Chapter 7.16
SOLID WASTE STORAGE, COLLECTION AND DISPOSAL
Sections:
7.16.030 Solid waste storage, collection and disposal compulsory.
7.16.040 Authority to define terms, establish policies and set emergency rates.
7.16.060 Solid waste collection.
7.16.070 Solid waste disposal.
7.16.072 Solid waste collection and disposal fees.
7.16.074 Solid waste collection and disposal billings.
7.16.075 Use of city trash compactor.
7.16.080 Solid waste service fund.
7.16.010 Policy and purpose.
It is hereby declared to be the purpose of this chapter to regulate the storage, collection and disposal of solid waste for all residences and businesses regardless of the amount of solid waste, if any, generated by any particular business or residence in order to protect the public health, safety and welfare and to enhance the environment for the people of the city of Ketchikan.
7.16.020 Definitions.
As used in this chapter each of the following terms shall have the meaning herein stated:
“Can” means a solid waste storage container not less than 20 and not more than 33 gallons.
“Collection vehicle” means any vehicle used to collect or transport waste or solid waste.
“Commercial account” means an account established for the charging and billing of costs associated with the collection or disposal of commercial waste, construction/demolition waste, industrial waste, commercial hazardous waste or household solid waste generated by a multiple dwelling unit complex. Persons, businesses or companies applying for a commercial account shall provide proof of a valid Alaska business license upon request. Terms and conditions of a commercial account including limits and method of payment shall be set by the city finance department.
“Commercial hazardous waste” means hazardous waste created or caused to be created by a store, shop or business.
“Commercial waste” means garbage and by-products from commercial shops and businesses other than those involved in manufacturing or industrial activities such as scraps, trimming, packing and other discarded materials not otherwise designated as hazardous waste. Commercial waste does not include solid waste from apartment buildings, residential complexes with multiple dwelling units or trailer parks.
“Construction/demolition waste” means solid waste originating from the construction or demolition of buildings and other structures including, but not limited to: concrete, brick, bituminous concrete, wood, masonry composition roofing, roofing paper, shakes, shingles, linoleum, glass, dirt, gravel, steel, aluminum, copper, galvanized or plastic piping, sheet rock (also called drywall or plasterboard) and plaster. In no event shall construction waste include dangerous or extremely hazardous waste of any kind, garbage, sewage waste, animal carcasses, chemical waste, petroleum waste, or asbestos.
“Garbage” means and includes all putrescible solid waste except sewage and body wastes, including animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food.
“Hazardous waste” means solid waste designated by 40 CFR Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency or other federal, state or local law or regulation for waste which requires special handling to avoid illness, injury, damage to property, contamination or pollution.
“Household hazardous waste” means all waste which would meet the characteristics or criteria for hazardous waste under any federal, state or local law or regulation except that it is generated at a residence and is exempt from those laws or regulations. Household hazardous waste includes, but is not limited to, cleaning agents, pesticides, solvents, motor fuels, crankcase oil, and chemicals used for home repair and remodeling, auto, boat and equipment maintenance, and hobby and recreation use.
“Household solid waste” means garbage and rubbish created or caused to be created in the day to day living of a residential dwelling unit, excluding white goods, bulky items such as furniture and large rugs and household hazardous waste.
“Industrial waste” means by-products from manufacturing operations such as scraps, trimming, packing, sludge, spill residues and other discarded materials not otherwise designated as hazardous waste. Industries producing industrial wastes include, but are not limited to, those providing the following products and services: textiles, synthetic fibers, lumber and wood products, ship and boat repair, fish processing, cruise ships and ferries, plastic materials and resins, synthetic rubber products, pharmaceuticals, organic chemicals, miscellaneous petroleum and coal products, rubber and miscellaneous plastic, machinery and mechanical products, pipelines, printing and publishing services, electrical services, petroleum refining, and wholesale petroleum marketing. Also included in this definition is ash from incinerators that burn waste products for fuel, such as waste-to-energy incinerators or hospital incinerators.
“Junked vehicle” means a motorized device used to transport persons or property upon highways, roads or trails which is wrecked, inoperable or partially dismantled and incapable of operating.
“Liquid” means a material that has a vertical flow of over two inches (50 mm) within a three-minute period, or a material having one gram or more liquid separation in accordance with the procedures specified in ASTM D 4359-84, “Standard Test Method for Determining whether a Material is a Liquid or Solid,” 1984 Edition, or any waste materials that are determined to contain free liquids by Method 9095 (Paint Filter Liquids Test), as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (U.S. EPA Publication No. SW-846).
“Mixed waste” means solid waste which is not separated, consists of a mixture or any combination of household solid waste, commercial waste, industrial waste, wood waste, earth material, metals and recyclables. In no event shall white goods, household hazardous waste, commercial hazardous waste or tires be mixed with any other solid waste.
“Municipal landfill” means the city of Ketchikan solid waste handling and recycling facility.
“Packer” means a vehicle designed, constructed and equipped specifically to transport solid waste.
“Person” means any individual, firm, partnership, association or corporation of any kind.
“Project account” means a temporary account established by noncommercial entities for the charging and billing of costs associated with the collection or disposal of construction/demolition waste. Charging and payment terms of a project account including limits and method of payment shall be set by the city finance department.
“Putrescible” means capable of being decomposed by microorganisms and becoming putrid.
“Recyclable materials” means solid waste materials designated by the director of public works as recyclable.
“Regulated refrigerants” means a class I or class II substance as listed in Title VI of the Federal Clean Air Act Amendments of 1990.
“Residential account” means an account established for the billing of costs associated with the collection and disposal of household solid waste generated by a residential dwelling unit.
“Residential dwelling unit” means an individual family residence located in a building or any portion thereof designed as a unit for occupancy by one family for living or sleeping purposes and having a kitchen or kitchenette.
“Rubbish,” also known as “trash,” means all nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cardboard, metal, glass, bedding, crockery, ashes and similar materials but not including land clearing debris or demolition from the wrecking of buildings.
“Solid waste” means useless, unwanted or discarded material with insufficient liquid content to be classified as a liquid waste.
“Solid waste collection” means the act of removing solid waste from the premises of a primary generating source to a place of solid waste disposal.
“Solid waste collector” means any person, persons, firm, partnership, corporation, city or other organization offering or providing solid waste collection services for compensation.
“Solid waste credit” means a credit issued to solid waste collectors or commercial accounts, established for the purpose of billing solid waste collection services that includes solid waste collected from multiple residential dwelling units that have been assessed a community disposal fee.
“Solid waste disposal” means the process of disposing of solid waste.
“Solid waste storage” means the interim containment of solid waste, in an approved manner, after generating and prior to collection and disposal.
“Storage container” means a garbage can, dumpster or other container used or designed for the deposit or storage of solid waste before transport to the landfill.
“Thrift store” means a store operated by a nonprofit organization engaged in the acceptance of donations of personal property for the purpose of reselling the donated personal property to support its charitable purposes.
“Tires” means any rubber or synthetic tire, without rims, used on motorized or nonmotorized vehicles.
“White goods” means major appliances, such as refrigerators, freezers, air conditioners, stoves, hot water heaters, trash compactors, dishwashers, washers and dryers.
“Yard waste” means waste resulting from maintenance or removal of vegetation, including, but not limited to: brush, branches, leaves, flowers, grass, shrubs and small trees. Yard waste shall not include animal excrement, rocks, garbage, solid waste other than yard waste, demolition debris, moderate risk waste, biomedical waste, dangerous waste, or extremely hazardous waste. (Ord. 1612 § 1, 2008)
7.16.030 Solid waste storage, collection and disposal compulsory.
The storage, collection and disposal of solid waste in a sanitary manner is compulsory and universal.
7.16.040 Authority to define terms, establish policies and set emergency rates.
(a) The director of public works or his designee is authorized to establish such policies for the collection and disposal of solid waste as he determines to be necessary or convenient for the safe, sanitary, legal and economical collection and disposal of solid waste. Notwithstanding any provisions of this chapter, the director of public works or his designee may refuse to accept any material for collection or disposal if, in his opinion, acceptance of such material would be detrimental or unduly burdensome to the city’s collection or disposal systems. The decision of the director of public works or his designee shall be final as to any questions over the classification of materials, the definitions of terms and the acceptance or rejection of materials.
(b) The city manager is authorized to temporarily raise rates or to temporarily impose new rates, which rates will remain in effect for not more than 90 days.
7.16.050 Solid waste storage.
(a) Storage Containers Required. It shall be the duty and responsibility of every person in possession, charge or control of any establishment where garbage or refuse is created or accumulated to at all times keep or cause to be kept adequate portable storage containers of approved size, type and construction and to deposit or cause to be deposited all garbage, rubbish or waste in said storage containers. Storage containers shall be strong, watertight, not easily corrodible, rodent-resistant, insect-resistant, of not less than 20 and not more than 33 gallons capacity, have handles at the sides and tight fitting overlapping covers and shall not exceed 60 pounds in weight when full; provided, however, that by agreement with the director of public works, bulk containers, such as dumpster units, may be used. Each storage container shall be kept clean inside and out by the customer. Covers shall not be removed except when necessary to place garbage and refuse in the storage container or to remove the same therefrom. All putrescible solid waste shall be drained of surplus liquids and shall be securely wrapped in paper or placed in watertight bags before being placed in the storage containers. Storage containers shall not be overloaded to the extent covers cannot be securely replaced. Where the director of public works or his designee deems necessary, a suitable raised platform, hanger or device shall be provided so that storage containers shall not freeze onto the ground or rest in water or on ice or be tipped over by animals. At the time of collection, storage containers shall be placed at accessible locations approved by the director of public works or his designee. Storage containers shall be loaded in such a manner as to be conveniently handled without spilling contents. Containers without handles or lids or with sharp edges or holes shall be considered solid waste and after written notice to the customer has been left with the container on the previous collection date, may, without liability, be collected and discarded by the solid waste collector. It shall be the duty of every person in possession, charge or control of any establishment to keep the area surrounding a storage container clean and free of any materials which may appear to be garbage, rubbish or waste. Any such material may without liability be collected and discarded by the solid waste collector.
(b) Bulky dry rubbish, such as cardboard or wooden boxes, tree limbs, magazines and newspaper, shall be flattened and tied in bundles with a stout cord. Such bundles or bales shall not exceed 36 inches in length or breadth, 20 inches in height and 50 pounds in weight. Yard waste and other dry rubbish which can be placed in plastic garbage bags may also be collected. Bags shall be leak-proof, durable in quality and when offered for collection shall be securely tied or fastened at the top and shall not contain any rips, tears or holes.
(c) Unauthorized Use of Solid Waste Storage Containers.
(1) No person shall deposit solid waste in or about a storage container owned or leased by another person, unless the storage container provides a public benefit as determined by the director of public works or his designee and the owner or lessee consents to such disposal.
(2) No person shall deposit solid waste in or about a storage container placed by a solid waste collector or other government agency on public property unless the solid waste was generated while making a permitted use of the public property associated with the storage container. Unless otherwise posted on the storage containers, storage containers placed by the city, borough or other government agency within public rights-of-way or public parking areas, scenic pullouts and overlooks abutting rights-of-way and similar places serving the traveling public may be used only for the deposit of solid waste generated while making a lawful use of such area or while traveling upon the streets and highways.
(3) Unless otherwise posted on the storage container, no person may deposit solid waste in or about a storage container which is on a facility or property which is a part of a city operated boat harbor or port facility unless the solid waste was generated during the use of a boat, whether it was generated while the boat was inside the harbor or was afloat or underway outside the harbor.
(4) Solid waste generated at a residential dwelling shall not be deposited in a storage container other than one provided to service such dwelling, structure or place.
(5) Unless otherwise permitted under this section, solid waste which is generated outside of the city shall not be deposited in any container within the city unless approved by the director of public works or his designee.
(d) Compliance with Regulations. Every person shall properly and promptly store all solid waste for collection and disposal in accordance with the requirements of this chapter.
7.16.060 Solid waste collection.
(a) Hauling of Solid Waste. It shall be unlawful for any collector or person to transport solid waste except in a covered, watertight and drip-proof vehicle equipped with a metal box with welded seams; provided, however, that dry solid waste or tightly bagged garbage may be conveyed in suitable containers and vehicles with appropriate coverings which keep the contents from escaping.
(b) Solid Waste Collection.
(1) Solid waste collection shall be required by all residential dwelling units. It shall be the responsibility of the owner or occupant of any residential dwelling unit to apply for solid waste collection services. The city public works department, sanitation collection division, shall be the sole, exclusive solid waste collection service for all residential dwelling units, including but not limited to single-family dwellings, multiple-family dwellings, townhouses, apartment complexes and trailer parks. Collection of household solid waste generated at a residential dwelling unit by a solid waste collector other than the city public works department, sanitation collection division must be approved through a formal agreement between the city and the solid waste collector. Collection and hauling of household hazardous waste, white goods, recyclables and other solid wastes which are not household solid waste shall be the responsibility of the residential dwelling unit owner or occupant.
(2) Owners or occupants of residential dwelling units may haul and deliver to the municipal landfill household solid waste generated from their residential dwelling unit; however, such hauling and delivery shall not reduce the solid waste collection fees owed to the city.
(3) Commercial accounts may use their own equipment and their own employees to collect and haul solid waste generated by the business to the municipal landfill or contract solid waste collection services to the city of Ketchikan public works department, sanitation collection division. Collection of commercial solid waste by a solid waste collector other than the city public works department, sanitation collection division must be approved through a formal agreement between the city and the solid waste collector.
(4) Collection Schedule.
(A) All solid waste shall be collected and disposed of at intervals determined by the director of public works or his designee.
(B) Residential dwelling units shall have a minimum of weekly service unless otherwise determined by the director of public works or his designee.
(C) Cafes, restaurants and other establishments serving food; commercial business; industrial businesses, and all other establishments shall have a level of service that does not create a public nuisance or health hazard as determined by the director of public works or his designee. (Ord. 1919 § 1, 2020; Ord. 1809 § 1, 2016)
7.16.070 Solid waste disposal.
(a) Ketchikan Solid Waste Handling and Recycling Facility. The city of Ketchikan’s solid waste handling and recycling facility is designed, constructed and operated primarily for the handling and disposal of mixed municipal solid waste by baling and shipping of noninert waste and recycling or landfilling of inert waste. Methods for operations of the facility and policies for acceptance and disposal of solid waste are matters within the sole discretion of the city of Ketchikan. Waste other than mixed municipal waste or inert waste may be accepted with condition or prohibited. The following items are prohibited: trees and root wads, soil with organics, metals, and hazardous materials, fuel tanks which have not been properly cleaned or ends not removed, and tires from heavy truck and equipment.
(b) All garbage, household hazardous wastes and white goods shall be disposed of at the municipal landfill or at any other landfill approved by the city and all applicable governmental agencies. Construction wastes, demolition wastes, industrial wastes, recyclables, rubbish, tires and yard wastes shall be disposed of at the municipal landfill or any other Alaska Department of Environmental Conservation approved landfill or disposed of by any other method or means approved by the Alaska Department of Environmental Conservation.
(c) Unless otherwise approved by the public works director, solid waste hauled to the municipal landfill for disposal shall be classified into the following categories:
(1) Household solid waste.
(2) Commercial waste.
(3) Industrial waste.
(4) Household hazardous waste.
(5) Regulated asbestos.
(6) White goods.
(7) Recyclables, separated, as determined by the public works director.
(8) Construction/demolition waste, commercial waste and other bulky items such as furniture, large rugs, excluding hazardous waste.
(9) Wood waste free of metal, rocks and nonwoody debris excluding trees and root wads.
(10) Earth material including dirt, rocks and soil free of organic material.
(11) Yard waste.
(12) Metals excluding aluminum cans.
(13) Tires.
(14) Materials requiring incineration including but not limited to animals, biomedical waste and foreign cruise ship garbage.
The decision of the director of public works or his designee shall be final in determining all classifications. Solid waste which is not separated, consisting of a mixture or any combination of household solid waste, commercial waste, industrial waste, wood waste, earth material, metals and recyclables, will be considered as mixed waste. In no event shall white goods, household hazardous waste, commercial hazardous waste or tires be mixed with any other solid waste. The solid waste collector or customer delivering the solid waste shall be responsible for separating and depositing the solid waste as stipulated in the city of Ketchikan Deer Mountain solid waste recycling and handling facility operating plan. (Ord. 1919 §§ 2, 3, 2020; Ord. 1809 § 2, 2016; Ord. 1797 § 1, 2015; Ord. 1612 § 2, 2008)
7.16.072 Solid waste collection and disposal fees.
(a) Establishment of a Solid Waste Fee Schedule. A solid waste fee schedule for solid waste collection and disposal fees shall be as established by resolution of the council.
(b) Solid Waste Fee Adjustment. The solid waste fee schedule established under subsection (a) of this section shall be adjusted annually in an amount equal to the increase or decrease in the city’s contractual costs for solid waste transport and disposal services and recyclable material transportation processing services as determined by the finance and public works directors and approved by the city manager.
(c) Solid Waste Collection Fee for Residential Accounts. All residential accounts will be assessed and charged according to the solid waste fee schedule for the collection of household solid waste. The owner of the residential dwelling unit shall be responsible for solid waste collection fees which are not paid by the occupant.
(d) Solid Waste Collection Fee for Commercial Accounts. Unless otherwise negotiated and agreed to by the city, commercial accounts for which the city provides solid waste collection services shall be charged according to the solid waste fee schedule. The owner of the commercial property shall be responsible for solid waste collection and disposal fees which are not paid by the occupant. All past due fees for a location shall be paid prior to opening a new account for that location. Solid waste collection fees for commercial accounts shall include the cost for disposal.
(e) Multiple Residential Dwelling Commercial Accounts. Multiple residential dwelling unit complexes which have established commercial accounts for collection and disposal of household solid waste shall be eligible for a solid waste residential credit equal to $1.89 times the number of cans of residential solid waste collected from the residential dwelling units. The credit shall represent disposal costs for household solid waste paid for through the community solid waste disposal fee identified in subsection (f) of this section. The solid waste residential credit application, terms and conditions shall be subject to approval by the city public works and city finance departments. The solid waste residential credit shall be posted on a monthly basis, in arrears, and shall be based on the number of multiple residential units listed in the application for the solid waste residential credit on file with the city finance department.
(f) Community Solid Waste Disposal Fee. All owners or occupants of residential dwelling units shall pay a community solid waste disposal fee as established by the solid waste fee schedule, which shall be billed and collected in the same manner as the solid waste collection fee unless otherwise determined by the city manager. The community solid waste disposal fee shall be charted to all residential dwelling units. Regardless of the amount of solid waste, if any, generated by any particular residence, in order to protect the public health, safety and welfare and to enhance the environment of the people of the city of Ketchikan. Suspension of the community solid waste disposal fee will not be permitted for absences or vacancies.
(g) Landfill Disposal Fee. Solid waste separated in accordance with KMC 7.16.070(c) and delivered to the municipal landfill shall be charged a landfill disposal fee as set forth in the solid waste fee schedule; notwithstanding, however, the director of public works or his designee may increase or decrease the landfill disposal fee if, in his opinion, acceptance of such solid waste would create additional costs or be a benefit to the operations of the landfill:
(1) Materials requiring incineration, actual cost of incineration plus 10 percent for administration.
(2) Thrift Store Waste.
(A) No charge to thrift stores for the disposal of solid waste left at the thrift store by other persons which is not accepted by the thrift store for resale.
(B) To qualify for no charge disposal under subsection (g)(2)(A) of this section, the thrift store must first obtain a thrift store identification card from the city clerk upon proof the store is qualified as a thrift store under this chapter and present such card at the time of disposal.
(C) Except as provided in this subsection (g)(2), thrift stores are subject to the applicable solid waste disposal fees for all other waste.
(h) Solid waste collectors, excluding the city of Ketchikan, which have established accounts for collection and disposal of household solid waste for persons paying the solid waste disposal fee, shall be eligible for a solid waste residential credit equal to $1.89 times the number of cans of residential solid waste collected from the residential dwelling units. The credit shall represent disposal costs for household solid waste paid for through the community solid waste disposal fee identified in KMC 7.16.070(c). The solid waste residential credit shall be posted on a monthly basis, in arrears after receiving a monthly report detailing the number of residential accounts served and the number of residential cans collected. The report format shall be preapproved by the city public works director and shall be due on or before the tenth of each month. Upon the request of the city public works director, solid waste collectors shall provide all records needed to verify the monthly reports.
(i) In the event the scales at the municipal landfill are not operational, the solid waste disposal fee shall be based on an estimate of the number of cubic yards of solid waste, as determined by the city. Compacted solid waste shall be charged $55.00 per cubic yard and noncompacted solid waste shall be charged $18.00 per cubic yard. (Ord. 1919 § 4, 2020)
7.16.074 Solid waste collection and disposal billings.
(a) Billings for residential accounts will be mailed or delivered to the same name and address as appears on the residential electrical account serving the residence, except for instances when two or more dwelling units are served by one electrical account or if the residential dwelling unit does not receive electrical service, in which case each residential dwelling unit will be billed separately. Billing for household solid waste collection services shall be on a monthly basis, commencing with the date of residential dwelling occupancy or beginning date of the residential unit’s electrical account, whichever is earlier. Failure to receive a bill does not relieve the owner/occupant of responsibility for the charges.
(b) The city manager is authorized to negotiate special billing rates, terms and condition for the collection of commercial accounts.
(c) All monthly bills for services rendered are due and payable within 25 days after the billing date, and if not paid, become delinquent and the account shall be deemed in default. Accounts in default shall be assessed a penalty of five percent. Billings delinquent in excess of 120 days may be turned over to a collection agency.
(d) In the event of overcharges or undercharges for solid waste collection and disposal services, adjustments will be limited to the most recent six-month period prior to discovery and notification of the error.
(e) All solid waste disposal fees assessed at the municipal landfill are due and payable as services are rendered unless a commercial or project account has been established with the city. All commercial and project accounts shall be subject to review and approval by the city finance department in accordance with generally accepted credit practices. (Ord. 1919 § 5, 2020)
7.16.075 Use of city trash compactor.
The rate and other terms and conditions for the use of any city supplied trash compactor shall be as set forth in a written agreement between the city and the customer and approved by the council. (Ord. 1809 § 3, 2016)
7.16.080 Solid waste service fund.
The charges for collection and disposal provided in this chapter are intended for the purpose of paying the cost of providing such services including, but not limited to, the cost of operations, maintenance, administration, debt service, landfill closure, equipment acquisitions and capital improvements. All fees and charges received by the city for solid waste collection and disposal services and the cost of providing such services shall be accounted for in a special revenue fund entitled solid waste service fund. (Ord. 1339 §§ 1 – 13, 1996; Ord. 1312 § 1, 1995; Ord. 1308 § 1, 1994; Ord. 1257 § 2, 1993; Ord. 1188 § 2, 1990)