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Home My WebLink AboutAmending Chapter 16 to Prohibit Plastic Bags for Yard WasteORDINANCE No. [ o170-13 Passed by the Common Council of the City of South Bend, Indiana Attest: 20 1 -J JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana G�j ur, 6 20 13 JOHN Approved and signed by me Al CV f 1v- B 0Z l Z 20 13 City Clerk President of Common Council City Clerk Stiab�:titute Bill No. 19 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non - organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (f) and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. It further provides citizens with the opportunity to rent a 95 gallon yard waste container from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bags for collection Such yard waste shall be placed in tffE ' "1"' �'" '' "b " ` " paper or other biodegradable bags, or in other containers either furnished by the owner occupant or lessee or leased fr om the Citv or neatly deposited in the tree lawn and shall be segregated from the trash or garbage. Anv yard waste set out for collection in any manner other than in a container leased from the City shall be limited to a maximum of thirty five (351 pounds per container :Tree limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty eight (48) inches or less. Tree limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 4, Section 16 -8 shall be and hereby is amended to add a new subsection (g) to read in its entirety as follows: (g) The owner, occupant or lessee of any single - family, two-family, three-family and four - family dwelling may lease from the City a yard waste container with capacity for ninety -five (95) gallons of yard waste The lease rate shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall be responsible for the replacement of the container at actual cost. If a leased yard waste container is lost or stolen the City shall replace such container at its cost only once per calendar year. Section III. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: See.16 -27. Policy regarding disposal of yard waste. It is hereby stated as the policy and law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City's Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works. No yard waste materials will be accepted from outside the incorporated limits of the City of South Bend Indiana. Section IV. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co- mingled with trash and garbage. Yard waste may shall not be delivered to the Organic Resource Facility in plastic bags, or in loose nditie " previded, hewever tha. All brush and tree limbs shall be cut in lengths not to exceed forty -eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful manner. Section V. This Ordinance shall be in full force and effect on January 1, 2014 conditioned upon adoption by the Council and approval by the Mayor. CG aaC.& Member, South Bend Common Council Attest: 7 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the IZA day of J-t �i , 2 O 0 , at l C 11 o'clock 6( . m. City C rk " 0" Approved and signed by me on the l Z day of H0 V f`-I9 F,4 , 20! 3 at o'clock . m. 1 st READING to 13 PUBLIC HEARING 1 3 Q.S AA 3rd READING 1t_1L..t} NOT APPROVED REFERRED 1 PASSED 1-11 13 as .A led in Clerk's LI L 2013 SOT` CITY CLRRY" St3137t. ,a NO, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as amended by the following: (f) after (35) pounds add per container. (g) at end of paragraph add: If a leased yard waste container is lost or stolen the City shall replace such container at its cost only once per calendar year. This bill was heard by the Utilities Committee Karen L. White Chairperson, Committee of the Whole CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director September 3, 2013 Mr. Derek Dieter President South Bend Common Council Ms. Valerie Schey Chairman of the Utilities Committee South Bend Common Council In Re: Revision to Chapter 16 (Refuse), Articles 2 and 4 Dear President Dieter and Utilities Committee Chairman Schey, The attached ordinance is offered for Council consideration. Chapter 16 of the City of South Bend Municipal Code, which regulates yard waste management in the City, is being revised. The purpose of the revision is to prohibit yard waste from being collected and delivered to the Organic Resources Facility (ORF) in plastic bags, as required by solid waste regulations in the State of Indiana. The ORF is permitted to process vegetative waste only, and cannot accept or store non compostable materials. This revision will allow the ORF to manage and process vegetative waste in accordance with Indiana Department of Environmental Management (IDEM) rules and regulations. The ORF was recently inspected by the IDEM Office of Solid Waste and violations were noted related to the acceptance and storage of plastic bags and other non compostable materials. I will make the formal presentation to the Council and will be available should you have any questions. I can be reached at 574 - 271 -4210 or at agreek @southbendin.gov. Is Spo Sincerely, Al Greek Division Director— Environmental Services CC: Pete Buttigieg, Mayor Matt Sikora, Director of Special Projects Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works Mark Neal, Controller Andre Price, Manager of Solid Waste Operations Filed In Ci6',g Off-ice E SEP ° 3 ZQ13 ?i V ' OkwE CITY CLERK, SOUTH BEND, IN