Amending Chapter 17 EPA's Recommendations

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ORDINANCE NO. (0 3 (� -" I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et se g. and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non - substantive errors and to make other minor changes. On February 10, 2014 this Council passed and adopted Resolution #4319 -14 which approved a Proposed version of this Ordinance subject to public notice and comment, and final approval by the EPA. This Ordinance incorporates the final changes required by the EPA. The amended Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users set forth in Section I of this final Ordinance has been subject to more than 30 days of public comment without objection. 1