Chapter 8.15


8.15.010    Authority and scope.

8.15.020    Solid waste disposal compulsory.

8.15.030    Solid waste disposal.

8.15.040    Community solid waste disposal fee.

8.15.050    Solid waste disposal billings.

8.15.060    Penalties for violations.

8.15.070    Definitions.

Prior Legislation – Ord. No. 693, §1; Ord. No. 952A, §1.

Cross Reference – Sanitation, KGBC 10.15.140.

8.15.010 Authority and scope.

(a)    Pursuant to AS 29.35.210(a)(4) and 29.35.050, the Ketchikan Gateway Borough hereby exercises the power to provide for solid waste on a nonareawide basis as herein provided.

(b)    The borough, in order to ensure cost effective and environmentally sound collection and/or disposal of solid waste, may:

(1)    Provide for the establishment, maintenance and operation of a system of solid waste collection and/or disposal;

(2)    Require the use of such system for collection and/or disposal of solid waste;

(3)    Levy and collect taxes, and expend funds for such purposes;

(4)    Fix and establish fees, rates, and otherwise regulate the manner of collection and/or disposal of solid waste;

(5)    Provide for penalties for violations of ordinances adopted pursuant to this section;

(6)    Apply for, receive, dispense and administer grants, contributions and other moneys;

(7)    Enter into agreements, contracts and other arrangements, including agreements for the cooperative or joint administration of any functions and powers, with the State, municipalities, federal government, or other public and private agencies, corporations, associations, organizations or individuals;

(8)    Purchase, lease, exchange or otherwise acquire an interest in real or personal property, and sell, lease, exchange, or otherwise dispose of real or personal property, or an interest in real or personal property;

(9)    Initiate, undertake and participate in such studies, programs, and projects as are deemed necessary or appropriate to exercise the power to provide for the collection and/or disposal of garbage and solid waste; and

(10)    Engage in and take such other and additional actions as are deemed necessary or appropriate in furtherance of the power and authority provided for under AS 29.35.210(a)(4) and 29.35.050 to provide for and regulate the collection and/or disposal of garbage and solid waste.

(c)    Nonareawide solid waste powers shall be administered through an agreement with the city of Ketchikan for disposal of solid waste and collection of a nonareawide solid waste disposal fee. [Ord. No. 1110, §1, 7-6-99. Code 1974 §29.10.010.]

8.15.020 Solid waste disposal compulsory.

The disposal of solid waste in a sanitary manner is compulsory and universal. [Ord. No. 1110, §1, 7-6-99. Code 1974 §29.20.010.]

8.15.030 Solid waste disposal.

Disposal of solid waste in a sanitary manner means that 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 of Ketchikan 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. [Ord. No. 1106, §1, 6-5-99. Code 1974 §29.20.020.]

8.15.040 Community solid waste disposal fee.

(a)    All owners or occupants of residential dwelling units shall pay a community solid waste disposal fee of $20.50 per month which shall be billed and collected through an agreement with the city of Ketchikan for disposal of solid waste and collection of a nonareawide solid waste disposal fee. The community solid waste disposal fee shall be charged to all residential dwelling units located within the area of the borough outside cities and within the roaded area including Pennock Island and Gravina Island, 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 Ketchikan Gateway Borough. Suspension of the community solid waste disposal fee will not be permitted for absences or vacancies.

(b)    The community solid waste disposal fee will allow for the disposal of the following properly separated solid waste delivered to the municipal landfill, subject to the adopted laws and regulations of the city of Ketchikan:

(1)    Household solid waste.

(2)    Household hazardous waste.

(3)    White goods. A fee of $25 may be charged for each appliance which utilizes refrigerants and does not contain a certificate stating the appliance has been drained of all refrigerants.

(4)    Recyclables, separated as required, generated from residential dwelling units.

(5)    Earth material including dirt, rock and soil free of organics, metals and hazardous materials. Hauled in quantities less than two cubic yards provided the earth material was generated at the residential dwelling unit for which the fee was paid.

(6)    Yard waste.

(7)    Tires from noncommercial automobiles, vans and light trucks in quantities of four tires and less. [Ord. No. 1932, §1, 11-2-20; Ord. No. 1773, §1, 9-21-15; Ord. No. 1110, §1, 7-6-99. Code 1974 §29.20.030.]

8.15.050 Solid waste disposal billings.

The solid waste disposal fee established in this chapter shall be billed and collected as provided through an agreement with the city of Ketchikan for disposal of solid waste and collection of a nonareawide solid waste disposal fee. [Ord. No. 1110, §1, 7-6-99. Code 1974 §29.20.040.]

8.15.060 Penalties for violations.

(a)    Compliance with Regulations. Every person shall dispose of solid waste in a sanitary manner in accordance with the requirements of this title.

(b)    Enforcement. The penalty for violation of this title shall be a fine of $200. A person who is responsible for the depositing of the waste in violation of this title is liable for costs of removal and disposition of the waste, including cleanup costs, tipping fees, special dump fees for hazardous materials, administrative costs of disposal and any other fees associated with the disposal of the waste. The borough may request and the court may award these costs as restitution. Each day the improperly disposed waste remains shall be a separate violation subject to an additional penalty of two hundred dollars ($200.00). [Ord. No. 1274, §2, 7-21-03; Ord. No. 1110, §1, 7-6-99. Code 1974 §29.20.050.]

8.15.070 Definitions.

As used in this chapter each of the following terms shall have the meaning herein stated:

“Air contaminant” means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these.

“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.

“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 a liquid, gaseous, solid or other waste substance or a combination of them resulting from process of industry, manufacturing trade or business, or from the development of natural resources; however, gravel, sand, mud, or earth taken from its original situs and put through sluice boxes, dredges, or other devices for the washing and recovery of the precious metal contained in them and redeposited in the same waterbed from which it came is not industrial waste.

“Junk vehicle” means a motor vehicle that exhibits one (1) of the following three (3) attributes:

(1)    Is in a condition which exhibits two (2) of the following elements; or is not currently registered for operation upon the public roads in the state of Alaska and exhibits one (1) of the following elements:

a.    Broken glass;

b.    Missing wheels or tires;

c.    Missing body panels or parts;

d.    Missing drive train parts.

(2)    Is stripped, wrecked or otherwise inoperable due to mechanical failure.

(3)    Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle.

“Litter” means all waste materials including discarded used appliances, debris, disposable packages or containers and the like, disposed of in a manner prohibited by KGBC 8.40.040, but does not include the wastes of the primary processes of mining or other extraction process, logging, sawmilling, farming, or manufacturing.

“Municipal landfill” means the City of Ketchikan Solid Waste Handling and Recycling Facility.

“Other wastes” means garbage, refuse, decayed wood, sawdust, shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other substances not sewage or industrial waste which may cause or tend to cause pollution of the waters of the state.

“Pollution” means the contamination or altering of waters, land or subsurface land of the state in a manner which creates a nuisance or makes waters, land or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety or welfare to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, birds, fish, or other aquatic life.

“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 collector” means any person, persons, firm, partnership, corporation, city or other organization offering or providing solid waste collection services for compensation.

“Tires” means any rubber or synthetic tire, without rims, used on motorized or nonmotorized vehicles.

“Vehicle” means a mechanically driven device of any kind that is used for the transportation of a person or property on a public highway, path, trail, air or water, and includes automobiles, trucks, motorcycles, snow machines, boats, aircraft and off-road recreation vehicles.

“Waters” includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, or other waters, in the territorial limits of the state within the borough, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially in or bordering the state or under the jurisdiction of the state and located within the borough.

“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. No. 1182, §2, 5-21-01; Ord. No. 1110, §1, 7-6-99. Code 1974 §29.20.090.]