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HomeMy WebLinkAbout25-21 Resolution to Deny a Scrap Metal / Junk Dealers / Recycling Operations License for US Scrap and Recycling LLC Filed in Clerk's Office 4 City of South Bend Corn m un it In vestm en t 3' Bianca Tirado City Clerk, South Bend, IN April 2,2025 Council Member Canneth Lee Council Member Troy Warner President Chairperson South Bend Common Council Community Investment Committee County-City Building,4th Floor South Bend Common Council South Bend, Indiana 46601 County-City Building,4th Floor South Bend, Indiana 46601 RE: Resolution to deny the issuance of Scrap Metal/Junk Dealers/Recycling Operation License pursuant to Section 4-51 of the South Bend Municipal Code. Dear President Lee and Council Member Warner, Please find the enclosed resolution to deny a license application by U.S. Scrap &Recycling LLC ("Applicant') for Scrap Metal/Junk Dealers/Recycling Operations at 1610 Circle Ave. This resolution is submitted for consideration by the Common Council in accordance with Section 4- 51(ex3)of the Municipal Code. Upon receipt, the license application was submitted to the Police Department, Fire Inspection Bureau, Neighborhood Services and Enforcement, and the Zoning Department for their reviews and recommendations. Applicant's property was inspected by said departments and received a favorable recommendation. Though said departments made a favorable recommendation, their recommendation must be taken together with all applicable requirements in the business licensing ordinance. Pursuant to the broader applicable ordinances,the Applicant's business license application should be denied.Under Sec.4-6,every licensee is required to "(4)Conduct the business in such a manner as not to create a nuisance or hazard to the public."Sec.4-16 provides that licenses can be refused, revoked,or suspended if a business is "Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public." Further,Sec.4-51(1x1)requires scrap metal dealers to "be maintained and operated in compliance with all applicable fire,health and public safety laws of the State and the provisions of this Code and other ordinances of the City." Applicant was cited by the Indiana Department of Environmental Management (IDEM) for numerous active violations of Indiana and Federal environmental law that regulates hazardous waste. A copy of relevant documents is attached. The applicable citations reveal that business activity is being conducted in a manner that does not comply with Sec. 4-51(1)(1), because said activities fail to comply with the health and public safety laws of the State. Further, Applicant's activities do not comply with Sec.4-5 I(lxl),because they are detrimental to the health,safety and welfare of the public. Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S (574)233-0311 outside City limits Innovation South Bend,IN 46601 Inclusion Em ail:311(uisouthbendin.Qov Empowerment Website:Southbendin.eov City of South Bend (0mmunityInvestment Finally, in determining whether to approve a resolution for a Scrap Metal Dealer, Sec 4-41(f)(1) states that "the Common Council shall consider the effect or appropriateness of a scrap or junkyard upon the surrounding area."Given the potential dangers presented to the public in the surrounding area as a result of Applicant's operations on its property,a business license should be denied at this time. Upon Applicant demonstrating full compliance with applicable environmental laws,Applicant's business license could be reconsidered. In addition to relevant DEM records, you will also fmd enclosed the license application and the department reports for your review. If you or other Council Members have any questions,please contact me at (574)235-5912. Sincerely, 4416)4fahnnO Michelle Adams Business License Administrator Excellence Visit Phone County-City Building 311 inside City limits Accountability 227 W Jefferson Blvd,Suite 1400 S (574)233-0311 outside City limits Innovation South Bend,IN 46601 Inclusion Email:31 l nasouthbendin.aov Em powerm ent Website:Southbendin.gov Filed in Clerk's Office BILL NO. 25-21 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR US SCRAP & RECYCLING LLC PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS, on April 2, 2025,the Business License Administrator provided written notice to the City Clerk that the Scrap Metal Dealer/Junk Dealer/Recycling Operations Application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave. has been reviewed for the year 2025; and WHEREAS, the license application for the above-referenced business received favorable recommendations from reviewing departments, including the Police Department, the Fire Prevention Bureau, and Neighborhood Services and Enforcement; WHEREAS,based upon the review of the application,the Business License Administrator recommends denial of the Scrap Metal Dealer/Junk Dealer/Recycling Operations/Application for the above-referenced business on the basis that the application does not meet the requirements of the South Bend Municipal Code; WHEREAS, pursuant to Section 4-6, every business licensee is required to "(4) Conduct the business in such a manner as not to create a nuisance or hazard to the public"; WHEREAS, pursuant to Section 4-16 provides that licenses can be refused, revoked, or suspended if a business is "Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public"; WHEREAS, pursuant to Section 4-51(1)(1) scrap metal dealers must operate "in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City"; WHEREAS, Applicant was cited by the Indiana Department of Environmental Management (IDEM) for numerous active violations of Indiana and Federal environmental law that regulates hazardous waste; WHEREAS, relevant citations reveal that business activity is being conducted in a manner that does not comply with Sec. 4-51(1)(1), because said activities fail to comply with the health and public safety laws of the State, and does not comply with Sec. 4-51(1)(1), because it is detrimental to the health, safety and welfare of the public; WHEREAS, pursuant to Section 4-51(f)(1)the Common Council is permitted to "consider the effect or appropriateness of a scrap or junkyard upon the surrounding area"; WHEREAS,the nature of the violations committed upon Applicant's property indicate that Applicant's operations present a danger to the public; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license application for the following business: U.S. Scrap & Recycling LLC: 1610 Circle Ave. Is denied in conformity with South Bend Municipal Code Section 4-51 and 4-16 as evidenced by the Business License Administrator's communication to the City Clerk dated April 2, 2025. SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City 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 day of , 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana For ail municipal business lcense questions,contact: City of South Bend•Ordinance Violation Bureau 227 West Jefferson Blvd•Suite 455•South Bend,Indiana 46601•574 35.6052•F:574.235. 73 U\ gLL 1 45co LICENSE APPLICATION FOR -SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS Filed in Clerk's Office CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 -' Bianca Tirado City Clerk,South Bend, IN I.APPLICATION TYPE Check One: New Renewal X A.Scrap Metal Dealer X Junk Dealer Recycling Operation X II. BUSINESS DATA A. Business Name: US Scrap&Recycling B. Business Address: 1610 circle Avenue City: South Bend State: IN Zip: 46628 C. Mailing Address (If different from above): 1495 Wentzel Street City: Rochester State: IN ZIp: 46975 D. Business Telephone Number: 765-776-2436 E. Business Fax Number: 574-224-4300 F. E-Mail Address: infaCkcchestertron.com G. Zoning of Proposed Business Location: Heavy Industrial H. Lot Size of Premises:*1-15 Acres I. Type of Fencing Used:Metal Fencing J. Is the Property Owned or Leased by the Applicant:owned 1. Name of Owner if Property is Leased:Jason W Grube(Grube Industries,t.LC) 2. Business Address of Owner: 1495 Wentzel street,Rochester IN 46975 Please Continue to Page 2(back of sheet) For Office Use Only Application Filed ahl 1) 2 vc Fire Dept.Approval Application Fee Paid ©hl f) 2IJ1.5 Building Dept. Approval Sent to Dept. ;A jl ei ; ?Ih Code Enforcement Police Dept.Records Approval License Fee Paid Common Council Approval License Number SCRacaS'QU4 Not Approved Reason 1 ror a l municipal business license Questions,contact: City of South Bend•Croinance Violation Bureau 227 West Jefferson Blvd•Suite 455*South Bend,ind'ana 46601•574.235 6D52•F:574.235.9173 LICENSE APPLICATION FOR-SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA MUNICIPAL CODE SECTION -4-51 III. PERSONAL DATA A.Applicant's Legal Name: Jason W Grube B. Residential Address City State: IN Zip: C. Residential Telephone Number: 765-776-2436 D.Cellphone Number: 765-776-2436 E I. Position with Business Owner IV. INCLUDE,WITH APPLICATION,A SITE PLAN OF THE FACILITY SHOWING PROPERTY UNES,BUILDINGS, PARKING SPACES,LOADING DOCKS,FUEL STORAGE,AND LANDSCAPING. V. INCLUDE$5.00 PROCESSING FEE WITH APPLICATION VI. AFFIRMATION I, hereby,certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. le.9 12-5-24 .46' Signature Date 2 .,-, t t,r• NB ' -• -, . .. '" •'4- IT . --Ai :mac - ValaMitil al MISSIIWITEJNBki WPMTP ill Z.... il M l..V,_ 31-n IF ' • , - . I,--fr--- . 27 asnr gto ..a. , 14 ) I . • C$C" .1 F-, '.....i, _ I. . .:. - •. - .7..:- i wo wie .- ;.. a. AO, .• • .-.. • 4 . . .... ...... 0. ..., ..e. . .........., A' . No fuel storage on property POLICE DEPARTMENT SCRAP YARD INVESTIGATION FORM DATE: 01/07/25 BUSINESS NAME: US Scrap & Recycling BUSINESS ADDRESS: 1610 Circle Avenue APPLICANT NAME:Jason W. Grube 1. Pursuant to Sec.4-51(e)(2) of the South Bend Municipal Code,the SBPD considered the criminal history of the applicant, if any,and the likelihood that granting the License will endanger the health,safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any,and the recommendation of the Police Department shall be attached to the application and forwarded to the Business License Administrator. Comments:Applicant has no recent concerns or issues pertaining to the health, safety or welfare of the public. 2. Pursuant to Sec.4-51(f)SBPD Property Nuisance Officer verified compliance with all noise regulations set forth in Sec. 13-82 of the South Bend Municipal Code. Comments:There are no issues with noise issues in the past 12 months. 3. Pursuant to Sec.4-51(q)SBPD verified there is video surveillance monitoring all business transactions (if applicable). 4. Pursuant to Sec.4-51(k)(1)SBPD Records Division verified the applicant is maintaining a physical sales report of scrap metal and/or valuable metals. Each dealer or operator must keep and preserve data on or through an electronic or computer data system database daily for the preceding 24-hour period of all purchases of any scrap metal and valuable metal items, unless exempted by ordinance. Such information shall be sent via electronic forms of transmission to the SBPD using the Records Management System, Leads Online. (if applicable) Comments:This property does NOT have functional external camera system.The monitor and system is off site though. This property IS NOT registered with leadsonline.This property also appears to be vacant. After reviewing Police records for the applicant and business address,the SBPD recommends the license be(circle one)granted/denied. Community Resource Officer Joseph Cole Officers Name and Title 2,6, 4.4eW �� O7/0745 SOUTH BEND FIRE DEPARTMENT INSPECTION REPORT 4' lr\ 1, US SCRAP&RECYCLING, US SCRAP&RECYCLING, 1610 CIRCLE AVE, BLDG 1610 CIRCLE AVE., SOUTH BEND IN 4662B-2041 440 DETAILS Inspection Dare: 01/13/2025 ` Inspection Type:Scrap Metal Dealers/Junk Dealers/Recycling Inspection Number:6927 Shift N/A ; Station:Station 4 i Unit: N/A , Lead Inspector:Jim Weinberg • Other Inspectors: N/A VIOLATIONS AND COMPLIANCES Showing only resolved violations,passed codes,violations, N/A codes,and images for this inspection.Please reach out to the lead inspector for more details. Resolved Violations:0 J Passed Codes:21 I Violations:2 I N/A Codes:28 STATUS CODE DESCRIPTION PASS 1030.1 -General The means of egress for buildings or portions thereof shall be maintained in accordance with this section. PASS 1030.2-Reliability Required exit accesses,exits and exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency when the building area served by the means of egress is occupied.An exit or exit passageway shall not be used for any purpose that interferes with a means of egress. PASS 1030.3-Obstructions A means of egress shall be free from obstructions that would prevent its use, including the accumulation of snow and ice. PASS 1030.6-Finishes,furnishings Means of egress doors shall be maintained in such a manner as to be and decorations distinguishable from the adjacent construction and finishes such that the doors are easily recognizable as doors. Furnishings,decorations or other objects shall not be placed so as to obstruct exits,access thereto, egress therefrom,or visibility thereof. Hangings and draperies shall not be placed over exit doors or otherwise be located to conceal or obstruct an exit. Mirrors shall not be placed on exit doors. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit. Page 1 of 12 STATUS CODE DESCRIPTION PASS 1104.18-Exit access travel Exits shall be located so that the maximum length of exit access travel,measured distance from the most remote point to an approved exit along the natural and unobstructed path of egress travel,does not exceed the distances given in Table 1104.17.2. PASS 1104.19-Common path of The common path of egress travel shall not exceed the distances given in Table egress travel 1104.17.2. PASS 1104.4-Power source Where emergency illumination is required in Section 1104.5,exit signs shall be visible under emergency illumination conditions.Exception:Approved signs that provide continuous illumination independent of external power sources are not required to be connected to an emergency electrical system. PASS 1104.8-Opening force for The opening force for interior side-swinging doors without closers shall not doors exceed a 5pound(22 N)force.For other side-swinging,sliding and folding doors, the door latch shall release when subjected to a force of not more than 15 pounds(66 N).The door shall be set in motion when subjected to a force not exceeding 30 pounds(133 N).The door shall swing to a full-open position when subjected to a force of not more than 50 pounds(222 N).Forces shall be applied to the latch side. PASS 304.1 -Waste accumulation Combustible waste material creating a fire hazard shall not be allowed to prohibited accumulate in buildings or structures or upon premises. PASS 304.1.1 -Waste material Accumulations of wastepaper,wood,hay,straw,weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court,yard.vacant lot,alley,parking lot,open space,or beneath a grandstand,bleacher.pier,wharf or other similar structure. Page 2 of 12 STATUS CODE DESCRIPTION PASS 304.1.2*-Vegetation Weeds,gr ass,vines or other growth that is capable of being ignited and endangering property,shall be cut down and removed by the owner or occupant of the premises. PASS 315.1 -General Storage shall be in accordance with Sections 315.2 through 315.4. PASS 315.3.2-Means of egress Combustible materials shall not be stored in exits or enclosures for stairways and ramps. PASS 315.3.3-Equipment rooms Combustible material shall not be stored in boiler rooms,mechanical rooms or electrical equipment rooms. PASS 315.4-Outside storage Outside storage of combustible materials shall not be located within 10 feet(3048 mm)of a lot line. Exceptions:1.The separation distance is allowed to be reduced to 3 feet(914 mm)for storage not exceeding 6 feet(1829 mm)in height.2.The separation distance is allowed to be reduced when the fire code official determines that no hazard to the adjoining property exists. PASS 509.1.1 -Utility identification Gas shutoff valves,electric meters,service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be made in an approved manner,readily visible and shall be maintained. PASS 605.1 -Abatement of Identified electrical hazards shall be abated. Electrical wiring,devices,appliances electrical hazards and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used. Page 3 of 12 STATUS CODE DESCRIPTION PASS 901.5.1 •Occupancy It shall be unlawful to occupy any portion of a building or structure until the required fire detection,alarm and suppression systems have been tested and approved. PASS 907.8-Inspection,testing and The maintenance and testing schedules and procedures for fire alarm and fire maintenance detection systems shall be in accordance with Sections 907.8.1 through 907.8.5 and NFPA 72. • PASS ADDRESS 18-56-Exhibit (a)The owner or occupant of every house or business place in the City shall place number,size of figure. the number assigned to his lot or part of lot by the City Engineer in a conspicuous place on the side of or above the front door of such house or building.(b)Such number shall consist of figures not less than three(3)inches in length and so made or marked as to be distinctly and easily read PASS IC22-12-8-2-Violations; A person who violates:(1)a rule adopted under this article,IC 22-13,IC 22-14,or infraction IC 22-15;(2)a condition of a permit,certification,registration,release, authorization,variance,exemption,or other license issued under this article,(C 22-13,IC 22-14,IC 22-15;or(3)any other order issued under this article,IC 22-13, IC 22-14, IC 22-15;commits a Class C infraction. FAIL 505.1 -Address identification New and existing buildings shall have approved address numbers,building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property.These numbers shall contrast with their background.Address numbers shall be provided in additional approved locations to facilitate emergency response.Address numbers shall be Arabic numbers or alphabetical letters.Numbers shall be a minimum of 4 inches(101.6 mm)high with a minimum stroke width of 0.5 inch (12.7 mm).Where access is by means of a private road and the building cannot be viewed from the public way,a monument, pole or other sign or means shall be used to identify the structure.Address numbers shall be maintained.Exception: Secured sites manned with on site,full-time 24 hour response teams who escort responding fire departments may omit address numbers, building numbers or building identification on individual buildings. Location: Need address numbers visible from street.Gate would be a great place to locate such. 3.3.113- Page 4 of 12 STATUS CODE DESCRIPTION FAIL 906.2-General requirements Portable fire extinguishers shall be selected,installed and maintained in accordance with this section and NFPA 10. Exceptions: 1.The travel distance to reach an extinguisher shall nor apply to the spectator seating portions of Group A-5 occupancies.2.Thirty-day inspections shall not be required and maintenance shall be allowed to be once every three years for dry-chemical or halogenated agent portable fire extinguishers that are supervised by a listed and approved electronic monitoring device, provided that all of the following conditions are met:2.1. Electronic monitoring shall confirm that extinguishers are properly positioned,properly charged and unobstructed.2.2. Loss of power or circuit continuity to the electronic monitoring device shall initiate a trouble signal.2.3. The extinguishers shall be installed inside of a building or cabinet in a noncorrosive environment.2.4.Electronic monitoring devices and supervisory circuits shall be tested every three years when extinguisher maintenance is performed.2.5.A written log of required hydrostatic test dates for extinguishers shall be maintained by the owner to verify that hydrostatic tests are conducted at the frequency required by NFPA 10.3. In Group 1-3,portable fire extinguishers shall be permitted to be located at staff locations. Location: Need an extinguisher in light blue building. N/A 1004.3-Posting of occupant Every room or space that is an assembly occupancy shall have the occupant load load of the room or space posted in a conspicuous place,near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. N/A 1030.4-Exit signs Exit signs shall be installed and maintained in accordance with Section 1011. Decorations,furnishings,equipment or adjacent signage that impairs the visibility of exit signs,creates confusion or prevents identification of the exit shall not be allowed. N/A 1030.5-Nonexir identification Where a door is adjacent to. constructed similar to and can be confused with a means of egress door,that door shall be identified with an approved sign that identifies the room name or use of the room. „xea or.. '.:2025-Page 5 of 12 STATUS CODE DESCRIPTION N/A 1030.7-Emergency escape Required emergency escape and rescue openings shall be maintained in and rescue openings accordance with the code in effect at the time of construction,and the following: Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars,grilles,grates or similar devices are allowed to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key,tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. N/A 1030.8*-Testing& All two-way communication systems for areas of refuge shall be inspected and maintenance tested on a yearly basis to verify that all components are operational.When necessary,the tests shall be conducted in the presence of the fire code official. N/A 1030.9-Floor identification The floor identification signs required by Sections 1022.9 and 1104.23 shall be signs maintained in an approved manner. N/A 1104.23-Stairway floor Existing stairs shall be marked in accordance with Section 1022.9 number signs N/A 1104.3-Exit sign illumination Exit signs shall be internally or externally illuminated.The face of an exit sign illuminated from an external source shall have an intensity of not less than 5 footcandles(54 lux).Internally illuminated signs shall provide equivalent luminance and be listed for the purpose.Exception:Approved self-luminous signs that provide evenly illuminated letters shall have a minimum luminance of 0.06 foot-lamberts(0.21 cd/m2). Page 6 of 12 STATUS CODE DESCRIPTION N/A 1104.5-Illumination The power supply for means of egress illumination shall normally be provided by emergency power the premises'electrical supply. In the event of power supply failure,illumination shall be automatically provided from an emergency system for the following occupancies where such occupancies require two or more means of egress: 1. Group A having 50 or more occupants. Exception:Assembly occupancies used exclusively as a place of worship and having an occupant load of less than 300.2. Group B buildings three or more stories in height,buildings with 100 or more occupants above or below a level of exit discharge serving the occupants or buildings with 1,000 or more total occupants.3. Group E in interior stairs, corridors,windowless areas with student occupancy, shops and laboratories.4, Group F having more than 100 occupants. Exception:Buildings used only during daylight hours which are provided with windows for natural light in accordance with the International Building Code.OAR 837,Division 41 is not part of this code but is reproduced or paraphrased here for the reader's convenience.OAR 837, Division 41 regulates exitway protection.5.Group I.6.Group M. Exception: Buildings less than 3,000 square feet(279 m2)in gross sales area on one story only,excluding mezzanines.7.Group R-1.Exception:Where each sleeping unit has direct access to the outside of the building at grade.8. Group R-2.Exception: Where each dwelling unit or sleeping unit has direct access to the outside of the building at grade.9.Group R-4. Exception:Where each sleeping unit has direct access to the outside of the building at ground level. N/A 24.5-Design signage The installing contractor shall identify a hydraulically designed sprinkler system with a permanently marked weatherproof metal or rigid plastic sign secured with corrosion resistant wire,chain,or other approved means.Such signs shall be placed at the alarm valve,dry pipe valve,preaction valve,or deluge valve supplying the corresponding hydraulically designed area.The sign shall include the following information:(1)Location of the design area or areas(2)Discharge densities over the design area or areas(3)Required flow and residual pressure demand at the base of the riser(4)Occupancy classification or commodity classification and maximum permitted storage height and configuration(5)Hose stream allowance included in addition to the sprinkler demand(6)The name of the installing contractor ✓',@tl J,,0" --- _ _- Page 7 of 12 STATUS CODE DESCRIPTION 24.6- eneral signage The installing Luntractor shall provide a general information sign used to determine system design basis and information relevant to the inspection, testing,and maintenance requirements required by NFPA 25,Standard for the Inspection,Testing, and Maintenance of Water-Based Fire Protection Systems. 24.6.1.1 Such general information shall be provided with a permanently marked weatherproof metal or rigid plastic sign,secured with corrosion-resistant wire, chain,or other acceptable means.24.6.1.2 Such signs shall be placed at each system control riser,antifreeze loop.and auxiliary system control valve.24.6.2 The sign shall include the following information:(1)Name and location of the facility protected(2)Occupancy classification(3)Commodity classification(4) Presence of high-piled and/or rack storage(5)Maximum height of storage planned(6)Aisle width planned(7)Encapsulation of pallet loads(8)Presence of solid shelving(9)Flow test data(10)Presence of flammable/combustible liquids (11)Presence of hazardous materials(12)Presence of other special storage(13) Location of auxiliary drains and low point drains on dry pipe and preaction systems(14)Original results of main drain flow test(15)Name of installing contractor or designer(16)Indication of presence and location of antifreeze or other auxiliary systems N/A 315.3.1 -Ceiling clearance Storage shall be maintained 2 feet(610 mm)or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches(457 mm)below sprinkler head deflectors in sprinklered areas of buildings.Exception:Sidewall storage to a maximum depth of thirty(30)inches(seventy-six and two-tenths (76.2)centimeters)shall be acceptable to the ceiling in non-sprinklered buildings. N/A 506.1*-Where required Whenever the servicing fire department has instituted a key box emergency access system,a key box compatible with that system shall be installed in an accessible location if:(1)The building is protected with an automatic sprinkler system equipped with a local or transmitted water-flow alarm,or(2)The building is provided with any fire alarm system equipped with an outside audible/visual signaling device, or(3)The building is provided with any fire alarm system where the alarm is transmitted to an off-site location,or to the fire alarm center for the servicing fire department. N/A 506.1.1 -Locks An approved lock shall be installed on gates or similar barriers when required by the fire code official. Page 8 of 12 STATUS CODE DESCRIPTION N/A 509.1*- Identification Fir e on equips ent riall be identified in an approved manner.Normally closed + .. ms containing air handling equipment over 2,000 CFM.rooms containing a water heater or boiler over 400,000 BTU/HR input,sprinkler risers, sprinkler control valves,fire alarm control panels,smoke evacuation system control panels.or control panels for wet chemical,dry chemical,foam, carbon dioxide and clean agent systems shall be identified for the use of the servicing fire department.Approved signs required identifying fire protection equipment locations shall be constructed of durable materials,lettering shall be in contrast with the background and be permanently installed and readily visible. N/A 5303.5.2• Physical protection Compressed gas containers,cylinders,tanks and systems which could be exposed to physical damage shall be protected.Guard posts or other approved means shall be provided to protect compressed gas containers,cylinders,tanks and systems indoors and outdoors from vehicular damage and shall comply with Section 312. N/A 5303.5.3-Securing Compressed gas containers,cylinders and tanks shall be secured to prevent compressed gas containers, falling caused by contact,vibration or seismic activity.Securing of compressed cylinders and tanks gas containers,cylinders and tanks shall be by one of the following methods: 1. Securing containers,cylinders and tanks to a fixed object with one or more restraints. 2.Securing containers,cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks-3. Nesting of compressed gas containers,cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks,if dislodged, do not obstruct the required means of egress.4.Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use.Exception:Compressed gas containers,cylinders and tanks in the process of examination,filling,transport or servicing. N/A 605.3-Working space and A working space of not less than 30 inches(762 mm)in width,36 inches(914 mm) clearance in depth and 78 inches(1,981 mm)in height shall be provided in front of electrical service equipment.Where the electrical service equipment is wider than 30 inches(762 min),the working space shall be not less than the width of the equipment. No storage of ary materials shall be located within the designated working space-Exceptions: 1.Where other dimensions are required or allowed by NFPA 70.2.Access openings into attic or underfloor areas,which provide a minimum clear opening of 20 inches(509 mm)by 40 inches(1,016 mm). Page 9 of 12 STATUS CODE DESCRIPTION N/A 605.3.1 -Labeling Doors Into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording.The disconnecting means for each service,feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. • N/A 605.4-Multiplug adapters Multiplug adapters, such as cube adapters.unfused plug strips or any other device not complying with NFPA 70 shall be prohibited. N/A 605.4.2-Power supply Relocatable power taps shall be directly connected to a permanently installed receptacle. N/A 605.5-Extension cords Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures,extended through walls,ceilings or floors,or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact.Extension cords shall be used only with portable appliances. N/A 605.5.1*-Extension cords Extension cords shall be plugged directly into an approved receptacle,except for approved multiplug extension cords,shall serve only one portable appliance. N/A 605.6-Unapproved Open junction boxes and open-wiring splices shall be prohibited.Approved conditions covers shall be provided for all switch and electrical outlet boxes. Page 10 of 12 STATUS CODE DESCRIPTION 703.1 -Maintaining The required fire-resistance rating of fire-resistance-rated construction(including walls.firestops,shaft enclosures.partitions,smoke barriers,floors,fire-resistive coatings and sprayed fire-resistant materials applied to structural members and fire-resistant joint systems)shall be maintained.Such eiements shall be visually inspected by the owner annually and properly repaired, restored or replaced when damaged,altered, breached or penetrated.Where concealed,such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel,access door.ceiling tile or similar movable entry to the space. Openings made therein for the passage of pipes,electrical conduit,wires,ducts,air transfer openings and holes made for any reason shall be protected with approved methods capable of resisting the passage of smoke and fire.Openings through fire- resistance-rated assemblies shall be protected by selfor automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. N/A 703.2*-Opening Protectives Opening protectives shall be maintained in accordance with the rules of the commission.Where allowed by the fire code official,the application of field- applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed,or otherwise made inoperable. Fusible links shall be replaced promptly whenever fused or damaged, Fire door assemblies shall not be modified. N/A 901.6 Inspection,testing and Fire detection,alarm,and extinguishing systems,mechanical smoke exhaust maintenance systems,and smoke and heat vents shall be maintained in an operative condition at all times,and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected,tested and maintained or removed. N/A 904.4-Inspection and testing Automatic fire-extinguishing systems shall be inspected and tested in accordance with the provisions of this section prior to acceptance. fENERAL NOTES Jim Weinberg-01/13/2025 @ 11:31 Entire property to be razed with the exception of light blue pole building. Page 11 of 12 GENERAL NOTES Jim Weinberg-01/13/2025 @ 11:33 Once property is finished with demo and before business is open to public,a thorough fire inspection to be completed before occupancy will be given. Jim Weinberg-01/13/2025 @ 11:34 Yard hydrants to be inspected and proven operable prior to occupancy. REINSPECTION DATE 03/14/2025 CONTACT SIGNATURE Jason Grube 1/13/2025 Signed on:01/13/2025 @ 11:37 / INSPECTOR SIGNATURE Jim Weinberg Signed on:01/13/2025 @ 11:35 QUESTIONS AROUT YOUR INSPECTION? Jim Weinberg jweinber@southbendin.gov No phone number available „rr: 2 •15. Page 12 of 12 INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT N maw100 N.Senate Avenue • Indianapolis.IN 46204 4 erw.no�. ,d00)451-6027 • (317)232-8603 • =ax(317)233-6647 • www.idem.i>l.gav Mike Braun,G nz•onn NOTICE OF VIOLATION U.ia Certified.Wail## 7017 2400 0000 0747 4926 Jason Grube Manager&Registered Agent Circle Avenue Properties LLC 1495 North Wentzel Street Rochester, Indiana 46975 jasonca!rochesteriron.com Case No.: 2024-30484-H Pursuant to Indiana Code(-IC") 13-30-3-3, the Indiana Department of Environmental Management("IDEM") issues this Notice of Violation. Based on an investigation including an inspection conducted on August 12,2024, by an IDEM representative, IDEM has reason to believe Circle Avenue Properties LLC ("Respondent") violated environmental statutes and rules. The violations are based on the following: 1. Respondent is Circle Avenue Properties LLC, which owns property located in South Bend, St,Joseph County, Indiana with the following parcel numbers: 71-08-10-236-010.000-026 [Circle Avenue (no street#)]; 71-08-10-277-001.000-026 [1610 Circle Avenue]; 71-08-10- 277-003.000-026 [1628 West Circle Avenue]; 71-08-10-277-002.000-026 [1636 Circle Avenue]; 71-08-10-236-011.000-026 [1702 Circle Avenue]; 71-08-10-236-006.000-026 [1721 Circle Avenue]; 71-08-10-236-013-000-026 [1 804 Washington]. The above property, as specified by the parcel numbers, define the Site for this enforcement action. 2. 329 Indiana Administrative Code("IAC")3.1 incorporates certain federal hazardous waste management requirements found in 40 Code of Federal Regulations ("CFR") Parts 260 through 270 and Part 273, including those identified below. 3. Pursuant to 40 CFR 262.11(a),a person who generates a solid waste must determine if that waste is a hazardous waste at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has,or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change. As noted during the inspection, Respondent tailed to make a hazardous waste determination on the contents of numerous containers, listed below: a�; a vieit : `i or,can the QR code to provide feedback i, �: N'e.appre,e ue)our Lrp+ul =r` Cirtle Avenue Properties I.1.0 Case Vu:2024-30484-H South Bend.Sr.Joseph County Page 2 ut-I ADDRESS Location in or near Building ITEM 1610 Circle Avenue Basement 5-1 Leak Stop.One Jar Office Toilet Bowl Cleaner.Mulitple Bottles Attic Pyrethrin Based Roach Powder.Multiple Containers South Room,Near North Wall Paint Multiple 1-gallon Containers South Room,Near North Wall Paint Multiple containers[Aerosol and Lecture Bottles] Middle Room Partially Full 5-gallon Carboy Middle Room Unknown material.Multiple 1-gallon containers Middle Room Unknown liquid.2(size not specified)containers Middle Room Unknown material.2,5-gallon containers Middle of room Unknown liquid.2,1-gallon containers South room Approx.500-gallon Tank.Guage states 5/8full. South room,By 1-gallon containers in Photo 10 Tank,possibly a boiler.Unknown if it contains anything South room Tank Note: the 500-gallon tank, 5-gallon carboy, and multiple containers of paint were identified in the.Tanuar7'3, 2023 Violation Letter. In addition, Respondent failed to make a waste determination on the grey material, possibly associated with the smelting/refining rotary furnace, and releases identified in various locations at the Site, listed below: ADDRESS Location in or near Building ITEM 1610 Ci rcle Avenue Baghouse art southside Unknown grey material remains in silo Ground under baghouse silo Unknown greyish mall on ground/inside&mulitiple open containers Roof-Smelting/Refining Rotary Furnace Duct work Grey material Inside-Smelting/Refining Rotary Furnace floor Grey material Scrap metal pile South of Building. Grey Material.Smelting/Refining Rotary Furnace Ductwork South of Building. Ceiling tiles South of Building. Grey material on ground South of Building. Oil staining to concrete and ground Fenceline Northsideof Building Blue and black material on ground A more precise location of the containers and releases can be determined by the photographs in the August 12,2024 Referral to Land Enforcement/Violation Letter[VFC #83715020]. 4. Pursuant to IC 13-30-2-1(4), a person may not deposit or cause or allow the deposit of any contaminants or solid waste upon the land,except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board. As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of a solid waste/contaminant upon the land, in a method which has not been determined by the board to be acceptable. Specifically, including, but not limited to, grey material observed on the ground around the silo, bag house,and near the west side of the piles of demolition debris; ceiling tiles in the scrapyard; oily releases were observed on the concrete pad near the west side of one pile of demolition debris and near a piece of equipment on the east side of a long run of duct on the ground; and blue and black material was observed by the fence line along the north side of the Site. 5. Pursuant to 40 CFR 262.13, a generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. Circle Avenue Properties 1.f_C C'a4e No,:2024-30-1S4-H South Bend.St.Joseph County Page 3of4 Pursuant to 329 LAC 3.1-1-10, every hazardous waste generator, transporter. or owner or operator of a hazardous waste facility shall notify the commissioner of activities subject to this article on forms provided by the commissioner unless the activity is exempt from the notification requirements for hazardous waste generated in compliance with 329 LAC 3.1-7 • by a very small quantity generator. As noted during the inspection, Respondent failed to determine its generator category and failed to notify the commissioner of hazardous waste activities. Specifically, in December 2023 and January 2024, the facility shipped large quantity generator volumes of waste. 6. Pursuant to 40 CFR 262.41(a), a generator who is a large quantity generator for at least one month of an odd-numbered year(reporting year) who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must complete and submit EPA Form 8700-13 A/B to the Regional Administrator by March 1 of the following even- numbered year and must cover generator activities during the previous year. Pursuant to IC 13-22-4-3.1(c), a person that: (1) in any one(1) or more calendar months of a calendar year generates: (A) more than one thousand (1,000) kilograms of hazardous waste: (B) at least one(1)kilogram of acute hazardous waste: or (C) at least one hundred(100) kilograms of material from the cleanup spillage of acute hazardous waste; (2) accumulates at least six thousand(6,000) kilograms of hazardous waste or at least one (1) kilogram of acute hazardous waste; or (3) is a treatment, storage.or disposal facility: shall,before March 1 of each year, submit to the department either the biennial report required by the United States Environmental Protection Agency concerning the person's waste activities during the previous calendar year, or an annual report on forms provided by the department, containing no more than a compilation of information from the Uniform Hazardous Waste Manifest form described in section 1(a) of this chapter, that summarizes the person's hazardous waste shipments during the previous calendar year. As noted during the inspection, Respondent, as a large quantity generator in 2023, did not submit a biennial report by March 1 of 2024. 7. Pursuant to 40 CFR 268.7(a)(8), generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section • for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. As noted during the inspection, Respondent did not have copies of the land disposal restriction notifications for wastes shipped to EQ Detroit available for review. 8. Pursuant to 329 IAC 3.1-1-13, the commissioner shall require the use of identification numbers issued by the United States. Environmental Protection Agency (U.S. EPA). Pursuant to 40 CFR 262.20(a)(I), a generator that transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest Circle Avenue Properties[.(_C Case Vo,:2(J24-3O484-H South Bend.St.Joseph County Pave 4 of 4 (OMB Control number 2050-0039)on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A. Pursuant to [C 13-30-2-1(12). a person may not cause or allow the transportation of hazardous waste without a manifest if a manifest is required by law. As noted during the inspection, Respondent, upon becoming a large quantity generator, offered hazardous waste for transportation without an EPA identification number. Specifically, Respondent shipped hazardous waste on December 6, 2023 [approx. 13,808 pounds, Manifest 018850854FLE] and January 22, 2024 [approx. 20,433 pounds. Manifest 018850665FLE] without using an U.S. EPA Identification Number(ID number) in Box 1 of the manifests. In addition, hazardous waste was shipped on January 23, 2024 [67 pounds, Manifest 024855002JJK and 11 pounds, Manifest 024858328JJK],without using an U.S. EPA Identification Number(ID number) in Box 1 of the manifests. In accordance with IC 13-30-3-3, the Commissioner herein provides notice that violations may exist and offers an opportunity to enter into an Agreed Order providing for the actions required to correct the violations and, as necessary and appropriate, for the payment of a civil penalty. The Commissioner is not required to extend this offer for more than sixty(60)days. As provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order without admitting the violations occurred. IDEM encourages settlement by Agreed Order, thereby resulting in quicker correction of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result in a reduced civil penalty. Also, settlement discussions will allow Respondent the opportunity to present any mitigating factors that may be relevant to the violations. If an Agreed Order is not entered into within sixty (60) days of receipt of this Notice of Violation,the Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the actions that must be taken to correct the violations and requiring the payment of an appropriate civil penalty. Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to$25,000 per day for each violation. Please contact Linda McClure at(317)233-5954 or lmcelure(iiidem.IN.gov within fifteen (15) days of receipt of this Notice to discuss resolution of this matter. For the Commissioner: Date: January 13, 2025 joui. Lori Freeman, Chief Compliance Branch Office of Land Quality