Amending Chapter 17 Reinstate Hauled Septic Waste

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ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE TO REINSTATE ARTICLE 2, SECTION 17 -27.1 HAULED SEPTIC WASTE STATEMENT OF PURPOSE AND INTENT In 2004 the City of South Bend (the City) amended the South Bend Municipal Code to add Section 17 -27.1 to Chapter 17, Article 2 which regulated hauled residential septic tank and similar liquid waste, and assessed a charge of $0.06 per gallon to haulers of septic waste who desired to discharge such waste at the City's Wastewater Treatment Plant. The City has discovered that in amending Chapter 17 Article 2 of the South Bend Municipal Code to comply with the Clean Water Act as required by the federal Environmental Protection Agency (EPA), Section 17 -27.1 was inadvertently eliminated. It is important to include regulation and charges to residential septic tank and similar liquid waste haulers. This ordinance reinstates Chapter 17, Article 2, Section 17 -27.1 as originally adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF TIIE CITY OF SOUTII BEND, INDIANA as follows: Section I. Chapter 17, Article 2, of the South Bend Municipal Code be and hereby is amended to reinstate former Section 17 -27.1 to read in its entirety as follows: Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge requirements and rates. (a) Generally. Hauled septic tank waste and similar liquid waste is amenable to treatment at the South Bend Wastewater Treatment Plant. Only hauled septic tank waste from residential locations will be accepted. Hauled septic waste from industrial and commercial allocations is prohibited. (b) Permitting Requirements. Any septic tank waste hauler must have a valid permit issued by the State of Indiana, Department of Environmental Management in order to discharge at the South Bend Wastewater Treatment Plant. In addition, each septic tank hauler must complete a discharge application with the City of South Bend, Division of Environmental Services prior to receiving approval to discharge at the South Bend Wastewater Treatment Plant. (c) Rates and charges. (1) Each hauler of septic tank waste shall be required to complete discharge records at the plant indicating the origin of location(s) for each tanker discharged. Charges shall be six cents ($0.06) per gallon on a full tanker basis. The hauler shall be charged the full tanker volume for each discharge regardless of actual discharge volume, unless the City installs metering. At that time, charges shall be six cents ($0.06) per gallon as metered. (2) The rates and charges for hauled septic waste shall be subject to the same