This chapter governs the storage, collection, transportation and disposal of refuse throughout the city; provided, that this chapter shall not apply to any areas under the jurisdiction of any other governmental unit that operates its own refuse collection and disposal system.
(Ord. 98-10 § 1 (part), 1998)
The following definitions apply throughout this chapter:
"Affected establishment"
means any retail or commercial business that sells goods or prepared food, including but not limited to grocery stores, pharmacies, retail stores, and restaurants.
"Fish waste"
means the leftover parts of dead fish, including carcasses, heads, tails, and internal organs.
"Garbage"
means all putrescible solid wastes, including vegetable matter, animal feces, and carcasses of small animals.
"Hazardous waste"
means any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such substances or materials. This includes those materials or substances which have been so designated by the State Department of Environmental Conservation and/or the Environmental Protection Agency.
"Person"
means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity.
"Putrescible waste"
means material that can decompose and cause obnoxious odors.
"Refuse"
means any putrescible or nonputrescible solid waste, except human excreta.
"Rubbish"
means nonputrescible solid wastes.
"Secured load"
means a load of refuse which has been secured and covered in the vehicle in a manner that will prevent any part of the refuse from leaving the vehicle while the vehicle is moving.
"Single-use plastic disposable shopping bag"
means a bag less than two and one-fourth mils thick made from plastic, or any material not marked or labeled "compostable," that is neither intended nor suitable for continuous reuse and that is designed to carry purchases from the seller's premises, except for: bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts; bags used to contain dampness or leaks from items such as frozen foods, meat, or fish, flowers or potted plants; bags used to protect prepared foods or bakery goods; bags provided by pharmacists to contain prescription drugs; newspaper bags, laundry, or dry cleaning bags; or bags sold for consumer use off the seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste.
(Ord. 21-09 § 2, 2022; Ord. 20-23 § 2, 2020; Ord. 20-02 § 2, 2020; Ord. 15-08 § 2, 2015; Ord. 15-07 § 2, 2015; Ord. 98-10 § 1 (part), 1998)[1]
[1]
The provisions of Ord. 20-02 become effective on December 31, 2020. Ord. 20-23 extends the effective date of Ord. 20-02 to December 31, 2021. Ord. 21-09 extends the effective date of Ord. 20-02 to April 30, 2022.
A. 
No owner, occupant, tenant or lessee of any real property or improvement thereto shall permit any refuse to accumulate upon such property that is not stored in one of the following approved containers:
1. 
Plastic bags secured so that the contents cannot spill and placed into a container or enclosure where birds and/or animals cannot break open the plastic bags; or
2. 
Standard refuse containers of thirty-five gallons or greater capacity with a cover or top closure fitting tightly enough to prevent any spillage; or
3. 
Fifty-five-gallon drums with a covered top or closure fitted tightly enough to prevent any spillage.
B. 
A sufficient number of approved containers shall be maintained to hold at least two week's accumulation of refuse. Each container shall be kept clean so that no obnoxious odor or other nuisance will exist.
C. 
Dumpsters shall be fully enclosed on the bottoms and sides and shall have no holes that would allow escapement of liquids. Dumpsters shall be cleaned at periodic intervals by the owner of the dumpster as necessary to prevent obnoxious odors or other nuisances.
D. 
Any vehicles or trailers used as collection sources for refuse shall have solid sides, be waterproof and have a top or covering which prevents birds and/or animals from accessing the refuse. If such vehicles or trailers are also used for transportation to the disposal site, each shall be covered with netting, canvas, fish balers or other types of covering sufficient to ensure that all refuse is retained within the vehicle or trailer. Vehicles or trailers used solely to transport rubbish shall be exempt from the requirement of having solid sides or being waterproof, but shall be covered to ensure that solid waste cannot escape from, or be blown or fall from, the vehicle during movement to the disposal site.
(Ord. 01-11 § 2, 2001; Ord. 98-10 § 1 (part), 1998)
No person shall place refuse containers on the right-of-way of any public street or alley; provided, that such containers may be placed on the untraveled edge of a public right-of-way at specified times and places when such location is necessary for expeditious collection of refuse.
(Ord. 98-10 § 1 (part), 1998)
All persons shall dispose of refuse or arrange for the disposal of refuse within the city in one of the following manners:
A. 
Arrange for disposal by a refuse collection service, which service shall then dispose of collected refuse at the city-owned solid waste disposal facility or other areas designated by the city; or
B. 
Dispose of their own refuse themselves at the city-owned solid waste disposal facility or other areas designated by the city; or
C. 
In the case of a tenant of a residential property, provide in their rental agreement for that property that their landlord shall provide storage containers in compliance with Section 8.04.060(A) and comply with either subsection A or B of this section.
(Ord. 98-10 § 1 (part), 1998)
A. 
No person shall dispose of hazardous wastes at the city-owned solid waste disposal facility or mix hazardous and nonhazardous materials together for disposal. It is a violation of this section for any person to place or leave hazardous waste in any refuse that the person knows or reasonably should know or expect will be collected, transported to, or ultimately disposed of in the solid waste disposal facility.
B. 
In addition to all "hazardous waste" as that term is defined herein, and notwithstanding any limitation or law to the contrary, the following materials are included within the term "hazardous waste" for the purpose of this section and are expressly prohibited from being disposed of at the city-owned solid waste disposal facility:
1. 
Gasoline, diesel fuel, anti-freeze, benzene, naphtha, fuel oil;
2. 
Any automotive fluid which remains inside a vehicle that is taken to the solid waste facility for disposal;
3. 
Mineral spirits, commercial solvents, or any flammable or explosive liquid;
4. 
Acids, corrosives, solvents, liquid wastes, oily wastes, grease paint;
5. 
Sewage, explosives, drilling mud, radioactive wastes; and
6. 
Unsterilized (infectious) medical wastes.
C. 
Any person who violates this section commits a minor offense. In addition to any penalty imposed for the violation, the person may be required to fully remove any hazardous waste the person caused to be deposited in the solid waste disposal facility, and to fully remediate any damage caused thereby regardless of whether the person intended to dispose of the hazardous waste in the facility.
(Ord. 15-08 § 3, 2015)
A. 
Fish waste may not be deposited in dumpsters or receptacles except in a manufactured certified bear-proof receptacle. Unless otherwise provided by law, a person who violates a provision of this section is strictly liable for the offense, regardless of that person's intent.
B. 
Fish waste may be deposited into the current of the Nushagak or Wood River waters. This code provision specifically does not permit commercial fish processing operations to deposit fish waste into waters within the city of Dillingham without an applicable state or federal permit.
C. 
Depositing fish waste harvested from a sport or subsistence fishery on public beaches is subject to a fine for each offense.
(Ord. 15-07 § 3, 2015)
A. 
The owner of a residence shall ensure that all garbage from that property is collected and stored pending transportation in containers which are covered and leak-proof.
B. 
Vehicles or containers used for the collection and transportation of any refuse shall be secured or covered in the vehicle in a manner that will prevent any part of the solid waste from leaving the vehicle while the vehicle is moving. Where spillage does occur, the collector or transporter shall immediately pick up the material, return it to the vehicle or the container, and thoroughly clean the area.
C. 
Any person who arrives at the city-owned solid waste disposal facility with a vehicle or container holding garbage which is not covered or with an unsecured load, is in violation of this section.
(Ord. 98-10 § 1 (part), 1998)
Refuse shall be collected and disposed of at such frequent intervals as to prevent health or fire hazards or unsightly conditions, but not less than once every two weeks from each residence or non-restaurant business and not less than twice a week from restaurants or other establishments where conditions require more frequent collections. The city council may set or alter, by resolution, the minimum interval between collections by parcel of property or category of property use.
(Ord. 98-10 § 1 (part), 1998)
All commercial vehicles used in collecting and conveying refuse in the city shall be provided with watertight bodies which shall be kept thoroughly cleaned at all times. The body of such vehicles shall also be constructed so as to prevent the loss of any contents.
(Ord. 98-10 § 1 (part), 1998)
A. 
No person shall be permitted to obtain municipal utility or port and harbor services from the city unless they demonstrate to the satisfaction of the city that they:
1. 
Have entered into a contract with a refuse collection service for the collection of refuse from all real property or improvements thereto of which they are the owner or occupant, and that the refuse collection is capable of disposing of refuse in strict accordance with the provisions of this chapter; or
2. 
Have in place adequate facilities to collect, store and transport refuse themselves from all real property or improvements of which they are the owner or occupant, in strict accordance with the provisions of this chapter; or
3. 
Have complied with Section 8.04.050(C).
B. 
Any person who violates any provision of this chapter may be placed on the city's denied services list using the procedures set forth in Chapter 4.40.
(Ord. 13-10 § 8, 2013; Ord. 01-11 § 3, 2001; Ord. 98-10 § 1 (part), 1998)
In addition to the provisions of Section 8.04.090, a person who violates this chapter is guilty of an infraction and subject to a fine as set forth in Section 1.20.040, plus any surcharge required to be imposed under AS 23.55.039. Each day that a violation persists shall constitute a separate offense. In addition to law enforcement officers, the city animal control officer is authorized to issue citations for any violation of this title.
(Ord. 13-19 § 11, 2013; Ord. 01-11 § 4, 2001)
The city council may by resolution establish or alter fees and billing methods for the use of the city owned solid waste disposal facility.
(Ord. 98-10 § 1 (part), 1998)
The city manager may promulgate regulations, application forms and review criteria as may be necessary or advisable for the operation of the city-owned solid waste disposal facility, inspection of refuse collection service contractors, approval of the adequacy of self-disposal capacity or as may be otherwise necessary or advisable to carry out the provisions of this chapter.
(Ord. 98-10 § 1 (part), 1998)
A. 
No affected retail establishment may provide to any customer a new single-use plastic disposable shopping bag for the purpose of carrying away goods from the point of sale.
B. 
No person may distribute single-use plastic disposable shopping bags at any city facility or any event held on city property.
(Ord. 21-09 § 2, 2022; Ord. 20-23 § 2, 2020; Ord. 20-02 § 3, 2020)
[1]
The provisions of Ord. 20-02 become effective on December 31, 2020. Ord. 20-23 extends the effective date of Ord. 20-02 to December 31, 2021. Ord. 21-09 extends the effective date of Ord. 20-02 to April 30, 2022.