; Ord. 89-060 § 2, 1990)
8.12.034 Recycling commission.
A. There is established in accordance with Chapter 2.21 FNSBC the Fairbanks North Star Borough commission on recycling which shall consist of seven members appointed by the mayor and confirmed by the assembly. The commission shall meet at least quarterly.
B. The duties of the commission are as follows:
1. Monitor the recycling program and monitor the payment of avoided costs to approved recyclers;
2. Increase public awareness of the recycling program through advertising and other means;
3. Recommend changes to the program as the markets for recyclables become available;
4. Recommend to the administration approved recyclers authorized to remove recyclable materials from the waste stream and eligible to receive payment for tonnage of materials that will not be placed in or transported to the landfill;
5. Make long range recycling policy recommendations;
6. Recommend termination of any contract previously granted to a recycler should it, in the judgment of the commission, acting pursuant to commission adopted guidelines, become necessary;
7. Submit an annual, proposed budget to the mayor for assembly approval;
8. Submit an annual report to the mayor and assembly;
9. Recommend changes to the recycling program including ordinance or other policy changes;
10. Make recommendations concerning appropriations from the local recycling program special revenue fund. (Ord. 2009-39 § 7, 2009; Ord. 94-045 § 5, 1994)
8.12.035 Approved recyclers.
A. The recycling commission shall recommend to the administration those recyclers authorized to remove recyclables for the purpose of reuse or remanufacture who will be eligible to receive payment for tonnage of materials that will not be placed in the landfill. The commission shall evaluate proposals from recyclers. The evaluation criteria will include the following:
1. Valid Alaska business license and city license if applicable;
2. Proof of financial resources in proportion to the business purpose;
3. Authorized site approval documentation by DEC and FNSB, if necessary;
4. Submission and approval of a business plan to show:
a. Type(s) of materials to be recycled or shipped;
b. Location of approved material sites including appropriate site zoning;
c. Estimated number of tons to be recycled each month;
d. Program start date for waste generated after specified date; and
e. Consistency with the borough’s overall recycling plan.
5. The overall impact on the goal of recycling and reduction of solid wastes generated in the borough.
B. Notwithstanding FNSBC 16.30.010 through 16.30.080, the mayor or his designee may enter into a contract with any or all recyclers recommended by the recycling commission and who demonstrate an ability to make a significant positive impact on the borough’s recycling plan goals sufficient to justify the cost of the contract. No funds shall be paid pursuant to FNSBC 8.12.033(F) to a recycler until a contract has been agreed to and signed by the borough and recycler. The contract shall not exceed a term of 10 years. The contract must include a provision authorizing termination at will by the mayor. (Ord. 2009-39 § 8, 2009; Ord. 94-045 § 6, 1994)
8.12.036 Recycling promotion special revenue fund.
Repealed by Ord. 2009-39. (Ord. 94-045 § 7, 1994)
8.12.041 General prohibition.
A. No person shall dispose of solid wastes, special solid wastes or sludge in any place except those listed in FNSBC 8.12.031.
B. No person shall dump, throw, drop or deposit any special solid waste in the Fairbanks North Star Borough except approved haulers at approved facilities.
C. No person shall burn refuse, special solid waste or other solid wastes which may produce black smoke, noxious odors or toxic fumes in an open fire. Such solid wastes may be burned using an approved incineration method after first securing a permit from the director. Permits shall not be required for the incineration of livestock carcasses in accordance with normal agricultural practices when said incineration is conducted on a parcel at least 40 acres in size located in the rural and agricultural or general use zones, provided incineration is conducted in such a manner as to minimize the impact on surrounding property.
D. No person shall allow the accumulation of garbage, solid waste, animal feces, etc., on property where he resides or which he owns or controls to impose a threat to public health. Nothing in this section shall be construed to restrict normal agricultural practices in the rural and agricultural or general use zones.
E. No person shall discard any litter into or on any water or land within the borough, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.
F. No person shall dump solid waste in the borough’s public dumpsters collected from any location other than individual residences located in the borough outside the city of Fairbanks.
G. No solid waste shall be dropped, deposited, discarded or otherwise disposed at a public dumpster unless it remains within the public dumpster. Any disposal outside the container is a violation of FNSBC 8.12.041(E).
H. No person shall dump at the borough’s public dumpsters bulky wastes, dead animals, infectious wastes, demolition debris or special solid wastes. (Ord. 94-056 § 3, 1994; Ord. 89-038 § 4, 1989; Ord. 84-29 § 2, 1984)
8.12.046 Landfill tipping fees.
A. Except as otherwise provided in this chapter, any person disposing of solid waste at the borough landfill shall pay a tipping fee established in accordance with FNSBC 3.50.010.
B. The borough mayor may permit a commercial hauler regulated by the state of Alaska to dispose of residential solid waste collected solely from individual residences located in the solid waste collection district and delivered directly to the borough landfill without direct payment of a tipping fee. Such tipping fees shall be paid to the landfill by the solid waste collection district. (Ord. 2001-34 § 2, 2001)
8.12.051 Use of borough waste facilities.
A. Any person wishing to dispose of solid waste generated or collected from a location outside of the borough shall be charged a fee that reflects the actual costs of providing such services, including but not limited to current operational costs, probable operational and monitoring costs for the life of the landfill, and landfill closure and replacement costs.
B. Disposal of solid waste generated or collected from a location outside of the borough shall not be permitted unless the solid waste meets the conditions of the borough’s ADEC solid waste permit.
C. Disposal of more than 25 tons of solid waste per month from a source outside of the borough shall not be permitted unless the mayor determines that:
1. The solid waste can be safely and efficiently disposed of at the borough landfill;
2. The solid waste will not significantly impact the capacity of the borough landfill; and
3. There will be no harm to the borough or the borough landfill.
D. Disposal of solid waste from a source outside the borough for longer than 60 days shall also require concurrence of the borough assembly. (Ord. 97-036 § 2 1997; Ord. 84-29 § 2, 1984)
8.12.055 Waiver of tipping fees.
A. The borough will waive the tipping fee to residents of the borough who bring minor loads of nonhazardous solid waste to the landfill. For the purpose of this subsection, loads of nonhazardous waste brought to the landfill from a residence in a passenger vehicle, a pick-up truck, or a trailer with two wheels and a single axle will be considered minor loads if the vehicle is not registered in the name of a company or business or used for commercial purposes.
B. Any Internal Revenue Code Section 501(c)(3) or 501(d) nonprofit organization which accepts clothing, furniture or other items of personal property, on a year-round basis, and sells those items of personal property to raise funds for the organization’s services, or distributes those items of personal property to persons in need, shall be exempt from paying tipping fees on that personal property which is in such disrepair that it cannot be resold and must be transported to and disposed of in the landfill.
C. The borough mayor may waive tipping fees for materials to the landfill for borough recycling or hazardous waste disposal programs and for community cleanup activities. The mayor may waive tipping fees for debris from private residences in the borough damaged by fire if there is no reimbursement for such waived fees from any other source. The mayor, when there is a direct and primary benefit to the public, may waive tipping fees for materials removed from deteriorated property, as defined in FNSBC 3.11.070, during the course of rehabilitation, repair, construction, reconstruction, renovation, demolition, removal or replacement of any structure on such property.2
D. All other loads will be considered commercial and will be charged the usual tipping fee on the entire load. (Ord. 2005-26 § 4, 2005; Ord. 99-006 § 2, 1999; Ord. 94-085 § 2, 1994; Ord. 94-074 §§ 2, 3, 1994; Ord. 93-002 § 3, 1993; Ord. 91-056 § 2, 1991)
8.12.061 Collection and transportation of solid waste.
A. The owner or occupant of any premises, business establishment, industrial establishment, or refuse collection service shall be responsible for the collection and transportation of all solid waste
accumulated at a premises, business establishment or industrial establishment to an approved solid waste disposal facility in accordance with this chapter.
B. Garbage and similar putrescible wastes, or refuse containing such materials, shall be collected and transported in containers which are covered and leakproof.
C. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill therefrom. Where spillage does occur, it is the responsibility of the collector or transporter to pick up the material, return it to the vehicle or container, and properly clean the area. Any person collecting or transporting solid waste who permits the waste to fall, leak or spill from the vehicle or who fails to clean up waste which has fallen, leaked or spilled from his vehicle shall be subject to a civil penalty not to exceed $1,000 in addition to the cost of cleanup incurred by the borough or other public agency.
D. Any person who arrives at any borough-operated solid waste disposal facility, including the South Cushman balefill/landfill and any borough solid waste transfer station, with a vehicle or container which is not covered or with a load which is not secured is in violation of this section. (Ord. 2003-43 § 3, 2003; Ord. 84-29 § 2, 1984)
8.12.071 Penalty for violations.
A. Any person violating any provision of this chapter or regulations issued hereunder is guilty of a violation and shall be punished upon conviction by a fine not to exceed $300.00, but not less than $100.00, as set forth in the following schedule of fines:
1. First offense: $100.00.
2. Second offense: $200.00.
3. Third or each subsequent offense within a five-year period: $300.00.
Disposition may be without court appearance pursuant to AS 29.25 and District Court Rule 8.
B. In the case of a continuing violation, each day the violation continues shall constitute a separate offense.
C. The court, in lieu of or in addition to any other sentence imposed, may, upon recommendation of the borough attorney, direct a labor of litter gathering, to be supervised by the borough.
D. An action may be brought at law or in equity in the name of the borough to obtain any remedy available to prevent, enjoin, terminate, and punish violations of this chapter, including imposition of a civil penalty not to exceed $1,000 for each violation. An action may not be brought for a civil fine under this subsection if a citation under subsection (A) of this section is issued.
E. This chapter does not affect the private right of any person to bring an action for damages or other relief because of injury caused by garbage or solid waste.
F. The borough’s pollution control officer, or other such person(s) as the mayor shall designate in writing, shall have the authority to issue citations to violators of this chapter. (Ord. 2003-43 §§ 4, 5, 6, 2003; Ord. 89-038 § 5, 1989; Ord. 84-29 § 2, 1984)
For statutory provisions authorizing municipalities to regulate garbage and solid waste collection and disposal, see AS 29.35.
Code reviser’s note: Ordinance 2005-26, amending subsection (C) of this section, may be repealed by voters through referendum.