Chapter 8.08
GARBAGE COLLECTION AND DISPOSAL

Sections:

8.08.010    Purpose of chapter.

8.08.020    Definitions.

8.08.030    Garbage containers required—Use of containers.

8.08.040    Collection and disposal—Provided by city.

8.08.050    Collection and disposal—Frequency of collection.

8.08.060    Burning and dumping of garbage.

8.08.070    General prohibitions regarding garbage disposal.

8.08.080    Damage, loss, theft, and removal of city-issued garbage containers and dumpsters.

8.08.090    Ownership, maintenance, and replacement of city-issued garbage containers and dumpsters.

8.08.100    Fine schedule.

8.08.010 Purpose of chapter.

The maintenance of health and sanitation requires, and it is the intention of this chapter to make, the collection, removal and disposal of garbage in the city compulsory and universal. (Ord. 20-01 § 1 (part): prior code § 21-2)

8.08.020 Definitions.

For the purpose of this chapter, these terms shall have the following definitions:

“Garbage” means all unwanted or discarded solid or semisolid materials whether putrescible or nonputrescible originating from any source including, but not limited to, trash, rubbish and debris, refuse, waste and discarded food, animal and vegetable matter, waste paper, cans, glass, boxes and paper cartons, metal, plastic, rubber, cloth and ashes. Waste shall not include materials subject to manufacture into byproducts.

“Hazardous waste” means waste that is capable of causing injury, disease or impairment of health or property damage, including, but not limited to, poisons, pesticides, acids, caustics, infectious or pathological waste, radioactive materials, explosive or highly flammable materials, oil and petroleum products, batteries and burning or smoldering materials, or any item which, when disposed of into landfill, will cause contamination of groundwater or cause the groundwater to not meet state drinking water standards.

“IGBC” means the International Grizzly Bear Committee.

“Industrial solid waste” means any waste substance or a combination thereof resulting from the operation of or from any process of industry, manufacturing, trade or businesses, from the development of any agricultural or natural resources, junked vehicles and equipment, material and debris resulting from construction or demolition projects and abandoned or decaying structures.

“Putrescible waste” means material capable of being decomposed so as to cause a nuisance or obnoxious odors. (Ord. 20-01 § 1 (part): prior code § 21-1)

8.08.030 Garbage containers required—Use of containers.

A.    It shall be the duty of every person in possession, charge or control of any premises, business establishment or industrial establishment where garbage is created or accumulates, at all times, to keep or cause to be kept dumpsters or portable garbage containers for the deposit therein of garbage; and to deposit or cause to be deposited the same therein. Only those portable garbage containers approved or issued by the city of Valdez with an IGBC certification will be collected. Portable garbage containers shall be secured in such a manner that they are watertight and consistent with the criteria of their IGBC certification. Such containers shall be kept in a sanitary condition, free from accumulating grease and decomposing material. Portable containers shall not be kept at the curbside, except during authorized periods of collection. During authorized periods of collection portable garbage containers shall be placed in an area accessible to the collector of garbage.

B.    Waste paper or office supplies, brush, grass, leaves and cuttings from trees, lawns and gardens may be deposited in containers or other suitable receptacles, and shall be covered or otherwise contained so as to prevent the contents from being scattered by the wind or other causes. (Ord. 20-01 § 1 (part): prior code § 21-3)

8.08.040 Collection and disposal—Provided by city.

A.    The city, either with its personnel and equipment or by contract, shall provide for the garbage collection and disposal service for all areas of the city.

B.    It is unlawful for any person other than the city, its agents, servants, employees, contractors or permittees to engage in the business of collecting, removing and disposing of garbage from the city, or for any person other than the city, its agents, servants, employees, contractors or permittees to do or perform any of the things required in this chapter to be done or performed by the city.

C.    Collection of garbage, rubbish and other nonputrescible material including food waste from residential, commercial and institutional property not in city-issued or approved containers as established for the service shall be collected upon request by the property owner or tenant on an as-available basis, and extra charges will be assessed. (Ord. 20-01 § 1 (part): prior code § 21-4)

8.08.050 Collection and disposal—Frequency of collection.

The schedule of services for collection of garbage under this chapter shall be based on weekly pickup, or other such schedule as may be established by the city manager. Increased frequency of service may be provided as necessary to the maintenance of general health and sanitation in the city. (Ord. 20-01 § 1 (part): prior code § 21-5)

8.08.060 Burning and dumping of garbage.

No person shall burn any garbage without permission from the fire chief, except wastepaper, boxes, rubbish, debris, brush, grass, weeds and cuttings from trees, lawns or gardens, which may be burned in a covered incinerator;.

No person shall dump or deposit any garbage on any street, alley, beach, waters, tidelands, public or private property in the city. (Ord. 20-01 § 1 (part): prior code § 21-7)

8.08.070 General prohibitions regarding garbage disposal.

A.    No person shall keep on or about the premises owned or occupied by him, any garbage, unless the same shall be in an approved-type container. No person shall keep on the premises owned or occupied by him any garbage for a longer period than the frequency of collection established by the city.

B.    No person shall deposit any garbage upon any property owned by another or in another’s garbage container, except with the consent of the other and for the purpose of collection. Garbage containers or receptacles shall not project from any lot line.

C.    Industrial solid waste may be hauled to the landfill by the owner of such material; however, the city reserves the right to refuse such material at the landfill.

D.    No person having the care, either as occupant or owner, of any premises shall fail to maintain such premises in a clean and sanitary condition as far as garbage is concerned. The city shall have the right to clean such premises and require reimbursement from such person for the cost incurred and to prosecute such person for noncompliance of this section.

E.    No person shall, either through their depository in a garbage container or directly into the landfill, dump, throw, drop or deposit any hazardous waste in the city disposal facilities.

F.    No person shall deposit in the city’s disposal facilities any garbage generated from a location outside the city unless that person has obtained written permission from the public works director authorizing such disposal.

G.    The city reserves the right to not accept garbage at its disposal facility that the city feels could be hazardous to the operation of that disposal facility. The city reserves the right to limit garbage removal from the disposal facility. (Ord. 20-01 § 1 (part): prior code § 21-8)

8.08.080 Damage, loss, theft, and removal of city-issued garbage containers and dumpsters.

A.    No person in possession of a city-issued garbage container or dumpster shall cause damage aside from normal wear and tear, lose, steal or remove such container or dumpster from the premises for which it is issued.

B.    Violation of this section requires reimbursement for the cost of repair or replacement of city-issued garbage containers or dumpsters. (Ord. 20-01 § 1 (part))

8.08.090 Ownership, maintenance, and replacement of city-issued garbage containers and dumpsters.

Unless expressly provided otherwise, the city maintains ownership of all city-issued garbage containers and dumpsters. The city may in its discretion collect city-issued garbage containers or dumpsters at any time for purposes of maintenance, replacement, or otherwise. (Ord. 20-01 § 1 (part))

8.08.100 Fine schedule.

The penalty for violations of this chapter shall be reflected in the fine schedule set forth in this section.

CODE SECTION

OFFENSE DESCRIPTION

COURT APPEARANCE

PENALTY/FINE

8.08.030

Garbage containers required—Use of containers—first offense

Optional

$100.00

8.08.030

Garbage containers required—Use of containers—second offense

Optional

$250.00

8.08.030

Garbage containers required—Use of containers—third and subsequent

Optional

$500.00

8.08.040

Burning and dumping of garbage—first offense

Optional

$100.00

8.08.040

Burning and dumping of garbage—second offense

Optional

$250.00

8.08.040

Burning and dumping of garbage—third and subsequent

Optional

$500.00

8.08.070

General prohibitions regarding garbage disposal—first offense

Optional

$100.00

8.08.070

General prohibitions regarding garbage disposal—second offense

Optional

$250.00

8.08.070

General prohibitions regarding garbage disposal—third and subsequent

Optional

$500.00

8.08.080

Damage, loss, theft, and removal of city-issued garbage containers and dumpsters

Mandatory

$500.00

(Ord. 20-01 § 1 (part))