Amending Chapter 4 Article 4 Inclusion of New Section 4-62 Waste to Energy Facility Regulations

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SUBSTITUTE BILL NO. 129-85 ORDINANCE NO. 7,597 - (� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW SECTION 4-62 ENTITLED WASTE TO ENERGY FACILITY REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 1986, several new State laws will become effective which will regulate solid waste disposal (I.C. , 36-9-30-1 et seq.) and hazardous waste (I.C. , 13-7-8.5-1 et seq.) The Indiana Department of Environmental Management will be charged with overseeing the solid waste disposal laws. Since several solid waste disposal methods such as incineration, composting, and grinding may be permitted, it is believed that reasonable licensing regulations are necessary to address such operations at the local level. The following bill is believed to be in the best interests of protecting the public health, safety and environmental concerns of the citizens of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of South Bend, Indiana, as follows: SECTION I . Chapter 4, Article 4, of the Municipal Code of the City of South Bend, Indiana, shall be amended by the inclusion of new Section 4-62 which shall read in its entirety as follows: Sec. 4-62 Waste To Energy Facilities. (A) Definitions. For the purpose of this Section, specific terms shall be defined as follows: (1) Solid waste shall mean all putrescible and non- putrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes. (2) Waste to Energy Facility shall mean any facility or location where solid waste is disposed and processed into energy. (B) License Required. No person, firm or corporation shall operate a Waste to Energy Facility without first obtaining a license from the office of the City Controller. (C) Initial License Procedure: (1) Initial license applications and renewal applications shall be made upon forms provided by the City Controller. The forms shall contain the following information: