8436-93 Amending Various Sections Throught Chapter 16 Refuse

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ORDINANCE NO. 8436-93 SUBSTITUTE ORDINANCE NO. 96-93 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS THROUGHOUT CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE" STATEMENT OF PURPOSE AND INTENT The purpose of this Ordinance is to address the serious environmental problems regarding the disposal of solid waste. Indiana Public Law 10-1990 and the District Solid Waste Management Plan mandate the reduction of solid waste that is landfilled or incinerated by thirty-five percent (35%) before January 1, 1996, and by fifty percent (50%) before January 1, 2001 . To achieve these goals, the City of South Bend must take more control over the waste stream emanating from the City and must mandate recycling of certain wastes . An additional goal of this Ordinance is to assure that each occupied residence within the City is provided with solid waste collection services . The City currently collects solid waste from approximately 75% of the residences in South Bend. The remainder of the occupants either utilize private solid waste contractors or dispose of their refuse themselves, often by dumping it on vacant lots or other unauthorized dumping areas . This creates health and environmental problems, and the cost of removing and disposing of this refuse falls on the taxpayer. Another goal of this Ordinance is to provide solid waste collection and disposal services to the citizens of South Bend at the lowest possible cost . By assuming exclusive control over the residential solid waste stream, the City will benefit from economies of scale in its collection and disposal activities, which in conjunction with a modest fee increase, will enable the City to bring into a positive cash flow a program that is currently operating at a loss . To achieve the purposes set out above, this Ordinance provides that the City will assume exclusive control of all residential refuse produced by single to four-family dwellings within the City. This Ordinance prohibits the collection of residential refuse by private companies, unless they are under contract with the City, and provides penalties for violation of such provision. This Ordinance sets monthly fees for residential refuse collection and disposal for all occupied residences within the City. This Ordinance prohibits the landfilling of any yard waste emanating from the City, and requires that such yard waste be disposed of at the City' s Organic Resource Facility, unless it is otherwise recycled in a manner approved by the Director of the Department of Public Works . This Ordinance initially sets the tipping rates and charges for the purchase of recycled products from the Organic Resource Facility, but permits future adjustments to those rates by the Board of Works based upon the cost of processing, production and operation of the facility. Finally, this Ordinance changes several requirements regarding refuse containers and makes other minor structure and content changes .