Chapter 15.18
GARBAGE1
Sections:
15.18.020 Refuse containers – Specifications.
15.18.025 Refuse containers – Borough-owned.
15.18.030 Refuse containers – Required.
15.18.032 Refuse containers – Maintained.
15.18.040 Refuse containers – Location.
15.18.050 Disposal of offensive refuse – Prohibited.
15.18.052 Burning of certain materials prohibited.
15.18.060 Sanitation department.
15.18.061 Funds – Accounting system.
15.18.070 Collection or disposal fees.
15.18.075 Monofill disposal permit and fees.
15.18.080 Collection times and frequency.
15.18.090 Notification of collection need.
15.18.100 Disposal at and maintenance of municipal solid waste handling facility.
15.18.110 Penalty for violation.
15.18.010 Definitions.
The following words, when used in this chapter, shall have the meanings respectively ascribed to them:
A. “Garbage” includes all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, vegetables or fruits and containers originally used for such foodstuffs.
B. “Refuse” means garbage or rubbish or both.
C. “Rubbish” means nonputrescible solid wastes such as wastepaper, cardboard, wood, tin cans, glass, bottles, yard rakings, tree limbs, bedding, metals, trash, sweepings and all other similar substances which may become nuisances from all public and private establishments and residences.
Rocks, dirt, car bodies and scrap iron are excluded. [Ord. 809 § 4, 2008; Ord. 200 § 5, 1967; prior code § 42.40.110. Formerly 9.04.010.]
15.18.020 Refuse containers – Specifications.
A. Except as provided in subsection (B) of this section, each and every owner, tenant, housekeeper or other person occupying any room, dwelling, house, apartment or other building or portion thereof and producing or being responsible for the disposal of refuse shall provide sturdy, pest-proof receptacles with a capacity not to exceed 33 gallons approved by the borough manager or his authorized agent for residential use. Such containers shall not exceed 55 pounds in weight in full.
B. It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any commercial premises, including apartment buildings with more than two apartments or mixed commercial buildings with three or more apartments, to maintain a pest-proof bulk storage container or containers provided by the borough sanitation department.
C. It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises or dwelling unit to place the daily accumulations of refuse in the container or containers required in this chapter, and it shall be the duty of every person placing garbage in any such container to eliminate, as far as possible, all water and liquid from such garbage and to securely bag garbage before placing same in such container. [Ord. 812 § 1, 2008; Ord. 809 § 4, 2008; Ord. 764 § 5, 2005; Ord. 660 § 5, 1999; Ord. 634 § 4, 1997; Ord. 574 § 4, 1991. Formerly 9.04.020.]
15.18.025 Refuse containers – Borough-owned.
A. All bulk storage containers shall be provided and owned by the borough sanitation department. An additional lease fee, as set forth in Table 15.18.070, shall be assessed in addition to collection charges on all borough-owned bulk storage containers.
B. Customer-owned bulk storage containers previously approved by the borough sanitation department shall be allowed to remain in service until the end of their usable life, at which time they will be replaced by borough-owned bulk storage containers.
C. All borough-owned bulk storage containers shall be maintained and repaired by the borough. [Ord. 911 § 3, 2015; Ord. 812 § 2, 2008.]
15.18.030 Refuse containers – Required.
A. Every person in possession, charge or control of any place where refuse is created or accumulated shall provide sufficient number of containers to accommodate all refuse accumulated between successive collections.
B. The owner of a multiple dwelling less than three units shall furnish or require his tenants to furnish proper garbage containers. Refuse containers furnished by the tenants located at multiple dwellings shall be marked so as to indicate the apartment to which they belong. [Ord. 911 § 4, 2015; Ord. 812 § 3, 2008; Ord. 809 § 4, 2008; Ord. 660 § 5, 1999; Ord. 200 § 5, 1967; prior code § 42.40.020. Formerly 9.04.030.]
15.18.032 Refuse containers – Maintained.
Each refuse container shall be kept closed except when it becomes necessary to deposit or to remove refuse. Containers shall not be overfilled as to allow animals or wildlife to access its contents. Each container shall be kept clean and upright so as not to create an odor nuisance or endanger public health or safety. [Ord. 911 § 5, 2015.]
15.18.040 Refuse containers – Location.
A. Containers approved for use by the borough manager or his authorized agent, in which refuse is placed to be removed by the borough or its authorized collector, shall be located in plain view in an accessible location at the ground level or on an open platform or open porch not more than four feet above the adjacent roadway and so placed that they may be reached from the ground by the collector. They shall not be located within a building or other structure unless such building or structure has been approved for refuse storage by the borough manager or his authorized agent. If the premises on which such refuse accumulates abuts on a public alley, such container shall be located immediately adjacent to such alley. If such alley is not available but a private driveway is available said container shall be located immediately adjacent to such driveway. The containers shall be placed at the edge of the developed roadway. If more than one container is necessary to hold the refuse accumulated at a customer’s premises, or if more than one container is used for the refuse from any one building, all containers shall be placed at the same location on the premises. A residential customer may choose to not place their refuse containers at the edge of the developed roadway and have the container picked up for an additional fee if said container is within 40 feet of the developed roadway.
B. The borough or its authorized collector will not be required to collect refuse, garbage or rubble where there are obstructions such as excessive snow in pathway to containers, vicious dogs, excessive liquid in containers, parked vehicles, etc. [Ord. 809 § 4, 2008; Ord. 660 § 5, 1999; Ord. 644 § 5, 1998; Ord. 574 § 4, 1991. Formerly 9.04.040.]
15.18.050 Disposal of offensive refuse – Prohibited.
A. It is unlawful for any person to deposit refuse which may be offensive, noxious, or dangerous to the public health on any private property, public ground, alley, street, area, way, or on other public place within the borough limits where it may become dangerous or offensive to the public health.
B. Nothing contained in this chapter shall be construed to prevent a person from removing rubbish from his private property and transporting it to any approved disposal area; provided, that all borough regulations relating to the use of the disposal area are complied with; and provided further, that the private hauling shall not excuse said person from paying a refuse collection or disposal fee. [Ord. 911 § 6, 2015; Ord. 809 § 4, 2008; Ord. 383 § 5, 1979; prior code § 42.40.040. Formerly 9.04.050.]
15.18.052 Burning of certain materials prohibited.
A. No person may cause or allow burning of materials which creates a danger to public health or safety or a public or private nuisance. No person may cause or allow the burning of rubber, plastic, tar, petroleum products, automobile parts, putrescible garbage, petroleum-treated products, oily waste, contaminated oil cleanup materials, or other materials in a way that produces black smoke or offensive smoke.
B. Except as prohibited in this section, the outside burning of paper, cardboard, wood, and yard trimming materials is allowed in a burn barrel, homemade burn box, wood stove, outdoor boiler, or open pit. [Ord. 911 § 7, 2015.]
15.18.060 Sanitation department.
A. The sanitation department shall collect and dispose of refuse accumulated and make occasional inspections for compliance with this chapter.
B. It shall acquire such equipment and hire such employees as may be necessary to fulfill effectively its duties.
C. No person shall operate any other public refuse collection system without permission of the assembly. [Ord. 809 § 4, 2008; Ord. 200 § 5, 1967; prior code § 42.40.050. Formerly 9.04.060.]
15.18.061 Funds – Accounting system.
The sanitation fund, owned and operated by the borough, shall be operated from an enterprise fund separate from the general fund. An accounting system for each fund shall be established within the general accounting system of the borough, and shall be set up and maintained as to reflect the financial condition of the enterprise. A balance sheet and statement of income and expense shall be made for the sanitation fund annually and as often as the borough assembly may require. [Ord. 809 § 4, 2008; Ord. 712 § 4, 2002. Formerly 9.04.061.]
15.18.062 Use of moneys.
None of the income money or property of the sanitation fund shall be placed in the general fund or be used for the benefit of anything outside of the fund to which it belongs without due compensation or due value received and returned. [Ord. 809 § 4, 2008; Ord. 712 § 4, 2002. Formerly 9.04.062.]
15.18.070 Collection or disposal fees.
The assembly shall, by resolution, establish fees for the collection or disposal of monthly refuse collection or disposal rates in the public works department. A public hearing shall be required on the resolution that establishes such fees.
A. Every owner, occupant, liveaboard, tenant or lessee within the borough’s garbage collection service area shall receive refuse pickup service and shall pay such fees as are set forth by resolution unless waiver of service is authorized by the borough manager or the authorized agent, after special investigation of conditions upon which the waiver is requested.
B. Residential service shall consist of the removal of refuse substances, as defined in this chapter, in containers approved by the borough manager or the authorized agent, once weekly.
C. The borough manager shall have the authority to waive any fees as established by resolution by the assembly for a period of up to two weeks during community clean-up projects.
D. All customers shall be billed based on the charges as set forth in the fee schedule, as established by resolution by the assembly.
E. Interest will be charged to all delinquent accounts in accordance with the rates set forth in AS 45.45.010. Delinquency shall occur after the twentieth day of the month. [Ord. 968 § 2, 2019.]
15.18.075 Monofill disposal permit and fees.
A. In order to facilitate land development, the borough monofill landfill disposal site may be used for the disposal of unclassified land development excavation materials as provided for in this section.
B. A permit must be obtained from the public works department prior to the disposal of any material. The terms of the permit shall establish the following:
1. The quantities of material for which disposal is allowed;
2. The location where disposal is allowed;
3. The grading requirements required;
4. Any access road maintenance requirements for quantities above 150 cubic yards;
5. The duration of the permit; and
6. Such other terms and conditions as the public works department may require.
C. The disposal fees for the monofill are $1.00 per cubic yard of material.
D. For purposes of this section, “unclassified excavation materials” means any material excavated in the process of land development except demolition materials, trees, brush, stumps and other similar materials.
E. In addition to the penalties provided for in WMC 15.18.110, any person who disposes of any material at the monofill with a permit, in violation of the terms and conditions of this permit, the provisions of this section may be excluded from use of the monofill. In addition to any other remedies available to it, the borough shall have the right to enforce this section by injunctive relief. [Ord. 809 § 4, 2008; Ord. 777 § 1, 2006. Formerly 9.04.075.]
15.18.080 Collection times and frequency.
Refuse shall be collected at such frequent intervals as to prevent health or fire hazards or unsightly conditions; provided, that collections shall be made not less than once a week from each residence, shop, store or other establishment and not less than twice a week from restaurants, boardinghouses or other places where conditions require more frequent collections. The assembly may set and alter by resolution the intervals between collections. [Ord. 809 § 4, 2008; Ord. 200 § 5, 1967; prior code § 42.40.070. Formerly 9.04.080.]
15.18.090 Notification of collection need.
All occupants and persons in possession, charge or control of premises and places in or upon which refuse is created or accumulated shall notify the authorized garbage collection service of the borough that collection of refuse from such place is required; provided, that the failure of said person or occupant to notify the borough shall not excuse the payment of the refuse collection or disposal fees. [Ord. 809 § 4, 2008; Ord. 383 § 5, 1979; prior code § 42.40.080. Formerly 9.04.090.]
15.18.100 Disposal at and maintenance of municipal solid waste handling facility.
The sanitation department shall dispose of refuse by conveying it to a municipal solid waste handling facility or other places designated by the assembly. Such municipal solid waste handling facility shall be kept in as sanitary condition as circumstances permit, using every reasonable means to destroy or cover the refuse and prevent it from becoming a refuge or breeding place for rats or other pests, or otherwise endangering public health and safety. [Ord. 809 § 4, 2008; Ord. 644 § 5, 1998; Ord. 200 § 5, 1967; prior code § 42.40.090. Formerly 9.04.100.]
15.18.110 Penalty for violation.
Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues after the violator has been given actual or constructive notice of violation. [Ord. 911 § 8, 2015; Ord. 809 § 4, 2008; Ord. 290 § 5, 1973; prior code § 42.40.100. Formerly 9.04.110.]
For statutory provisions on garbage and solid waste services, see AS 29.35.050.
Code reviser’s note: Ord. 812 amends Ch. 9.04 WMC, which was recodified to Ch. 15.18 WMC by Ord. 809.