CITY OF HOMER

Mayor/City Council

HOMER, ALASKA

HVFD

ORDINANCE 03-65(A)

AN ORDINANCE OF THE CITY COUNCIL AMENDING HOMER CITY CODE SECTION 5.20.030, TRASH BURNING--APPROVED CONTAINER, TO PROHIBIT OPEN BURNING OF HOUSEHOLD WASTE AND OTHER ITEMS NOT PERMITTED.

WHEREAS, The City Council approved the recommendation of Memorandum 03-167 during their Regular Meeting of October 27, 2003; and

WHEREAS, The Recommendation of Memorandum 03-167 was to forward an Ordinance for introduction at the November 24, 2003 Regular Council meeting regarding trash burning of household waste and other materials not permitted; and

WHEREAS, The EPA has launched a new campaign to improve air quality in small communities across the country; and

WHEREAS, "Backyard Burning" has been identified as a significant contributor to air pollution; and

WHEREAS, Open burning of household waste creates significant amounts of dioxins due to the low combustion temperatures, poor air distribution, and the presence of chlorine, which is found in almost all household waste components, (The Hidden Hazards of Backyard Burning, EPA530-F-03-012); and

WHEREAS, Apparently it is already illegal in Alaska to dispose of household wastes by burning and burn barrels are only for the disposal of wood based materials, not for garbage and other wastes.

WHEREAS, There are sufficient disposal sites on the Kenai Peninsula and in Homer.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. That HCC Section 5.20.030 is hereby amended to read as follows:

5.20.030 Trash burning--Approved container. No person shall burn trash without a permit, except in a screen-covered container, or other trash burner approved by the Fire Chief. All open burning of household waste or other materials is prohibited, except brush, grass, wood and paper products that are uncontaminated under applicable DEC regulations. those materials permitted under section 5.20.030 (brush, grass, wood). (Ord. 98-5 §2, 1998; prior code §8-100.3.)
Page Two

Ordinance 03-65(A)

City of Homer

Section 2. This ordinance is a general ordinance of a permanent nature and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this 8th day of December, 2003.

CITY OF HOMER

_____________________________

ATTEST: JACK CUSHING, MAYOR

MARY L CALHOUN, CMC, CITY CLERK

YES: 6

NO: 0

ABSTAIN: 0

ABSENT: 0

First Reading: 11/24 - 12/01/03 (11/24 meeting recessed and reconvened 12/01/03)

Public Hearing: 12/08/03

Second Reading: 12/08/03

Effective Date: 12/09/03

Reviewed and Approved as to form and content:

__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

Fiscal Note: NA

MLC/mlc