HomeMy WebLinkAbout04-14-2025 Scrap Metal Dealer DenialScrap Metal Dealer Denial
U.S. Scrag & Recycling LLC
i.610 Circle Ave.
April 14, 2025
City of South Bend
Indiana
For Scrap Metal Dealers, Section 4-51(c) requires a resolution from the
Common Council to approve:
1. the issuance of a license for conducting a business, and
2. the maintenance and operation of said business.
Scrap Metal Dealer Application Process:
1. Application submitted to Business License Administrator
("Administrator")
2. Departmental reviews conducted, including the Police Department,
the Fire Prevention Bureau, and Neighborhood Services and
Enforcement, as well as Zoning
3. Administrator presents recommendation to Council for resolution
City of South Bend
Indiana
- 1610 Circle Ave. has environmental and
hazardous waste violations under federal and
state law.
- Actions of U.S. Scrap & Recycling LLC violate
the applicable City ordinances and have
endangered the public.
Their license renewal
denied.
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application should be
- The Indiana Department of Environmental Management ("IDEM") carried out
site inspections and made determinations that violations of environmental
management laws and rules exist.
- IDEM discovered violations in 2024, following a hearing where the City was
required to reinstate the applicable business license.
In accordance with IC 13-30-3-3, the IDEM Commissioner provided notice that
violations exist on the 1610 Circle Ave. property.
Most recent formal notice is dated January 14, 2025.
- The violations are based on State statute, which incorporates the 329
Indiana Administrative Code ("IAC") 3.1.
The IAC further incorporates federal hazardous waste management
requirements from the Code of Federal Regulations.
City of South Bend
Indiana
Violations:
- Failed to make a waste determination on the certain
material, possibly associated with the smelting/refining
rotary furnace, and releases identified in various
locations at the site, and contents of numerous
containers;
- Shipped large quantity volumes of waste without notice
to IDEM and without EPA documentation.
- Deposited solid waste/contaminant(s) upon the land in
an unacceptable method;
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- Approximately May of 2024, U.S. Scrap began demolition work on
the property.
August 6, 2024 Revocation of License Hearing:
U.S. Scrap presented testimony that they were working in
cooperation with IDEM.
August 12, 2024 notice indicates that IDEM did not receive notice
of hazardous waste transport.
- Despite their representations of cooperation with IDEM, 1610
Circle Ave. has been conducting activities since August that violate
the same applicable laws, and has endangered the public.
Administrator recommends denial of license pursuant to the following ordinances:
1. Section 4-6 says every licensee is required to:
"(4) Conduct the business in such a manner as not to create a nuisance or
hazard to the public."
2. Section 4-16 provides separately that licenses can be refused/revoked/suspended if
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."
3. Section 4-51(I)(1) 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."
City of South Band
Indiana
Based on:
- Section 4-51(I)(1) 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 Cite."
- Section 4-51(f)(1) says that the Council:
"shall consider the effect or appropriateness of a scrap
or junkyard upon the surrounding area..."
- 1610 Circle Ave. has
hazardous waste violations
state law.
- Actions of U.S. Scrap &
violated the applicable
endangered the public.
environmental and
under federal and
Recycling LLC have
ordinances and
- Recommendation: Scrap metal license renewal
application should be denied.
City of South Bend
Indiana