Granting Preliminary Approval to a Proposed Ordinance Amending Chapter 17 Pursuant to Recommendation of United State Enviromental Protection Agency

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RESOLUTION NO. {'t 3 � �— A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WHEREAS, the South Bend Common Council substantially revised and amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No. 10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published in 2007 by the federal Environmental Protection Agency (EPA); and WHEREAS, in accordance with EPA requirements, the City of South Bend has performed an evaluation of its limitations on chemical pollutants to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17, Article 2, Division 3 of the South Bend Municipal Code are necessary; and WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in pollution limitations, and certain minor changes; and WHEREAS, the EPA has the power of final review and approval of any local government law or ordinance which incorporates the requirements of the federal Clean Water Act, 33 United States Code Section 1251 et seq., and the Clean Water Act's General Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Part 403, but the EPA will not give its final approval until such an ordinance is approved by the City's legislative body; and WHEREAS, the Common Council of the City is the legislative body of the City of South Bend and now desires to preliminarily approve the proposed ordinance in order to permit the EPA to proceed with its own approval process including a period of 30 days for public comment, after which the Common Council will formally enact the attached ordinance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: I . The proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily.