Chapter 21.20
GARBAGE AND SOLID WASTE1

Sections:

21.20.010    Definitions.

21.20.020    Chapter purpose.

21.20.030    Solid waste disposal facilities.

21.20.040    Recycling of materials.

21.20.060    General prohibition.

21.20.070    Landfill tipping fees.

21.20.080    Use of borough waste facilities.

21.20.090    Waiver of tipping fees.

21.20.100    Collection and transportation of solid waste.

21.20.110    Penalty for violations.

21.20.010 Definitions.

In this chapter unless the context requires otherwise:

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. 2017-49 § 6, 2017; Ord. 2012-49 § 2, 2012; 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. 2004 Code § 8.12.021.)

21.20.020 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. 2004 Code § 8.12.011.)

21.20.030 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 landfill;

2. Other borough-owned or borough-operated facilities.

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 landfill or borough recycling facilities, including private dumpsters or recycling bins located at apartment complexes, mobile home parks, commercial businesses, and other locations. For the purposes of this subsection, 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. (Ord. 2017-49 § 7, 2017; Ord. 94-056 § 2, 1994; amended during 1993 republication; Ord. 89-038 § 3, 1989; Ord. 84-29 § 2, 1984. 2004 Code § 8.12.031.)

21.20.040 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, steel cans, and tin cans;

3. Corrugated cardboard, flattened;

4. Computer paper, office paper, and mixed paper;

5. Electronics;

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 process to end markets 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. It is the policy of the Fairbanks North Star Borough to encourage reduction, reuse and recycling of solid wastes generated in the borough. (Ord. 2017-49 § 8, 2017; 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. 2004 Code § 8.12.033.)

21.20.060 General prohibition.

A. No person shall dispose of solid wastes, special solid wastes or sludge in any place except those listed in FNSBC 21.20.030.

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 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.

D. 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.

E. 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.

F. 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 subsection (D) of this section.

G. No person shall dump at the borough’s public dumpsters bulky wastes, dead animals, infectious wastes, demolition debris or special solid wastes. (Ord. 2013-07 § 4, 2013; Ord. 94-056 § 3, 1994; Ord. 89-038 § 4, 1989; Ord. 84-29 § 2, 1984. 2004 Code § 8.12.041.)

21.20.070 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 8.60.010.

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. 2004 Code § 8.12.046.)

21.20.080 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. 2004 Code § 8.12.051.)

21.20.090 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 8.04.010, during the course of rehabilitation, repair, construction, reconstruction, renovation, demolition, removal or replacement of any structure on such property.

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. 2004 Code § 8.12.055.)

21.20.100 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. 2004 Code § 8.12.061.)

21.20.110 Penalty for violations.

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. (Ord. 2013-26 § 7, 2013; Ord. 2003-43 §§ 4, 5, 6, 2003; Ord. 89-038 § 5, 1989; Ord. 84-29 § 2, 1984. 2004 Code § 8.12.071.)


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    For statutory provisions authorizing municipalities to regulate garbage and solid waste collection and disposal, see AS 29.35.