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HomeMy WebLinkAboutIllegal Dumping_Disposal Sites and Sanitary Landfills Code of Ordinances3/2/22, 12:15 PM South Bend, IN Code of Ordinances 1/4 (a) (b) (c) (a) (b) (a) (b) ARTICLE 6. - DISPOSAL SITES AND SANITARY LANDFILLS Sec. 16-40. - Uncontrolled dumping deemed nuisance; inspection upon complaint. The uncontrolled dumping of dirt, garbage, yard waste, refuse or trash of any type, kind or nature on any private or public area or into any streams running through or adjacent to the City is declared a nuisance hazardous to the health and well-being of the residents of the City. Upon a complaint being filed with the City's Department of Code Enforcement, a Code Enforcement Officer shall inspect any land or stream where alleged uncontrolled dumping has taken place. If the complaint is verified by the Code Enforcement Officer and deemed to be a nuisance or a violation of this Code, the City shall proceed with prosecution of the alleged violation. (Ord. No. 8436-93, § I) Sec. 16-41. - Refuse combined with salvageable materials; burning of refuse. Businesses or persons who receive or obtain refuse in combination with materials to be salvaged shall comply with the provisions of this chapter, except that refuse not containing garbage may be separated from salvageable material; provided, that the refuse must be removed to an approved refuse disposal site within twenty-four (24) hours after its receipt. Burning of refuse to free salvageable materials shall not be permitted except in an incinerator and on a site approved by the Health Officer, the Board of Public Works and all required federal, state and local agencies. (Ord. No. 8436-93, § I) Sec. 16-42. - Refuse disposal operation; permit required. No person shall operate a refuse disposal operation within the City without the approval of all required federal, state and local agencies and a permit issued by the Board of Public Works. (Ord. No. 8436-93, § I) Secs. 16-43, 16-44. - Reserved. Sec. 16-45. - Permit fee; exception. No fee shall be charged for the permit issued for any state, county, municipally-owned and operated public refuse disposal site. All other shall pay a permit fee of five hundred dollars ($500.00) to the City upon permit approval by the Board of Public Works. (Ord. No. 8436-93, § I) 3/2/22, 12:15 PM South Bend, IN Code of Ordinances 2/4 (a) (b) (a) (b) (c) (a) (b) (c) (d) Sec. 16-46. - Permit renewal; fee. A permit issued under this Article shall expire on December 31 of each year. The annual permit renewal fee shall be two hundred dollars ($200.00). Sec. 16-47. - Inspections; second inspections; reports; access to property and records. At least once each month, the Health Officer shall inspect each refuse disposal site. In case the health Officer discovers a violation of any item of sanitation pertinent to the provisions of the Chapter, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. The second inspection shall be used in determining compliance with the terms of this Chapter. Any violation remaining on the second inspection shall be cause for suspension or revocation of the permit. One (1) copy of the Health Officer's inspection report, on which violations of any item of sanitation pertinent to the provisions of this Chapter are inscribed, shall be left at the refuse disposal site by the Health Officer. Another copy of the inspection report shall be filed by the Health Officer with the records of the Health Department and a third copy filed with the Board of Public Works. The person operating the disposal site shall, upon request of the Health Officer, permit access to all parts of the grounds by such Health Officers and permit him to copy any and all records pertaining to the sources of refuse transported thereto for disposal. (Ord. No. 8436-93, § I) Sec. 16-48. - Sanitary landll operation requirements. When the permit application for accepting refuse or operating a refuse disposal system is for a sanitary landfill system, a topographic map of the proposed disposal site and surrounding area within eight hundred (800) feet of the site as prepared by an engineer registered in the State, at a scale of not over one hundred (100) feet to the inch with two (2) foot contour intervals, shall be submitted with the initial application and for any major proposed changes in the operation. The map shall also include fencing, drainage provisions, adjacent property and road grades and final grade of the area. Where necessary to facilitate a proper evaluation of the proposed operation, the topographic map shall be supplemented by detailed plans and specifications and engineering studies. The map and supplementary documents described herein shall be subject to review and approval by the State Board of Health and all required federal, state and local agencies. The area selected for the disposal of refuse shall be controlled by establishment hours of operation, and have an adequate perimeter fence on all exposed sides. Entrance gates shall be locked to prevent entrance of unauthorized personnel when attendants are not on duty. Adequate supervision shall be provided during the operational hours established under subsection (b) of this section. Suitable sanitary facilities shall be provided for employees where operations continue for four (4) hour periods or longer per day. 3/2/22, 12:15 PM South Bend, IN Code of Ordinances 3/4 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) All material delivered to the site shall be compacted and covered with six (6) inches of earth at the close of e working day. Final cover when establishing grade shall consist of at least two (2) feet compacted earth. The e cover material shall be inert and relatively free of organic matter, tree roots, branches, stone more than six ( inches in diameter, bulky building materials and have a low clay content. The face of the working fill shall be kept as narrow as possible and protection shall be afforded to control blowing papers and other debris. Fills exceeding a six-foot lift shall require special approval from the Health Officer. The location and operation of any refuse disposal site shall be in such a manner as not to contribute to the pollution of surface or groundwater where such pollution is deemed by the Health Officer as a hazard to the public health. The finished area shall be sloped to provide drainage and seeded to prevent erosion. Such area surface shall be maintained for a period of two (2) years after being completed to correct any erosion or settling that may develop. In operations where dust on the site and approaches thereto becomes a nuisance to adjacent property owners, the Health Officer shall require that dust control measures be provided. A set-back line of at least thirty-five (35) feet from any surface or underground drainage ways shall be established for each disposal site. Landfill disposal operations shall be located at least two hundred (200) feet from any private water supply and the location of any landfill within eight hundred (800) feet of a public water supply is prohibited unless otherwise approved by the Health Department and appropriate Plan Commission or Board of Zoning Appeals. Sanitary landfills shall not be established within three hundred (300) feet of any industrial or commercial building nor within six hundred (600) feet of any dwelling place except upon special permission and review of the County Health Department, appropriate Plan Commission or Board of Zoning Appeals. Access road shall be designated and maintained so that traffic to the disposal site will flow smoothly and will not be interrupted by ordinary inclement weather. Scavenging shall be permitted only if salvaged material is removed from the site daily and does not interfere with the orderly operation of the landfill. This Section in no way precludes the right of a landfill operator to prevent scavenging as a part of their operational standards. Emergency equipment shall be available on the site or suitable arrangements made for such equipment from other sources during equipment breakdowns or during peak loads. Burning shall not be permitted in the disposal area. Provisions shall be made to control fires should any develop. If in the opinion of the Health Officer, an insect or rodent problem exists, he may require that the operator institute a baiting or insecticide spraying program. Dangerous material such as poisons, acids, caustics and explosives shall not be deposited on the grounds unless permitted by required federal, state and local agencies and regulations. Other materials may be 3/2/22, 12:15 PM South Bend, IN Code of Ordinances 4/4 (a) (b) (c) (d) (a) (a) excluded by the landfill operator. (Ord. No. 8436-93, § I; Ord. No. 10538-17, § II, 9-11-17 ) Sec. 16-49. - Incineration regulations; registration; permit; fee; emissions. The operation and site of any incineration exceeding a capacity of eight hundred (800) pounds per hour shall be subject to approval by the Health Department, Board of Public Works, and the Board of Zoning Appeals and all required federal, state and local agencies. The Board of Zoning Appeals shall refer all request to the Area Plan Commission for study and recommendation. Plans and specifications for any incinerator exceeding a capacity of eight hundred (800) pounds per hour shall be prepared by an engineer registered in the State. The plans and specifications shall be approved by the State Board of Health, the Health Department and all required federal, state and local agencies. A permit and license shall be required to operate an incinerator which exceeds a capacity of eight hundred (800) pounds per hour. The permit fee shall be five hundred dollars ($500.00). The annual license fee shall be fifty dollars ($50.00) per one hundred (100) pounds per hour capacity of the incinerator. No person owning or in charge of a fuel burning, combustion or process equipment or device, or portable boiler used for the purpose of refuse disposal shall cause, suffer or allow the emission or discharge of smoke or particulate matter into the atmosphere in such quantities as to constitute a violation of federal, state and local law or, in the discretion of the Health Officer, would contribute to a public nuisance or hazard to the public health. (Ord. No. 8436-93, § I) Sec. 16-50. - Garbage grinding requirements. Nothing contained in this chapter shall be construed to prevent the disposal of residential and commercial garbage by garbage grinders; provided that the installation and operation of any garbage grinder equipped with a motor of three-fourths (¾) horsepower (0.76 hp metric) or greater shall be subject to review and approval by the Board of Public Works as provided by Section 17-8(c)(2) of this Code. The disposal of ground garbage shall comply with the provisions of Chapters 16 and 17 of the Municipal Code. (Ord. No. 8436-93, § I) Sec. 16-51. - Refuse disposal by other approved methods. Refuse may be disposed of by other methods specifically approved by the Health Officer and Board of Public Works.