HomeMy WebLinkAbout10597-18 Request for Amendment of Local Standard Regulations in the South Bend Municipal Code ORDINANCE No . 10597-18
Passed by the Common Council of the City of South Bend, Indiana
July 9, ?()18
Attest: City Clerk
Kare mah N. Fowler
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 9, 18
20
• City Clerk
Kareemah N. Fo ler
Approved and signed by me 20 18
Mayor
BILL NO. 23-18
ORDINANCE NO. 10597-18
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17,
ARTICLE 2, DIVISION 3, SECTION 17-8 (f) TO REVISE LOCAL PRETREATMENT
STANDARDS FOR THE CITY'S NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT
STATEMENT OF PURPOSE AND INTENT
In order for the City of South Bend to discharge pollutants into the St. Joseph River as one
of the "waters of the United States," the federal Clean Water Act of 1972 requires the City to
possess a National Pollutant Discharge Elimination System (NPDES)Permit. As one condition of
the City's maintenance of its NPDES Permit, the City is required by the federal Environmental
Protection Agency (EPA) not less than every five years to review and update its Local Standards
for general use of the public sewers and pretreatment of waste. These regulations are codified at
Chapter 17, Article 2, Division 3, Section 17-8 of the South Bend Municipal Code.
The City through its Division of Environmental Services has performed the requisite
review and wishes to revise Section 17-8 (f) to add a Monthly Maximum Allowable Industrial
Load (MAIL)requirement, distinguished from a Daily MAIL. The City's recommended revision
of the Municipal Code is in compliance with federal law and is expected to be approved by the
EPA.
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 17, Article 2, Division 3, Section 17-8(f) of the South Bend
Municipal Code shall be amended to read in its entirety as follows:
Sec. 17-8—General purpose; prohibited discharges; discharge standards.
(f) Local Standards.
(1) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5(c)
to protect the objectives specified in Sec. 17-8(a).
(2) The following pollutant limits are established to protect against Pass Through
and Interference. No Significant Industrial User shall discharge wastewater in excess
of the following daily maximum discharge limitations: [0.00019) mg/L total
mercury.
(3) The Director may, at the Director's sole discretion, implement local limits
through allocation of the Daily Maximum Allowable Industrial Load (MAIL) and the
Monthly MAIL to Significant Industrial Users. The Daily MAIL is the total daily
loading of a pollutant available to be allocated to all Significant Industrial Users. The
Monthly MAIL is the total loading of a pollutant available to be allocated to all
Significant Industrial Users as a monthly average. The monthly y verage is calculated
as the sum of the concentrations of all daily discharges measured during a calendar
month divided by the number of daily discharges measured that month. Daily MAILs
and Monthly MAILs for the following pollutants are hereby incorporated by
reference:
Arsenic
c Cadmium
c Chromium
Copper
c Cyanide
1 Lead
n Nickel
s Silver
z Zinc
(4)
Significant Industrial Users (SIU) who have not been given an allocation for one of
the pollutants listed above shall notify the City of South Bend at least 90 days in
advance of a change in the characteristics of their wastewater that would increase the
expected concentration of that pollutant in their wastewater discharge. In addition,
the City may determine at any time that an SIU wastewater discharge requires a
limitation for a pollutant, regardless of the concentration levels listed below, and may
then develop a limit based on the MAIL. In any case, SIU discharge that is found to
contain in excess of the following concentrations will be reviewed for the need for a
limit. The Director may require more sensitive analysis when results are reported as
less than the following concentrations or less than greater concentrations:
Arsenic-0.2 mg/L
Cadmium-0.1 mg/L
Chromium-2.0 mg/L
Copper-0.3 mg/L
Lead-0.3 mg/L
Nickel-0.3 mg/L
Silver-0.2 mg/L
Zinc-0.3 mg/L
Cyanide-0.1 mg/L
SECTION II. This ordinance shall be in f7any effect from and after its passage by
the Common Council, approval of the Mayor bl icatio uired by law.
Tim Scott, esi ent
South Bend Common Council
Attest:
Kar emah N. Fo 1er, Oity Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the Q* day of J , 2018, at 41
o'clock m.
eemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of u1q 2018, at 5 o'clock
�.m.
Pet uttigie
City of So Bend, Indiana
PUBLIC
3 rd READING
NOT APPROVED I
REFERRED
PASSED -1'a/`8
sOvTHg� Filed in Clerk's Office
U j d JUN 0 4
PEACE
Oi
W \.
. 865 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF PUBLIC WORKS
Eric Horvath, Director
May 24,2018
Common Council
227 West Jefferson Blvd.
Suite 400 S
South Bend, Indiana 46601
RE: Request for Amendment of Local Standard Regulations in the South Bend Municipal Code
Dear Common Council Members:
Per the City of South Bend Wastewater Treatment Plant's (City)NPDES Permit No. IN0024520, the City is
required by the federal Environmental Protection Agency (EPA) to conduct a technical re-evaluation of its
Local Standards for use of the public sewers no less than every five-year permit cycle.The City has completed
the re-evaluation, and thus requests to amend Chapter 17; Article 2, Division 3, Section 17-8 (f) of the South
Bend Municipal Code to include a Monthly Maximum Allowable Industrial Load (MAIL) requirement,
distinct from the existing Daily MAIL.
The City's recommended modification of the Municipal Code is compliant with federal law and has been
tentatively approved by the EPA. In accordance with an EPA letter dated May 15,2018,prior to submittal for
formal EPA approval,the City must formally adopt the proposed revision to Section 17-8(f)of the South Bend
Municipal Code. We are submitting this amended Section of the South Bend Municipal Code for your
approval, so to comply with EPA's requirement.
If you should have any questions,please don't hesitate to contact me at 574-235-9251 or by email at
ehorvath@southbendin.gov
Sincerely,
Eric Horvath
Executive Director
Department of Public Works
227 West Jefferson Blvd. Suite 1300 N
South Bend, Indiana 46601