CHAPTER 8.05: SOLID WASTE
Section
8.05.020 Establishment of solid waste services
8.05.040 Prohibited disposal items
8.05.105 Violations, enforcement, and penalties
8.05.010 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply.
(1) “Asbestos” means either of two incombustible, chemical-resistant, fibrous mineral forms of impure magnesium silicate used for fireproofing, electrical insulation, building materials, brake linings, and chemical filters.
(2) “Disposal” means to deposit a solid or liquid waste into or onto the water or land of the state, whether the waste is contained or uncontained, by discharging, injecting, dumping, spilling, leaking, placing, discarding, or abandoning the waste so that the waste or any part or byproduct of the waste might enter the environment.
(3) “Hazardous waste” means a waste, or combination of wastes, that because of quantity, concentration, or physical, chemical, or infectious, pathological, or radiological characteristics might:
(a) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(b) pose a substantial present or potential hazard to human health or to the environment if improperly managed, treated, stored, transported, or disposed.
(4) “Junked vehicles” means vehicles unable to perform as originally intended and no longer wanted by their owners.
(5) “Landfill” means an area in which solid waste is disposed of on or into the land, or that portion of a facility where landfilling is taking or has taken place. “Landfill” does not include a landspreading facility or a containment structure used for the disposal of drilling wastes.
(6) “Recyclable materials” means materials which can be reprocessed, reconditioned, or adapted to use again or for a new use or function.
(7) “Salvaging” means the controlled removal of waste materials for recycling or reuse.
(8) “Solid waste” means drilling wastes, garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. For purposes of this chapter, “solid waste” does not include:
(a) spoil and overburden from road construction, land clearing, or mining operations;
(b) mining waste regulated by federal and state regulations;
(c) domestic sewage and other wastes that are discharged into and pass through a sewer system to a publicly owned treatment works;
(d) industrial or mining wastes that are being collected, stored, or treated in:
(i) a wastewater treatment plant before discharge or removal; or
(ii) an industrial processing facility for continual re-use;
(e) industrial discharges that are point sources subject to federal or state permits;
(f) nuclear or nuclear byproduct material.
(9) “Solid waste disposal facility” means all contiguous land, structures, appurtenances, and improvements within the facility boundary used to treat, store, or dispose of solid waste, including property used as a landfill, a landspreading facility, or other structure used for the final disposal of solid waste into or onto the land.
(10) ”Transfer site” means a public use facility for the deposit and temporary storage of solid waste which is acceptable for disposal at a permitted landfill. A “transfer site” will have a containment capacity of at least 40 cubic yards. A “transfer site” does not include a facility for the storage of a hazardous waste regulated under federal or state regulations.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.020 ESTABLISHMENT OF SOLID WASTE SERVICES.
There is established the non-areawide service of constructing, maintaining, and operating a system of solid waste transportation and disposal in all areas outside cities, including special land use districts, by authority of MSB 1.10.225, Solid Waste.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.030 PURPOSE.
The Matanuska-Susitna Borough operates a solid waste system for the transportation of solid waste, and for the disposal of solid waste at a legally permitted sanitary landfill site which has been designed and constructed to accommodate the disposal of solid waste in accordance with federal, state, and local laws, regulations, and permits.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.040 PROHIBITED DISPOSAL ITEMS.
A person may not deposit or dispose, at a borough-operated solid waste transfer or disposal facility, any items prohibited by the Matanuska-Susitna Borough’s waste disposal permit issued by the Alaska State Department of Environmental Conservation. All the items as defined in MSB 8.05.010(8) are not necessarily allowable.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.050 PROHIBITED ACTS.
(A) At a borough-operated solid waste transfer or disposal facility, a person may not:
(1) deposit or dispose of any prohibited disposal items as described in MSB 8.05.040; or
(2) discharge a firearm;
(3) remove, destroy, deface, or vandalize any instructional sign, fence, or structure;
(4) enter except during the posted opening hours, unless otherwise authorized; or
(5) dispose of material which has a special waste area designation at any other area other than those designated areas.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.060 SPECIAL WASTE AREAS.
(A) Special waste areas may be designated at the solid waste transfer sites and/or disposal site for recyclable materials, junked and abandoned vehicles, asbestos containing material, waste oil, batteries, paint, and for the collection, storage and transporting for disposal of hazardous wastes as defined by the United States Environmental Protection Agency.
(B) Recyclable material: The Matanuska- Susitna Borough will be responsible for determining what materials are acceptable for recycling. The recyclable materials which will be accepted may vary from time to time depending upon the market for such recyclable materials.
(C) Scheduled events may be offered at the solid waste disposal facility to accept household hazardous wastes and hazardous wastes from conditionally exempt small quantity generators (CESQG).
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.070 UNSECURED REFUSE.
A person may not operate, drive, cause, or permit to be operated, or driven, any motor vehicle carrying refuse or other tangible material that is reasonably capable of blowing out, falling from, spilling, dropping, leaking, sifting, or escaping from the vehicle unless the vehicle is provided with a suitable enclosure or container that effectively prevents the loss of such refuse or other material. A suitable enclosure must either be an integral part of the vehicle or a separate cover of suitable material with fastening which secures all sides of the cover to the vehicle. Refuse is suitably contained if it is entirely enclosed in a secure container which is not reasonably capable of blowing out or otherwise escaping from the vehicle.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.080 LITTERING PROHIBITED.
A person may not throw, drop, discard, or otherwise dispose of solid waste or other litter on public rights-of-way or borough lands unless the litter is placed in a receptacle maintained for the deposit of refuse or litter, or in a borough designated solid waste disposal facility or transfer site.
(Ord. 95-071(AM), § 2 (part), 1995)
8.05.090 FEES AND CHARGES.
(A) The fees and charges for disposal of solid waste are based on a per ton or per-cubic-yard basis. The fees and miscellaneous charges as required for the operation of the solid waste system are established and may be amended by borough resolution.
(B) Any user paying on a cubic-yard basis who disagrees with the attendant’s estimate of volume may dispose of the solid waste at central landfill where the solid waste will be weighed, and the user shall pay the established fee per ton.
(C) Exemption from the requirement to pay the established fees or charges for the transfer and disposal of solid waste within the Matanuska-Susitna Borough may be established by borough resolution or, in the event of a declared local disaster, the manager may waive or reduce charges for the transfer and disposal of solid waste within the Matanuska-Susitna Borough.
(D) Charge accounts may be established for commercial and agency entities disposing 40 cubic yards or more per month. These charges will only be allowed at the solid waste disposal facility unless prior approval has been obtained to charge at transfer sites. All charge accounts are due and payable within 30 days of date of billing. After 30 days, the accounts will be considered as outstanding and will be assessed a late fee.
(Ord. 19-006, § 2, 2019; Ord. 95-071(AM), § 2 (part), 1995)
8.05.100 Penalties. [Repealed by Ord. 95-088(SUB)(am), § 4 (part), 1995. See MSB 8.05.105 for current provisions]
8.05.105 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(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), § 16 (part), 1995)
8.05.110 ENFORCEMENT.
The manager may appoint or designate an enforcement officer to enforce this chapter. The enforcement officer shall have the authority to issue citations, summons, and complaint, or notices of violation to a person who violates this chapter. A citation filed in the district court charging a violation under this chapter shall be deemed a lawful complaint for purposes of prosecution under this chapter.
(Ord. 95-071(AM), § 2 (part), 1995)