8.25.005    Definitions

8.25.010    Purpose

8.25.020    Definitions [Recodified as MSB 8.25.005]

8.25.030    Sewage disposal

8.25.040    Use and location of facilities

8.25.050    Pollution prohibited

8.25.060    Enforcement [Repealed]

8.25.070    Penalty for violation [Repealed]

8.25.080    Violations, enforcement, and penalties

Statutory reference

For statutory provisions authorizing second-class boroughs to provide for water pollution control in the area outside cities, see A.S. 29.35.210


(A)    For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)    “Cesspool” means a lined and covered excavation in the ground which receives the discharge of domestic sewage or other organic wastes from a building, designed to retain the organic matter and solids, but permitting the liquids to seep through the bottom and the sides.

(2)    “Pollution” means the contamination or altering of water or its contents to create a nuisance or make water unclear, or noxious, or impure, or unfit so that the water is actually or potentially harmful, 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.

(3)    “Septic tank” means a watertight receptacle which receives the discharge of a building sanitary drainage system or part of the discharge, and is designed and constructed to separate solids from the liquid, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside of the tank through a system of open-joint or perforated piping, or a seepage pit.

(4)    “Sewage” means any or all of the following:

(a)    human excreta;

(b)    food wastes disposed of through sewers;

(c)    wash water;

(d)    liquid wastes from residences, institutions, business buildings and industrial establishments;

(e)    diluting water in the waste disposal system;

(f)    water-carried waste products or discharge from human beings; and

(g)    other wastes from residences, public or private buildings.

(Ord. 94-001AM, § 8 (part), 1994; Ord. 73-11, § 5, 1973)

8.25.010 PURPOSE.

The purpose of this chapter is to prevent the pollution of the waters of the state within the borough. All human excreta, sewage and other wastes shall be disposed of in a properly designed, constructed and maintained sanitary sewer system, septic tank or pit privy as prescribed in this chapter.

(Ord. 94-001AM, § 8 (part), 1994; Ord. 73-11, § 1, 1973)

8.25.020 Definitions. [Recodified as MSB 8.25.005]


(A)    A person may not discharge or dispose, from facilities under the person’s control, sewage or other wastes so sewage or other wastes shall gain access to any surface or subsurface waters of the state within the borough unless the sewage or wastes are first treated through a collective or individual sewage disposal system adequate to prevent water pollution.

(B)    Cesspools shall not be permitted.

(C)    Septic tanks shall have minimum tank capacities as follows:

(1)    one to four bedrooms: 1,000 gallons;

(2)    for each additional bedroom: 250 gallons shall be added to the minimum tank capacity.

(D)    A person shall not conduct a commercial or industrial operation which results in the disposal of solid or liquid waste material into the waters of the state within the borough without procuring a permit from the state department of environmental conservation.

(Ord. 94-001AM, § 8 (part), 1994; Ord. 73-11, § 2, 1973)


An abandoned well or deep well may not be used for the disposal of sewage or used as a receptacle for household wastes. A septic tank, privy, seepage pit or subsurface disposal field may not be located within 100 feet of a well or within 100 feet of a lakeshore, stream, or any other body of water.

(Ord. 94-001AM, § 8 (part), 1994; Ord. 73-11, § 3, 1973)


A person may not pollute or add to the pollution of any lake, stream or other body of water.

(Ord. 94-001AM, § 8 (part), 1994; Ord. 73-11, § 4, 1973)

8.25.060 Enforcement. [Repealed by Ord. 95-088(SUB)(am), § 5 (part), 1995. See MSB 8.25.080 for current provisions]

8.25.070 Penalty for violation. [Repealed by Ord. 95-088(SUB)(am), § 6 (part), 1995. See MSB 8.25.080 for current provisions]


(A)    Except as otherwise specified in this chapter violations of this chapter are infractions.

(B)    Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.

(Ord. 95-088(SUB)(am), § 17 (part), 1995)