Chapter 9.04
PUBLIC LANDFILLS1
Sections:
9.04.020 Establishment of landfill sites authorized.
9.04.030 Authorized users and purposes designated.
9.04.035 Prohibitions--Specified.
9.04.040 Regulations--Conformity required--Enforcement authority--Adoption procedure.
9.04.050 Obedience to regulations and hours of operation required.
9.04.060 Regulations--Specified.
9.04.067 Delinquent accounts--Remedies.
9.04.010 Authorized.
The borough shall be empowered to acquire, construct, maintain, and operate public landfill site facilities. (Ord. 84-7 §1(part), 1984; approved by a vote of the people, October 4, 1966).
9.04.020 Establishment of landfill sites authorized.
The borough manager is authorized by this section to designate and establish areas within the borough as landfill sites. Such areas shall be considered as the "borough landfill," as the phrase is used in this chapter. (Ord. 84-7 §1(part), 1984; Ord. 14 §1, 1967).
9.04.030 Authorized users and purposes designated.
All persons, firms, and corporations, and their agents, whose residences or places of doing business are within the boundaries of the borough, shall be privileged to use the facilities of the borough landfill for the depositing or dumping of empty cans or bottles, glass, wooden or paper boxes, crates, old metals or alloys, stone, ashes, brick, tires and refuse originating in the borough. No person, firm or corporation, other than those above designated, shall enter into or upon the borough landfill, or use the borough landfill for any purpose whatsoever; and no waste or refuse, except that which originates within the borough, shall be placed in the borough landfill. (Ord. 84-7 §1(part), 1984; Ord. 14 §2, 1967).
9.04.035 Prohibitions--Specified.
It is unlawful for any person, firm or corporation, or its agents, to dispose of A.D.E.C. approved process sludge, petroleum products, by-products, or any hazardous waste prohibited by public law or the Alaska Administrative Code, upon or in any land other than a permitted solid waste facility, in a sanitary manner, that complies with state laws and regulations.
It is unlawful for any person, firm or corporation, or its agents, to cause to be disposed any garbage or solid waste, food, rubbish and trash or refuse upon or below the surface of any land within the Bristol Bay Borough. Fish waste will be ground and discharged according to standard practice. Raw sewage will be disposed of in accordance to Bristol Bay Borough standard practice. (Ord. 2007-07 §3, 2008: Ord. 84-7 §2, 1984: Ord. 78-4 §1, 1978).
9.04.040 Regulations--Conformity required--Enforcement authority--Adoption procedure.
All persons, firms, and corporations, or their agents, having the right
to use the facilities of the borough landfill as provided in this chapter shall abide by and conform with all the regulations herein provided, and conform with all instructions, orders and regulations promulgated by the borough manager, who is authorized by this chapter to supervise dumping operations within the borough landfill. The borough manager is specifically authorized to post signs and notices permitting or prohibiting dumping in any particular area or site within the borough landfill. All rules and regulations promulgated by the borough manager shall be reduced to writing and presented to the assembly for its approval, and shall become effective ten days after being approved by the assembly. (Ord. 84-7 §1(part), 1984; Ord. 14 §3(part), 1967).
9.04.050 Obedience to regulations and hours of operation required.
No person, firm, or corporation, or its agents, having the right to use the borough landfill as in this chapter provided, shall be permitted to enter upon or use the borough landfill for dumping operations except during the hours, and in accordance with the rules and regulations, promulgated by the borough manager. (Ord. 84-7 §1(part), 1984; Ord. 14 §3(part), 1967).
9.04.060 Regulations--Specified.
A. A gate will be erected at the entrance to the landfill for the purpose of controlling access.
B. Dumping will be allowed only on those days and within those hours designated by the borough manager and approved by the borough assembly:
1. Dumping hours and days will be posted in clear view at the entrance of each landfill site.
2. Changes in dumping hours and/or days must be posted in at least three public locations in each of the three communities of Naknek, King Salmon and South Naknek, and for a period of seven days before the change occurs. (Ord. 84-7 §1(part), 1984; Ord. 8312 §1, 1983; Ord. 78-4 §2, 1978).
9.04.061 Fees required.
A. Persons, firms, and corporations and their agents, whose residences or principal places of doing business are not within the boundaries of the borough may be allowed, as determined by the borough manager, to use the facilities of the Naknek-King Salmon Landfill, for a fee, for the depositing or dumping of empty cans or bottles, glass, wooden or paper boxes, crates, old metals or alloys, stone, ashes from nonhazardous sources, brick, tires, and "household" refuse. Persons, firms or corporations, other than those designated above, may be given permission by the borough manager, to use the borough landfill for fees, as designated in Section 9.04.065.
B. Deliveries of any or all materials to either landfill may be refused at any time.
C. Deliveries of any or all materials from outside entities to the South Naknek Landfill are prohibited without express written permission of the borough manager or his designee.
D. Quantities of used oil in excess of five gallons must be shipped to the Naknek-King Salmon Landfill or by contacting the borough dock for disposal. Disposal fees will apply.
E. Disposal of lead acid batteries at the South Naknek Landfill is prohibited. Residents of South Naknek may dispose of batteries by contacting the South Naknek Borough shop. Disposal fees will apply. All other entities must arrange to ship their batteries to the Naknek-King Salmon Landfill for disposal. Disposal fees will apply. Payment of fees must be made prior to delivery. (Ord. 2003-04, 2003: Ord. 2001-10 (part), 2001).
9.04.065
Disposal fees.
Applicable Disposal Fees:
Used oil (up to 5 gallons) Free
Used oil, over 5 gallons
(accepted at Naknek Landfill only) $1.00 per gallon
Anti-freeze (up to 5 gallons) Free
Anti-freeze, over 5 gallons
(accepted at Naknek Landfill only) $1.00 per gallon
Lead Acid Batteries:
Up to Group 24 $10.00 each
Gp 24 to 4D $15.00 each
Larger than 4D $20.00 each
Refuse (industrial work entities) $15.00 per cubic yard
Refuse generated outside of
borough boundaries $30.00 per cubic yard
Construction Debris:
Nonhazardous, per cubic yard $75.00 per cubic yard
Ashes, nonhazardous sources only $75.00 per cubic yard
Disposal Fees for Asbestos:
Friable asbestos, per cubic yard,
w/manager’s prior approval $500.00 per cubic yard
Disposal of waste products through contractual agreements may be authorized and would be waived of additional fees.
Disposal of waste products not listed above may require additional fees or may be rejected per the requirements of the borough’s operating permit.
Amendments to disposal fees shall be established by assembly resolution and posted at borough landfill sites. (Ord. 2006-11, 2006; Ord. 2004-03, 2004: Ord. 2003-04, 2003: Ord. 2001-10 (part), 2001).
9.04.066
Collection of fees. Pre-arrangements must be made by companies that wish to be billed monthly by the borough for the disposal of refuse at the landfill. The tabulation of fees or tallying of loads for those businesses or companies that have made billing arrangements shall be carried out by landfill operators, per the fee schedule in Section 9.04.065. The person(s) delivering waste to the landfill by companies approved to receive credit, are required to sign for each load or each itemized list of products delivered, (e.g., for six batteries and twenty-three gallons of used oil), to indicate approval of the fees as calculated. All other persons delivering any of the waste products listed above must pay cash upon delivery to the landfill. The borough will not bill individuals. (Ord. 2001-10 (part), 2001).
9.04.067
Delinquent accounts--Remedies. The borough shall send a notice of account delinquency to each delinquent customer on or after ten days after the account becomes delinquent. An account is delinquent if not paid in full within thirty days of its due date. The borough’s failure to send a notice or a bill for services does not in any way affect or reduce the borough’s remedies nor relieve or reduce responsibility for full payment.
A. On or after fifteen days after the account becomes delinquent, the borough may put the landfill customer "On Notice" that further refuse may be refused. Delivery of the notice to the customer, in person or at their place of business or residence, or mailing the notice to the address on record of the customer, shall be considered effective notice to the customer.
B. Waste may be refused from customers whose accounts are delinquent. If a customer’s landfill disposal privileges are suspended for any reason, those privileges shall not be resumed until all disposal fees, charges and interest for landfill disposal services previously provided to the customer have been paid in full.
C. Each customer who uses "for fee" landfill services shall be liable to the borough for delinquent landfill fees, charges and interest thereon, and actual attorneys fees incurred by the borough with its efforts to collect said fees. In the event that landfill fees are not timely paid, the borough shall, from and after the date such payment becomes delinquent, have a lien against the customer’s property for said fees, charges, interest costs and actual attorney fees incurred by the borough with its efforts to collect same. The borough may foreclose such liens in the same manner as real property tax liens are foreclosed (AS 29.45.990 et seq. and Chapter 3.12 of this code), which lien is prior and paramount to all other liens or encumbrances against the property except real property tax liens. The remedies described herein are in addition to other remedies that the borough may pursue. (Ord. 2001-10(part, 2001)
9.04.070 Violation--Penalty.
Any person convicted of a violation of this chapter is guilty of an infraction, and punishable by a fine not to exceed three hundred dollars. (Ord. 84-2 §1(part), 1984; Ord. 76-27 §1(part), 1976: Ord. 14 §4, 1967).
9.04.080
Dumping prohibited.
No persons shall dump, throw, drop or deposit garbage or solid waste on public land, roadways or waterways, or private land in the Bristol Bay Borough except in such areas as are designated or provided within the borough as established landfill sites pursuant to the provisions of this chapter. (Ord. 84-7 §1(part), 1984; Ord. 83-1 §1(part), 1983).
9.04.090 Definitions.
The following words shall be construed as defined in this section:
A. "Garbage" or "solid waste" means an all-inclusive term that includes anything thrown away or discarded from any source, home, business, industry or institution, including but not limited to the following:
1. Food or fish waste;
2. Rubbish and trash, including combustibles such as paper, wood, etc.; and noncombustibles such as metal, glass, dirt, concrete, and other durable goods;
3. Refuse, including semisolid wastes such as sewage sludge, abandoned motor vehicles, dead animals, and demolition rubble;
4. Litter, including discarded articles exposed and uncontrolled in such a manner as to allow them to be scattered or carried away by wind or water.
B. "Person" means any individual, partnership, co-partner-ship, firm, company, public or private corporation, association, trust, estate, or any agency or board, department or bureau of the borough or any other legal entity.
C. "Industrial work entities" are defined as any entity that takes a raw product and converts it into a value added product. (Ord. 2004-10, 2004; Ord. 83-1 §1(part), 1983).
For statutory provisions authorizing a second class borough, in the area outside cities, to provide for garbage and solid waste collection and disposal, see AS 29.48.020(5) and 29.48.033.