Postponed Indefinitely 7/11/93

DENALI BOROUGH, ALASKA

ORDINANCE NO. 93-07

INTRODUCED BY: G. W. Mueller

AN ORDINANCE ESTABLISHING A PROGRAM FOR THE SITING AND

REPORTING OF GARBAGE AND SOLID WASTE FACILITIES.

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

Section 1. Classification. This ordinance is of a general and permanent nature.

Section 2. Purpose. The purpose of this ordinance is to provide for the general welfare, public peace, health, and safety of the citizens of Denali Borough.

Section 3. Siting. A site established by a business or government agency for the handling of garbage and/or solid wastes shall not be within ten miles of a populated area. Siting shall be consistent with the Fifth and Fourteenth Amendments of the United States Constitution and the Civil Rights Act as currently defined in federal case law and regulations concerning property rights, real and personal. Two public hearings, posted in accordance with Denali Borough public hearing policy, shall be held in the Denali Borough prior to site establishment.

Section 4. Inspections, Penalties. The Denali Borough may conduct inspections, and establish and impose penalties, necessary to insure compliance with reporting requirements adopted under AS 29.35.500 and placarding requirements adopted under AS 18.70.310. (Sec. 4 ch 108 SLA 1986)

Section 5. Fees. The Denali Borough may impose appropriate fees to fully or partially compensate for the cost of processing reports and administering inspections under AS 29.35.500 - 29.35.510 and the cost of providing placards under AS 18.70.310. The Denali Borough may establish a fee schedule different from the schedule established by the Department of Public Safety under AS 18.70.310. (Sec. 4 ch 108 SLA 1986; am sec. 12 ch 143 SLA 1988)

The Denali Borough reserves the right to assess impact fees in the event the development of a site for handling garbage and/or solid waste impacts Borough services.

Section 6. Duties of division of fire prevention. The duties of the division of fire prevention shall be in accordance with AS 29.35.530.

Section 7. Public access to information. Information obtained by the Denali Borough under AS 29.35.500, AS 29.35.510, AS 29.35.530 shall be made readily available to the public for inspection and copying. (Sec. 4 ch 108 SLA 1986)

Section 8. Municipal Liability. The establishment of a program for the siting of garbage and/or solid waste facilities does not deem the Denali Borough liable for damages resulting from garbage and/or solid waste facilities.

Section 9. Severability. If any provision of this ordinance or the application thereof is held invalid, such invalidity does not affect any other provision of this ordinance which can be given effect without the invalid provision or application, and to those ends the provisions of this ordinance are severable.

The Denali Borough Assembly directs that a copy of this ordinance be forwarded to the Alaska State Legislature and the Office of the Attorney General of the State of Alaska.

Section 10. Effective Date. This ordinance becomes effective upon adoption by the Denali Borough Assembly and the signature of the Mayor.

DATE INTRODUCED: June 13, 1993

FIRST READING: June 13, 1993

PUBLIC HEARING: July 11, 1993

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this ______ day of_________________________, 19___.

____________________________

Mayor

ATTEST: ____________________________

Borough Clerk