DENALI BOROUGH, ALASKA

ORDINANCE NO. 93-05

INTRODUCED BY: Sid Michaels

AN ORDINANCE REQUIRING ASSEMBLY APPROVAL FOR ANY NEW LANDFILL

OR WASTE DISPOSAL FACILITY WITHIN THE DENALI BOROUGH BOUNDARIES.

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 the Denali Borough.

Section 3. Assembly Approval Required for New Landfill or Waste Disposal Facility. Any new Landfill, Soil Remediation Facility or Waste Disposal Site within the Denali Borough boundaries must have the approval of the Denali Borough Assembly.

The approval of the Denali Borough Assembly must be by Resolution.

"New" means any Landfill, Soil Remediation Facility or Waste Disposal Site that begins operation after this ordinance is adopted.

The Assembly must determine that the Landfill, Soil Remediation Facility or Waste Disposal Site is in the best interest of the Borough before approving the proposed Site or Facility.

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. Penalties. The penalties imposed shall be in accordance with AS 29.25.070.

Section 6. Municipal Liability. The approval of a new landfill by the Denali Borough Assembly does not deem the Denali Borough liable for damages resulting from hazardous chemicals, hazardous materials, hazardous substances, or hazardous wastes.

Section 7. 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 8. Effective Date. This ordinance becomes effective upon adoption by the Denali Borough Assembly and signature of the Mayor.

DATE INTRODUCED: April 18, 1993

FIRST READING: April 18, 1993

PUBLIC HEARING: June 13, 1993

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 13th day of June, 1993.

SIGNATURE ON FILE

Mayor

ATTEST: SIGNATURE ON FILE

Borough Clerk