Chapter 8.25
SOLID WASTE COLLECTION AND DISPOSAL
Sections:
8.25.010 Purpose.
8.25.020 Definitions.
8.25.030 Construction.
8.25.040 Solid waste accumulation and prevention of nuisance.
8.25.050 Litter.
8.25.060 Solid waste collection service.
8.25.070 Solid waste storage and set-out.
8.25.080 Solid waste discard.
8.25.090 Billing and collection.
8.25.100 Transportation.
8.25.110 Disposal of solid waste.
8.25.120 Disposal of hazardous and toxic wastes – Used motor oil – Electronic waste.
8.25.130 Prohibition on burning of solid waste.
8.25.140 Solid waste handling services.
8.25.150 General conditions of service.
8.25.160 Prohibition of scavenging and tampering.
8.25.170 Ownership.
8.25.180 Baler facility and sanitary landfill.
8.25.190 User fee schedule.
8.25.200 Prohibited disposal.
8.25.210 Applicability of federal, state, and local solid waste law.
8.25.220 Administration, implementation, and enforcement.
8.25.230 Enforcement officer.
8.25.240 Violations, enforcement actions and remedies.
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 borough;
B. To protect, preserve, and enhance the environment of the people of the borough; 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.
“Bin” means a receptacle for storing solid waste that is picked up with front-end loading vehicles, such as those having a three- to eight-yard capacity, sometimes referred to as a “dumpster.”
“Borough landfill” means the landfill owned by the borough.
“Bulky item(s)” means any large item of solid waste, as determined from time to time by the manager which can be safely lifted by two individuals using a dolly, generated at residential premises and discarded at residential set-out sites, such as the following:
1. Furniture, including metal desks and storage cabinets;
2. Pianos and organs;
3. Televisions;
4. Large appliances, including washers, driers, refrigerators, freezers, dishwashers and stoves;
5. Toys, bikes, and dismantled swing sets;
6. Lawn mowers and snow blowers with no gas or oil in them, up to four auto or pickup tires per customer each calendar month, with rims removed; and
7. Any item, other than lumber, that can be cut or broken down meeting the following requirements:
a. Not longer than four feet in length; and
b. Weighing no more than 70 pounds.
“Bulky items” does not mean the following:
1. Material generated at nonresidential premises, including commercial business operations;
2. Bundled yard waste, branches;
3. Sod, soil, and rock;
4. Broken concrete and asphalt;
5. Brick, block, and stone;
6. Railroad ties or similar type of retaining wall timbers;
7. Remodeling debris, including shingles;
8. Carpeting;
9. Sinks, concrete laundry tubs, and cast iron plumbing fixtures;
10. Windows and doors;
11. Lumber;
12. Animal waste, including all excrement from domestic animals and fowl, and all hay, straw, or other materials that have been used for animals’ or fowls’ bedding;
13. Liquids, including paint;
14. Hazardous waste, including household hazardous waste;
15. Fuel oil tanks; and
16. Any automotive parts, including vehicle batteries and tires.
“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 borough for collection of solid waste and transportation to the borough landfill.
“Collection service area” means all premises accessible via roads maintained by the state of Alaska, the borough, the city of Kodiak, or the U.S. government, in and around Kodiak City and within the boundaries of the borough, 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 borough that are not residential or multifamily.
“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.
“Disposal” or “dispose” means the act or action of discarding solid waste.
“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.
“Manager” means the borough manager or designee.
“Multifamily” describes people, such as customers, places, such as premises, or things, such as carts or types of solid waste, in the borough that are not residential premises.
“Multifamily premises” means premises that are not residential premises, and therefore contains four or more dwelling units, including apartment complexes and trailer courts.
“Premises” means property having any habitable building, whether residential, 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 a premises meeting both of the following conditions:
1. It contains one, two, or three dwelling unit(s); and
2. Each dwelling unit is occupied by related individuals, or by five or fewer unrelated individuals.
“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 collection” means 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.
“Solid waste disposal” means the orderly process of finally disposing of solid waste.
“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. [Ord. FY2010-07 §3, 2010].
8.25.030 Construction.
A. Citations. References to “section” or “article” refer to sections or articles in this chapter, unless other citation is provided. References to “subsection” refer to subsections within that section.
B. Designees. Reference to any individual borough staff person by title, such as the manager, includes reference to the designee. [Ord. FY2010-07 §3, 2010].
8.25.040 Solid waste accumulation and prevention of nuisance.
A. Solid waste generators may not accumulate/store solid waste on their premises longer than the period between their regularly scheduled collections or two weeks, whichever is greater.
B. A solid waste generator must keep solid waste stored on that generator’s premises as follows:
1. In a clean and sanitary manner that does not create a public nuisance or health hazard, in the judgment of the manager; and
2. In accordance with all other applicable federal, state and municipal statutes, ordinances, rules, and regulations.
The borough may clean up solid waste that is not kept as required and charge the owner of the premises the cost, in addition to prosecuting the owner for violation of this chapter.
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, or cats. [Ord. FY2010-07 §3, 2010].
8.25.050 Litter.
In addition to the prohibitions in Chapter 8.20 KIBC, no one may place solid waste in another person’s bin, cart, or roll-off without that person’s consent. [Ord. FY2010-07 §3, 2010].
8.25.060 Solid waste collection service.
A. Regular Service. Every owner of premises in the collection service area must subscribe to and pay for solid waste collection service for its premises by the contract hauler at least weekly, in carts, including bear carts, bins, or roll-offs, as administered by the manager, even if that owner self-hauls all or a portion of its solid waste for disposal at the borough landfill or recycling at a processing facility.
B. Temporary Service in Bins/Dumpsters. Anyone who has a temporary need or conducts construction or demolition on its premises may subscribe to and pay for solid waste collection service from the contract hauler for bin or dumpster service. [Ord. FY2010-07 §3, 2010].
8.25.070 Solid waste storage and set-out.
A. Storage. Each solid waste generator is responsible for the placement of that person’s bin or cart so that it will not easily be tipped, such as by an animal or the wind. Lids on the bin or cart must be kept closed to keep out rain, snow, and animals. Surplus liquids must be drained from solid waste and placed in watertight bags before discarding them in containers.
B. Set-Out.
1. Site. Anyone who receives solid waste collection service in cart or bin service must place their container in the following locations, or as instructed by the contract hauler:
a. Roadside;
b. In an adjacent alley; or
c. Within three feet of the roadway on which the contract hauler can drive its collection vehicles.
For example, if the serviced premises are adjacent to more than one street, alley, or roadway, the contract hauler may instruct the customer to set out containers on only one specified street, alley, or roadway.
2. Required Actions. Anyone who receives solid waste collection service, whether in a cart, bin, or roll-off, must do the following:
a. Discard only securely bagged or bundled solid waste inside the cart, bin, or roll-off provided by the contract hauler for that customer’s use; and
b. Clean up any solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll-off.
The contract hauler is not required to clean up solid waste discarded, scattered, littered, or otherwise strewn outside the cart, bin, or roll-off, except for solid waste that the contract hauler spills during collection and transportation.
3. Prohibited Conduct. Anyone who receives solid waste collection service, whether in a cart, bin or roll-off, must not do any of the following:
a. Discard dead animals in the cart, bin, or roll-off; or
b. Discard any solid waste outside the cart, bin, or roll-off, including the following:
i. Litter;
ii. Bulky items, such as appliances, bed springs, mattresses, furniture;
iii. Nonbulky items listed in the definition of “bulky items” (such as construction/demolition waste, unless as allowed during temporary service as in KIBC 8.25.060(B), tree limbs, lawn clippings, animal waste); and
iv. Hazardous or toxic waste.
No one may discard any material in a roll-off except for the roll-off provided by the contract hauler for that person’s solid waste collection service.
C. Clearance and Access. A cart customer must maintain a minimum of three feet of clearance between each cart and any mailbox, vehicle, snow berm, or other object that would obstruct collection, including the arm on an automated collection truck. A cart customer must maintain clear access to the cart set-out site so that the collection vehicles can lift and empty carts, including clearing away snow and other obstructions, such as parked vehicles.
D. Bin Sharing. Two or more bin customers must share bins, and the allocable service charges for solid waste collection, if directed by the contract hauler when there is limited space for set-out or collection of bins.
E. Safety. Each customer must maintain its set-out site so that it is safely accessible to contract hauler’s vehicles and employees. If the contract hauler determines that the set-out site is not safe, it is not obligated to provide collection service there. Contractor will coordinate safe set-out location with customer for each occurrence. [Ord. FY2010-07 §3, 2010].
8.25.080 Solid waste discard.
A. The contract hauler is not obligated to provide collection service in any of the events listed in this section or in the collection contract.
1. Solid Waste Only. No one 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. The contract hauler must not collect any container that stores materials other than solid waste. In that event, the customer must pay the contract hauler $50.00, or other amount established by the manager.
2. Containerized. No one may discard any solid waste for collection by the contract hauler outside their container except for bulky items discarded at the time when, and place where, the contract hauler is obligated to collect bulky items. He must tightly close container lids. They may not place solid waste on top of a container or allow solid waste to protrude from the container. The contract hauler may refuse to collect any overfilled container.
3. Within Weight Limits. No one may discard solid waste in containers in excess of the weight limit that the contract hauler prescribes on the container. The contract hauler may refuse to collect any overweight container.
4. At Proper Set-Out Site. No one may discard solid waste for pickup by the contract hauler anywhere except at the set-out site designated by the contract hauler. The contract hauler may refuse to collect any misplaced container or bulky waste.
5. Contaminated Recyclables. If the contract hauler provides recyclables collection service, no one may discard any material in a recyclables container for collection by the contract hauler except recyclables. The contract hauler may inspect the contents of any recyclables container. The contract hauler must collect that container and discard its contents as refuse. In that event, the customer must pay the contract hauler $50.00, or other amount established by the manager.
B. No Refills. No one may discard a second load of solid waste in a cart or bin immediately after the contract hauler lifts and dumps the container. [Ord. FY2010-07 §3, 2010].
8.25.090 Billing and collection.
A. Payment. Every owner of premises in the collection service area must pay the contract hauler for solid waste collection service at the following times:
1. Monthly by the twenty-fifth day of each month, in advance, or other time provided in the collection contract; or
2. As determined by the manager.
B. Late Fees. If the contract hauler is not timely paid, the contract hauler may charge the following late payment fees:
1. Established under the collection contract; or
2. One percent per month on the outstanding balance with a minimum of $1.00 for each month.
C. Deposits. If, following request by the contract hauler, the borough reasonably determines that an owner of premises who is commencing new service has not established sufficient credit in the community to assure timely payment of solid waste collection service charges, the contract hauler may require a deposit in an amount equal to two months’ billings for the collection service requested, or other amount determined by the manager. The contract hauler may retain the deposit for up to one year, after which the owner may request the contract hauler to return the deposit if the owner has established a record of timely payment. Neither the borough nor the contract hauler is obligated to escrow or pay interest on the deposit.
D. Liens. Charges for solid waste collection and disposal service constitute a lien chargeable against the property being serviced, as if the charge had been levied or assessed as a property tax. If a customer does not pay solid waste service charges, upon request of the contract hauler, or by the determination by the borough, the borough may foreclose the solid waste collection service lien in the same manner as a property tax lien or as any other lien or mortgage against property. [Ord. FY2010-07 §3, 2010].
8.25.100 Transportation.
Everyone who transports cargo such as ashes, leaves, or other materials that might blow, fall, spill, drop, leak, sift, or otherwise escape from the transport vehicle during passage over a public alley, street, or road must contain the cargo by either of the following means:
A. Tight enclosure or container that is an integral part of the vehicle; or
B. A separate cover that is fastened onto the vehicle and secures the top and all sides of the cargo. [Ord. FY2010-07 §3, 2010].
8.25.110 Disposal of solid waste.
No one may dispose of solid waste generated in the collection service area or USCG except at state-permitted solid waste processing and disposal facilities in the borough, including any recyclables processing center operating in compliance with law and the borough landfill, unless exempted in writing by the manager. [Ord. FY2010-07 §3, 2010].
8.25.120 Disposal of hazardous and toxic wastes – Used motor oil – Electronic waste.
A. Nonborough Materials Banned. No one may dispose of hazardous or toxic waste, or used motor oil, which is generated from outside the borough, in the borough.
B. Residential Used Motor Oil. Everyone must dispose of any used motor oil generated on residential premises, at any facility operating in compliance with law, including the borough landfill. The borough landfill will charge the following fees or other fees determined by the manager:
1. Up to five gallons per month without charge; or
2. In excess of five gallons per month, but less than 10 gallons per month in containers not exceeding five gallons in size, for the charge in the borough user fee schedule.
C. Household Hazardous Waste. Everyone must dispose of household hazardous waste at the borough landfill, or other borough facility or sponsored collection event, and pay the borough the following fees or other fees as determined by the manager:
1. Up to 40 pounds per month without charge; or
2. More than 40 pounds per month for the charge in the borough user fee schedule.
Everyone must dispose of electronic waste, computer monitors, cathode ray tubes, circuit board containing components, cables, and cable boxes, generated on premises that are not residential, such as businesses or schools, at a facility designated by the manager, or, absent designation, at a facility operating in compliance with law and pay the charges established at the facility. [Ord. FY2010-07 §3, 2010].
8.25.130 Prohibition on burning of solid waste.
In addition to complying with Chapter 8.35 KIBC, no one may burn any materials that cause odor or black smoke that has an adverse effect on nearby persons or property, as determined by the manager, including the following:
A. Animal carcasses;
B. Petroleum-based materials such as plastic bags, or other materials contaminated with petroleum or petroleum derivatives; and
C. Any other solid waste. [Ord. FY2010-07 §3, 2010].
8.25.140 Solid waste handling services.
No one may directly or indirectly provide, organize, manage, direct, or sponsor solid waste handling services to someone else for compensation in cash, kind or credit, except the following:
A. The contract hauler; and
B. Someone transporting solid waste as an incident of its primary business, such as a contractor transporting construction and demolition debris, in its own vehicles. [Ord. FY2010-07 §3, 2010].
8.25.150 General conditions of service.
A. Collection Hours. Monday through Friday, 5 a.m. until 5 p.m. or as determined from time to time by the manager.
B. Vehicles. Contract hauler will keep each vehicle that it uses to provide solid waste collection service clean, flushed and washed daily, well painted, and in good repair, in reasonable judgment of the manager.
C. Carts and Bins. The contract hauler will provide everyone that receives cart or bin services with use of a cart, carts, bin or bins for storage of solid waste. Carts and bins will remain the property of the contract hauler, unless otherwise provided in the collection contract.
D. Customer Rights Notice. The contract hauler must provide each customer with a written “customer’s rights” notice, in format and content satisfactory to the manager, including the following:
1. Type and capacity of subscribed containers;
2. The day, or days, of service;
3. The location of the container set-out site;
4. A description of “solid waste” that may be discarded, and a list including examples of materials that may not be discarded, such as household hazardous waste, with alternatives for safe and legal discard;
5. Schedule of monthly service charges;
6. A description of optional services, such as scheduled or on-call collection of bulky waste, collection of containers from on the premises rather than at the public set-out site, certain container exchanges, bin locks, etc., with applicable charges; and
7. Any other matters required by the manager. [Ord. FY2010-07 §3, 2010].
8.25.160 Prohibition of scavenging and tampering.
A. Solid Waste Removal without Permission. No one may remove solid waste from someone else’s container without the written permission of the individual or entity that pays for solid waste collection services with that container or owns that container, except the following:
1. The contract hauler;
2. A law enforcement officer;
3. A borough employee; or
4. Someone authorized and directed by the manager, such as someone conducting solid waste audits.
B. Use of Container without Permission. No one may tamper with or use someone else’s container for any purpose without the written permission of the individual or entity that pays for solid waste collection services with that container or owns that container. [Ord. FY2010-07 §3, 2010].
8.25.170 Ownership.
Solid waste, or any other discarded material, remains the property of the generator until the occurrence of any of the following events:
A. Public Trash Cans. The generator legally discards the solid waste; for example, a restaurant customer discards a beverage container into a refuse receptacle provided by the restaurant where the customer purchased the beverage; or an automobile passenger discards litter in a refuse receptacle located at a gas station for use of customers.
B. Self-Haul. The owner, occupant, manager or other person in possession, charge or control of a premises where solid waste is generated removes solid waste located on the premises and legally discards the solid waste; for example, a resident self-hauls yard debris to the borough baler and landfill.
C. Contract Hauler Collection. The contract hauler collects solid waste from its customer and recycles or disposes of it in accordance with law.
Absent the occurrence of these events, solid waste, or other material, remains the property of the generator even if the generator abandons the solid waste, exercises no dominion or control over the solid waste or asserts no ownership of the solid waste. If the generator abandons that solid waste, for example by litter or illegal dumping, the manager may clean up and discard the solid waste and charge the generator the related solid waste handling costs. [Ord. FY2010-07 §3, 2010].
8.25.180 Baler facility and sanitary landfill.
A. The borough will provide for the disposal of solid waste generated in the collection service area, at the borough’s baler facility and sanitary landfill or at another facility or in another manner approved by the assembly, such as a materials processing or composting facility.
B. At the borough baler facility and sanitary landfill, no one may do any of the following:
1. Enter outside of posted opening hours, unless otherwise authorized by the borough; or
2. Deliver any materials prohibited under KIBC 8.25.200; or
3. Discard any material without first paying applicable user fees under KIBC 8.25.190; or
4. Dispose of any material in an area other than a designated area. [Ord. FY2010-07 §3, 2010].
8.25.190 User fee schedule.
A. Enterprise Funding. By resolution, the assembly will set fees for solid waste management services provided at the borough owned or operated facilities, including disposal of solid waste and household hazardous waste at borough’s baler facility and the sanitary landfill, sufficient to cover the facilities’ costs of operation, maintenance, and capital improvements without subsidy from any other source, as an enterprise and nonsubsidized freestanding operation.
B. Cash or Commercial Charge Accounts. No one may deliver any material to a facility owned or operated by the borough without paying applicable fees established by resolution of the assembly in cash upon delivery, except the following users:
1. The contract hauler and other commercial users determined by the manager, such as contractors that regularly deliver construction and demolition debris to the borough landfill, which may establish charge accounts under subsection D of this section.
C. Schedule. The assembly will establish a user fee schedule, which may provide fees for different categories of service, including the following:
1. Per unit of weight, such as ton, of solid waste;
2. Per unit of time, such as a half-hour, for materials that require special handling by facility personnel upon delivery, in addition to the applicable fees per ton;
3. For types and amounts of hazardous and toxic waste; or
4. For any other materials.
D. Charge Accounts. The manager may extend credit for user fees as follows:
1. An applicant may obtain a credit application from the director of finance or his designee;
All credit applications are subject to approval by the director of finance in his discretion and this may include a deposit. The borough may retain the deposit for up to one year, after which the owner may request the return of the deposit if borough determines that the applicant has established a record of timely payment. The borough is not obligated to escrow or pay interest on the deposit;
2. The charge account holder must pay bills within 30 days after the borough mails the monthly bill; and
3. The director of finance may revoke credit and charging privileges without notice to the charge account holder at any time an account becomes delinquent. [Ord. FY2010-07 §3, 2010].
8.25.200 Prohibited disposal.
A. Unpermitted. No one may deliver to, deposit at, or dispose in the borough landfill any of the following materials:
1. Material prohibited under the borough’s solid waste disposal permit issued by the Alaska State 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 no test results, required by law (e.g., 18 AAC 60.365) or as determined by the manager, have been submitted to the borough.
B. Exceptions. Exempt waste described below is prohibited from disposal unless it meets the following requirements:
1. It is mixed with nonexempt waste;
2. There is a public health, safety, or welfare threat or environmental problem associated with management of the exempt waste as determined by the manager; or
3. The exempt waste is being managed in a manner that causes or contributes to a nuisance.
“Exempt wastes” means the following:
1. Land clearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other similar waste;
2. Tree limbs and other foliage or woody debris, sometimes referred to as “slash,” in a timber harvest area;
3. Bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot be easily removed;
4. Crumb rubber used in asphalt paving;
5. Crushed glass;
6. Crushed asphalt pavement used:
a. In a building pad or parking area as road base, or pavement; or
b. As a material to construct a containment berm for a tank farm. [Ord. FY2010-07 §3, 2010].
8.25.210 Applicability 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) applies in the borough and failure to comply with 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”);
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 seq.);
4. Emergency Planning and Community Right to Know Act (42 U.S.C. Sections 11001 et seq.);
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. Occupational Safety and Health Act (29 U.S.C. Sections 651 et seq.), including 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, 2010].
8.25.220 Administration, implementation, and enforcement.
The manager is authorized to administer, implement, and enforce this chapter and promulgate related solid waste policy, unless this chapter expressly names another person. The 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;
E. District attorney;
F. Alaska State Department of Environmental Conservation;
G. Alaska Department of Fish and Game;
H. Alaska State Troopers; and
I. An enforcement officer. [Ord. FY2010-07 §3, 2010].
8.25.230 Enforcement officer.
A. Authority. The enforcement officer has the authority to issue citations, summons, and complaints, or notices of violation to anyone who violates this chapter.
B. Citation. A citation filed in the district court charging a violation under this chapter is deemed as a lawful complaint for purposes of prosecution under this chapter. [Ord. FY2010-07 §3, 2010].
8.25.240 Violations, enforcement actions and remedies.
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, scavenging 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, failure to maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for each day until the vehicle is repaired.
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;
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. If the manager believes that a person will imminently violate 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 exercise any equitable remedy available to the borough under law, such as a temporary restraining order or injunction.
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. [Ord. FY2010-07 §3, 2010].