Chapter 13.20
SOLID WASTE COLLECTION AND DISPOSAL

Sections:

13.20.010    Purpose.

13.20.020    Definitions.

13.20.030    Responsibility for administration.

13.20.040    Preparation of solid wastes for collection.

13.20.050    Refuse containers.

13.20.060    Storage and removal of refuse.

13.20.070    Limitations on collection.

13.20.080    Disposal area.

13.20.090    Protection from damage.

13.20.100    Penalties.

13.20.110    Application for service.

13.20.120    Discontinuance of service.

13.20.130    Billing and payment.

13.20.140    Charges for solid waste service.

13.20.010 Purpose.

The borough assembly finds that the maintenance of health and sanitation requires compulsory and universal collection, transfer and disposal of solid wastes.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.020 Definitions.

Meanings of the terms "garbage," "refuse," "rubbish" and "ashes" are the same as defined in Chapter 8.02 of this code.

(Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.030 Responsibility for administration.

A.    The municipality shall be responsible for the collection, transfer and disposal of all solid wastes within the municipality except as hereinafter set forth; and no person shall collect and dispose of, or transfer over the streets of the municipality, any solid wastes without first obtaining a written permit from the municipality to do so.

B.    The administration of the solid waste collection, transfer and disposal system shall be under the jurisdiction of the borough manager.

C.    The borough assembly shall have the right to enter into a contract with a private firm for the collection of solid wastes within the municipality for a term not to exceed five (5) years. The borough assembly shall have the right to enter into a contract with a private firm for the transfer and disposal of solid wastes from the municipality for a term not to exceed fifteen (15) years, which shall automatically expire unless renewed in writing by the municipality; a transfer and disposal contract may include an option to renew the contract for a term not to exceed five (5) years beyond the initial term, exercisable solely at the discretion of the municipality. In entering into such contracts, the borough assembly shall apply competitive selection processes and shall consider the following requirements for the contractors:

1.    With respect to a collection contract, the knowledge and prior experience of the applicant in the solid waste collection business and the provision of this service;

2.    With respect to a transfer and disposal contract, the knowledge and prior experience of the applicant in the solid waste transfer and disposal business and the provision of these services;

3.    With respect to both a collection contract and a transfer and disposal contract:

a.    The ability of the applicant to furnish all necessary equipment and personnel required in the conduct of such business;

b.    The financial responsibility of the applicant;

c.    The capacity of the applicant to indemnify and hold harmless the municipality and its inhabitants against a failure on the part of the applicant to fulfill the terms of the contract and against any injuries or damages occurring to the municipality or any of its inhabitants in the performance of such contract.

d.    The contract shall be governed by Alaska law and the exclusive jurisdiction and venue for any action or dispute of any kind arising from the contract shall be in the Superior court for the State of Alaska, First Judicial District at Juneau, Alaska.

(Ord. 13-23, Amended, 09/05/2013; Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.040 Preparation of solid wastes for collection.

A.    Garbage shall be drained of surplus water, wrapped or put in bags, and deposited in an approved container for collection.

B.    Ashes shall be allowed to cool before they are deposited in any container.

C.    Grass clippings, leaves, garden and hedge trimmings and ordinary accumulations of tree prunings of less than one inch (1") in diameter shall be considered collectible wastes. Grass clippings, leaves and similar material shall be placed in approved containers. Bulkier accumulations, such as acceptable hedge and tree prunings, shall be cut into pieces not over four feet (4’) long and placed at the designated location on the day of collection. It shall be understood that these clippings, leaves, trimmings and prunings shall not include the large accumulation of brush from extensive hedge or tree trimmings, which shall be classified as bulky wastes.

D.    All cardboard boxes and/or packaging materials shall be broken down with maximum length not to exceed twenty-four inches (24").

E.    On collection days, containers shall be placed at the curb or shoulder area where the premises are served from the street, and at the rear of the lot of those premises served from alleys or otherwise served from the rear. When circumstances warrant, exceptions may be made to the above, but only upon express authorization.

F.    It is unlawful for any person within the municipality to abandon refrigerators, iceboxes, wardrobe trunks or any other containers, equipment or appliances having self-locking doors.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.050 Refuse containers.

A.    It shall be the duty of every occupant or owner of every residence or other building, structure or premises where refuse is produced for collection, to provide and at all times maintain in good condition, one (1) or more adequate, suitable and not easily corrodible containers for such refuse. Such containers shall be equipped with adequate handles and tight-fitting covers sufficient to keep out water and to prevent disturbance by animals and entrance of insects. Each container shall not exceed a capacity of thirty (30) gallons. The containers shall be kept closed except when being filled or emptied and shall be kept in a clean and sanitary condition.

B.    Any container that does not conform to the provisions of this chapter, or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by an approved container upon receipt of notice to that effect from the municipality. If not replaced within ten (10) days after receipt of such notice, the nonconforming or defective container shall be disposed of by the collector as waste.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.060 Storage and removal of refuse.

A.    It is unlawful for any person owning or occupying any building, lot or premises within the municipality to allow any garbage or refuse to collect and remain upon such premises; provided, however, that this provision shall not be construed as interfering with building under a building permit during the course of construction and within a reasonable time thereafter.

B.    It is unlawful for any person, upon vacating or moving from dwellings, storerooms, or any other buildings, structures or premises, to fail to remove all solid wastes from such buildings and premises, or to fail to place the premises in a thoroughly sanitary condition within twenty-four (24) hours after the premises are vacated.

C.    It is unlawful for any person to sort, scatter, dump, deposit or cause to be deposited any solid wastes along the bank of or in any canal, ditch, creek or river, or in any natural body of water, or in any street, alley or park, or on any lot, place or premises in the municipality, whether public or private. Such wastes shall be disposed of only in private or public disposal areas approved by and operated in accordance with rules and regulations set forth by the municipality.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.070 Limitations on collection.

A.    The collection of bulky wastes, construction and demolition wastes, dead animals, industrial and special wastes, animal excrement, and other wastes shall not be deemed to constitute a part of the regular solid waste collection service of the municipality; provided, however, that such solid wastes may be collected by the municipality as a special pickup service.

B.    Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed except for the convenience of the municipality.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.080 Disposal area.

A.    The disposal area will be open in accordance with the schedule set by the municipality and posted at the disposal area and at the borough administrative offices.

B.    The disposal area shall be maintained by the municipality or its authorized collector, and no dumping shall be permitted except under the explicit directions and supervision of the municipality.

C.    The municipality reserves the right to prohibit deposit of abandoned vehicles, refrigerators and other undesirable bulky wastes at the disposal area.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.090 Protection from damage.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipality’s solid waste system.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.100 Penalties.

A.    For violations of this chapter, refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.

B.    Any person violating any of the provisions of this chapter shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation.

(Ord. 16-16, Amended, 09/01/2016; Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.110 Application for service.

A.    An applicant for solid waste collection, transfer and disposal shall sign an application form provided by the municipality giving the date of application, location of premises to be served, whether premises have been served before, the date applicant desires service to begin, purpose for which service is to be used, the address for mailing of the billings, and such other information as the municipality may reasonably require. If water, sanitary sewer and/or solid waste service are requested, one (1) application form will be sufficient.

B.    The applicant shall provide the information required above, and shall sign the application. In signing the application, the customer agrees to comply with this chapter. The application is a request for service, and does not bind the municipality to furnish service.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.120 Discontinuance of service.

Each applicant about to vacate any premises supplied with solid waste service by the municipality shall give the municipality written notice of his intentions at least two (2) days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all solid waste service supplied to such premises until the municipality receives notice of vacation. The municipality shall discontinue service and the customer shall be billed in accordance with the rate schedule adopted by resolution of the borough assembly.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.130 Billing and payment.

All provisions concerning billing, payment, and collection of delinquent accounts for service rendered by the municipality under this chapter shall be identical to those set forth for water service in Section 13.08.150.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)

13.20.140 Charges for solid waste service.

A.    The rate to be charged for the collection, transfer and disposal of solid wastes shall be established by resolution of the borough assembly, and shall become a part of this section by incorporation by reference. Such rates shall be designed to assure that each recipient of service pays his proportionate share of the costs of the maintenance and operation of the solid waste system.

B.    If service is furnished for only a portion of the billing month, the applicant shall be billed for that portion as follows:

1.    Five (5) days or less, no charge;

2.    Six (6) to sixteen (16) days, one-half (1/2) the established monthly charge;

3.    Sixteen (16) days or more, full monthly charge.

(Ord. 12-02, Amended, 2/16/2012; Ord. 84-19 § 5 (part), Repealed & Replaced, 10/11/1984)