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HomeMy WebLinkAboutAmending Chapter 4 Article 4 Inclusion of New Section 4-62 Waste to Energy Facility Regulations ORDINANCE NO. 7597-86 Passed by the Common Council of the City of South Bend, Indiana_ _ January 27, 19 86 Attest: City Clerk IRENE K. GAMMON Attest: '__. ■' .' -e. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 28, 19 86 City Clerk IRENE K. GAMMON Approved and sired by me r1.112JJ( Ulf/ , i9 S1 7 SUBSTITUTE BILL NO. 129-85 ORDINANCE NO. 7,597 - (� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW SECTION 4-62 ENTITLED WASTE TO ENERGY FACILITY REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 1986, several new State laws will become effective which will regulate solid waste disposal (I.C. , 36-9-30-1 et seq.) and hazardous waste (I.C. , 13-7-8.5-1 et seq.) The Indiana Department of Environmental Management will be charged with overseeing the solid waste disposal laws. Since several solid waste disposal methods such as incineration, composting, and grinding may be permitted, it is believed that reasonable licensing regulations are necessary to address such operations at the local level. The following bill is believed to be in the best interests of protecting the public health, safety and environmental concerns of the citizens of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of South Bend, Indiana, as follows: SECTION I . Chapter 4, Article 4, of the Municipal Code of the City of South Bend, Indiana, shall be amended by the inclusion of new Section 4-62 which shall read in its entirety as follows: Sec. 4-62 Waste To Energy Facilities. (A) Definitions. For the purpose of this Section, specific terms shall be defined as follows: (1) Solid waste shall mean all putrescible and non- putrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes. (2) Waste to Energy Facility shall mean any facility or location where solid waste is disposed and processed into energy. (B) License Required. No person, firm or corporation shall operate a Waste to Energy Facility without first obtaining a license from the office of the City Controller. (C) Initial License Procedure: (1) Initial license applications and renewal applications shall be made upon forms provided by the City Controller. The forms shall contain the following information: (a) Legal name of applicant. (b) Name of agent of applicant for licensing procedures. (c) Present address and phone number of applicant. (d) Street address of proposed site of operation. (e) Zoning of proposed site. (f) Number of off-street parking spaces available. (g) Description of building to be used, including square footage, age, and type of construction. (h) Specific solid waste to be processed. (i) Proposed hours of operation. (j) Anticipated number of vehicles entering and leaving the facility daily. (k) Anticipated noise and vibration level generated by facility. (1) Anticipated odor emitted by facility. (m) Evidence of approval from all Federal, State and Local agencies having jurisdiction over the site's construction and operation of facility, including compliance with Section 21-36 of the Municipal Code of South Bend. (n) Any additional information required by the Board of Public Works as to ownership and operation of the facility. (2) The completed application shall be submitted to the office of the Controller along with the appropriate application fee and a site plan of the proposed location showing the property lines and all existing or proposed buildings, parking spaces, loading docks and landscaping thereon. The office of the Controller shall forward the completed application and supporting documents to the Clerk of the Board of Public Works who shall submit same to the Fire Prevention Bureau, Bureau of Traffic and Lighting, Code Enforcement Department and County Health Department for review and recommendation regarding compliance with all applicable fire codes, traffic rules and regulations, building codes, and public health, safety and environmental regulations. Within ten (10) days after receipt of an application each agency shall forward to the Clerk of the Board of Public Works a written report stating in detail any existing violations of applicable State, Local or Federal laws, standards or regulations, along with a recommendation as to whether or not a license should be issued. The Clerk to the Board shall inform the Board of Public Works of said reports and the Board shall set a date on which a public hearing shall be held and shall authorize the Clerk to publish notice. (3) Upon receipt of all required reports and recommenda- tions, the Clerk of the Board of Public Works shall publish notice, pursuant to I.C. , 5-3-1, to a public hearing to be held by the Board for the purpose of reviewing the reports and recommendations and of determining whether or not to recommend to the Common Council issuance of a license. If after the hearing and after reviewing the reports and recommendations of the Fire Prevention Bureau, Bureau of Traffic and Lighting, Code Enforcement Department and County Health Department, and the Board determines that a license should be issued, it shall adopt a resolution recommending issuance of a license and shall forward same along with all report and recommendations and an appropriate Council resolution to the Common Council for its consideration. (4) After the Common Council has reviewed the reports and recommendations of the various departments and bureaus and the resolution of the Board of Public Works, it shall hold a public hear- ing to receive further information from interested parties concerning the impact of the proposed operation on public health, safety and general welfare of the community. If after public hearing the Common • Council finds that the proposed operation will not have an injurious effect on public health, safety and general welfare of the community, it shall approve the issuance of the license and shall pass a resolution setting forth its findings and approval. (5) Following approval by the Common Council, the Controller shall issue or renew the Waste to Energy Facility license. (D) Appeals. An applicant may appeal the denial of a Waste to Energy Facility license pursuant to the procedures set forth in Section 4-16 of this Chapter. (E) License Fee. The annual fee for a license to operate a Waste to Energy Facility shall be two hundred dollars ($200.00), said fee being reasonably related to the cost of carrying out said regulations herein, which shall be payable to the Controller at the time of issuance of the license. (F) Zoning Restrictions. Waste to Energy Facilities shall be located only in areas zoned "E" Heavy Industrial; however, no Waste to Energy Facility shall be located within one thousand (1,000) feet of any of the following zoning districts as defined by the zoning chapter of this Code: (1) "A" Residence District. (2) "A-1" Residence District. (3) "A-2" Planned Residential Development District. (4) "A-3" Mixed Use Multifamily Residential and Commercial. (5) "B" Residence District. (6) "B-1" Residence District. (7) "C-1" Commerical, Limited Use District. (8) "C-2" Planned Shopping Center District. (G) Screening. If the Waste to Energy Facility is not to be operated wholly within a structure, the premises shall be surrounded by a continuous visual screen consisting of a solid fenced wall, six (6) feet in height, a densely planted hedge reaching six (6) to eight (8) feet in height within two (2) years of date of planting, or an earth berm. (H) Operation and Maintenance. A Waste to Energy Facility licensed under this Section shall be subject to all applicable Federal, State and Local statutes, ordinances and regulations, as well as all regulations promulgated by the Board of Public Works to ensure safe and sanitary operation of the facility. The facility shall be inspected semiannually by the Fire Prevention Bureau, Bureau of Traffic and Lighting, Code Enforcement Department and County Health Department for compliance with applicable code requirements. (I) Penalties. Any person, partnership or corporation who violates any provisions of this Section shall be subject to the penalties of Sections 4-15 and 4-16 of this Chapter and may, upon con- viction, be fined not less than twenty-five dollars ($25.00) or more than two thousand five hundred dollars ($2,500.00). Each day of violation shall constitute a separate offense. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. i` IP Member f t e Common Council .5O R , ,e, /i, CITY of SOUTH BEND �:. \PEACE �, g j COMMON COUNCIL ∎' 4t •"'..........«•.4 i/ 441 COUNTYCITY BUILDING SOUTH BEND,INDIANA 46601 N\ 1865_�►•�► BEVERLIE J.BECK January 22, 1986 Area 219 284.9321 President EUGENIA BRABOY Vice-President JOSEPH T.SERGE Chairman, Committee of the Whole Members of the South Bend Common Council 4th Floor County-City Bldg. JOSEPH T.SERGE 227 W. Jefferson Blvd. First District South Bend, IN 46601 Re: Waste to energy licensing bill. EUGENIA BRABOY Bill No. 129-85 Second District Fellow Council Members: BEVERLIE J.BECK Third District ANN B.PUZZELLO On January 27, 1986 the Common Council is set to give second Fourth District reading and public hearing to a waste to energy facility ROBERT G.TAYLOR licensing bill. Fifth District THOMASZAtrict KI The original. bill was given first reading on October Sixth District g $ BEVERLY D.CRONE 28, of last year, then set for second reading December At Large 16, 1985. The bill was then continued until January AL B.PASZEK 27, to give the legal department adequate time to review At Large the bill and make any recommendations for change. The JOHN VOORDE amended bill before you now is a product of those meetings, At Large y P incorporating several technical changes suggested by K.CEKANSKI-FARRAND - the City's legal department. Council Attorney The purpose of the bill is to establish reasonable guidelines for the licensing of waste to energy facilities. It is deemed these licensing requirements are in the best interests of protecting the public health, safety, and environmental concerns of the citizens of South Bend. The bill is patterened after, and an outgrowth of, both the City's junkyard licensing law and the fertilizer manufacturing licensing law. Procedures for licensing in the bill will provide for review of proposed facilities by various city and county agencies to assure compliance with all applicable fire codes, traffic rules and regulations, building codes, and public health and environmental regulations. Members of the South Bend Common Council January 22, 1986 Page 2 Finally, after recommendation by the Board of Public Works, the Council will hold a public hearing on a resolution authorizing the issuance of a license for such a facility. The procedures in the bill allow for fair and adequate review of the proposed facility and assure the opportunity for public input prior to the issuance of a license for its operation. I would appreciate your fullest consideration and support of this bill. Sincerely, , John Voorde Councilman-at-Large JV/mbw Illrri-------- . , —.....-- ftnmmtttrr itrport Uhl to Ton m nt Qlounrtt of tip QIiX*J of$ou#1t lend: Your Committee of the Whole to whom was referred BILL NO. 129-85 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4 OF THE MUNICIPAL CODE OF SOUTH BEND BY THE INCLUSION OF NEW SECTION 4-62 ENTITLED WASTE TO ENERGY FACILITY REGULATIONS. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.