HomeMy WebLinkAboutRegulating the Public Disposal Garbage and Rubbish within the Corporate Limits of the City of South BendORDINANCE No. 4845 -66
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
Clerk
of Common Council
Clerk
IDEAL PRESS
FILED IN CLERK'S OFFICE
APR 1 1 19n,
KATHRYN L. BLOUGH
CRY CLERK, SOUTH BEND, 1ND.
ORDINANCE NO, ,,Q,,s_ 6
AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF
GARBAGE AND RUBBISH ON ANY LAND WHICH IS SITUATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF
SOUTH BEND, INDIANA, REQUIRING PERMITS AND LICENSES
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ,
INDIANA:
SECTION I. PURPOSES:
WHEREAS, there now does not exist in the City of South Bend, Indiana,
sufficient regulation_ of the public disposal of garbage and rubbish
and,
WHEREAS, the proper regulation and disposal of garbage and refuse
Affects the public health, morals and welfare, it is hereby
determined that an Ordinance regulating the same be adopted.
SECTION II. DEFINITIONS:
The following definitions shall apply in the interpretation and
enforcement of this Ordinance.
(a) Board of Health The term "Board of Health" shall mean the
St. Joseph County Board of Health.
(b) Health Department "Health Department" shall mean the St.Joseph
County Health Department.
(c) Health Officer The term "Health Officer" shall mean the Health
Officer of the St. Joseph County Health Department and /or his
authorized representatives.
(d) Person The term 11Person" shall include cities, villages,
townships, counties, and other governmental agencies, corporations
and both municipal and private associations, partnerships,
individuals and authorities.
(e) Ground Water The term "Ground Water" shall mean any supply
of water beneath the undisturbed surface of the earth in any
natural geologic formation.
(f) Surface Water "Surface Water" shall mean any body of water
whose top surface is exposed to daylight including flowing bodies
as well as ponds and lakes.
(g) Garbage "Garbage" shall mean rejected food wastes and shall
include every waste accumulation of animal, fruit or vegetable
matter used or intended for food or that attend the preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruit,
or vegetable.
(h) Rubbish "Rubbish" shall be construed to mean solid wastes
including incinerator ashes, paper, cardboard, tin cans, yard
clippings, wood, glass, bedding,crockery, metals, and similar
materials or litter of any kind.
(i) Refuse "Refuse" shall mean garbage, rubbish or any combination
thereof.
(j) Sanitary Landfill "Sanitary Landfill1° is a controlled method
of refuse disposal providing compaction and covering daily of the
refuse.
(k) Incineration "Incineration" is a process of reducing combus-
tible wastes to inert residue by high temperature burning.
SECTION III. PERMITS AND FEES
(a) Uncontrolled Dumping The "Uncontrolled Dumping" or placing
of refuse on the ground is hereby declared a nuisance, hazardous
to the health and well -being of the residents of the City of
South Bend, Indiana.
ordinance,
(b) As Of -date of passage of this /, it shall be unlawful for any
person who does not possess an unrevoked permit from the County
Health Department to accept refuse for disposal or operate a refuse
disposal site for any purpose.
The County Health Department shall issue permits to applicants,
provided that such permits be limited to persons having properly
zoned land for use which has been approved by the Board of Public
Works and Safety, and the Board of Zoning Appeals of the City of
South Bend, Indiana and equipment and personnel to dispose of
refuse in accordance with the provisions of this ordinance.
The Board of Zoning Appeals shall refer all requests to the Area
Plan Commission for their study and recommendation.
(c) Every person desiring to accept refuse or operate a refuse
disposal site for any purpose shall make written application to the
County Health Department on forms provided by that office. In-
formation necessary shall include, in writing, the name and address
of the applicant, a description of said disposal area, location of
the site, description of equipment to be used, and a description of
the method of disposal to be employed and such other pertinent in-
formation as may be required by the Health Officer. Upon approval
of such application, the County Health Department shall issue a
permit to the applicant.
(d) No fee shall be charged for the license issued for any State,
County, Municipally - -- -owned and operated public refuse disposal
site. All other shall pay a license fee of $100.00 to the City
of South Bend upon permit approval by the Health Officer.
(e) A permit issued under this Ordinance shall expire on December
31 of each year. Perm*_:: shall be issued annually in the same
manner as provided for under Section It& The annual license
renewal fee shall be $50.00. 3 -C
(f) Businesses or persons who receive or obtain refuse in com-
bination with materials to be salvaged must comply with the pro-
visions of this Ordinance exce--- that refuse not containing
garbage may be separated from s_�lvagable material provided that
the refuse must be removed to an approved refuse disposal site
within 24 hours after its receipt. Burning of refuse to free
salvagable materials shall not be permitted except in an incin-
erator and on a site approved by the Health Officer and the Board
of Public Works and Safety. Special burning in open areas may
be arranged for at the discretion of the Health Officer and the
Board of Public Works and Safety.
SECTION IV. INSPECTION OF PUBLIC DISPOSAL SITES AND OPERATIONS
(a) At least once each month, the health officer shall inspect
each refuse disposal site located within South Bend, Indiana. In
case the health officer discovers a violation of any item of
sanitation pertinent to the p_ovicions of this ordinance, he shall
make a second inspection after the lapse of such time as he deems
necessary for the defect to be remedied, and the second inspection
shall be used in determining compliance with the terms of this
Ordinance. Any violation of the same item of the Ordinance on
such second inspection, shall be cause for suspension or revoca-
tion of permit. /I
One copy of the Health Officer's inspection report, on which
violations of any item of sanitation pertinent to the provisions
of this Ordinance shall be inscribed, shall be left at the refuse
disposal site by the Health Officer. Another copy of the afore
mentioned inspection shall be filed by the Health Officer with the
records of the Health Department.
The person operating the disposal site shall, upon request of the
Health Officer, permit access to all parts of the grounds by said
Health Officer and shall permit him to copy any and all records
pertaining to the sources of refuse transported thereto for
disposal.
SECTION V. SANITARY LANDFILL OPERATION
(a) When the permit application for accepting refuse or operating
a refuse disposal system as required under Section .{ —'=i (e) is for
a sanitary landfill system, a topographic map or maps of the
proposed disposal site and surrounding area within 800 feet of
the site as prepared by an engineer registered in Indiana, at a
scale of not over 100 feet to the inch with 2 feet contour intervals,
shall be submitted with the initial application and for any, major
— proposed changes in the operation. This map shall also include
fencing, drainage provisions, adjacent property and road grades and
final grade of area. Where necessary to facilitate a propar
evaluation of the proposed operation, the topographic maps shall
be supplemented by detailed plans and specifications and
engineering studies. The maps and supplementary documents des-
cribed herein under Section V (a) shall be subject to review and
approval by the Indiana State Board of Health.
(b) The area selected for the disposal of refuse shall be con-
trolled by established 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.
(c) Adequate supervision shall be provided during the operational
hours established under SectionV AOX (b)
(d) Suitable sanitary facilities shall be provided for employees
where operations continue for four -hour periods or longer per day.
(e) All material delivered to the site shall be compacted and
covered with six inches of earth at the close of each working day.
Final cover when establishing grade shall consist of at least two
feet of compacted earth. The earth cover material shall be inert
and relatively free of organic matter, tree roots, branches, stone
more than 6 inches in diameter, bulky building materials, and have
a low clay content.
(f) 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.
(g) Fills exceeding a six foot lift shall require special approval
from the health officer.
(h) 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 underground waters where such pollution shall be
deemed by the health officer as a hazard to the public health.
(i) The finished area shall be sloped to provide drainage and be
seeded to preve n t erosion. Said area surface shall be maintained for
a period of two years after being completed to correct any erosion
or settling that may develop.
(j) 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.
(k) 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 200 feet
from any private water supply and the location of any landfill
within 800 feet of a public water supply is prohibited unless
otherwise approved by the Health Department _
Sanitary landfills shall not be established within 300 feet of any
industrial or commercial building nor within 600 feet of any
dwelling place except upon special permission and review of the
County Health Department, appropriate Plan Commission and /or Board
of Zoning Appeals.
(1) Access roads shall be designed and maintained so that ttaffic
to the disposal site will flow smoothly and will not be interrupted
by ordinary inclement weather.
(m) Scavenging will 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
his operational standards.
(n) 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.
(o) Burning shall not be permitted in the disposal area, and
provisions shall be made to control fires should any develop.
Special burning may be arranged for at the discretion of the Health
Officer and the Board of Public Works and Safety.
(p) If in the opinion of the Health Officer, an insect and /or
rodent problem exists, he may require that the operator institute
a baiting and /or insecticide spraying program.
(q) Dangerous materials such as poisons, acids, caustics, and
explosives shall not be deposited on the grounds without special
permission of the Health Officer. Other materials may be ex-
cluded by the landfill operator.
SECTION VI. INCINERATION
(a) The operation and site of any incinerator exceeding a
capacity of 800 lb /hr. shall be approved by the Health Department,
Board of Public Works and Safety, and the Board of Zoning Appeals
of the City of South Bend, Indiana. The Board of Zoning Appeals
shall refer all requests to the Area Plan Commission for study
and recommendation.
(b) Plans and specifications for any incinerator exceeding a
capacity of 800 lb /hr. shall be prepared by an engineer registered
in the State of Indiana, and such plans and specifications must
be approved by the Indiana State Board of Health, and the Health
Department.
(c) A permit and license shall be required to operate an incinerator
which exceeds a capacity of 800 lb /hr. The permit fee shall be +.
$100.00. The annual license fee shall be $5.00 per 100 lb /hr.
capacity of the incinerator.
(d) It shall be unlawful for any person owning or in charge of a
fuel burning, combustion or process equipment or device, or
portable boiler, or open fire used for the purpose of refuse
disposal to cause, suffer, or allow the emission or discharge of
smoke or particulate matter from any single such source into the
atmosphere in such quantities as in the discretion of the Health
Officer, would contribute to a pbblic nuisance or hazard to the
public health.
SECTION VII. GARBAGE GRINDING.
(a) Nothing in the previous sections shall be construed to prevent
the disposal of garbage by private or municipal garbage grinders
provided that collection, treatment and final disposal methods are
adequate.
(b) The operation and site of any garbage grinder with a capacity
of 800 lb /hr, shall be approved by the Health Department, Board of
Public Works and Safety and the Board of Zoning Appeals of
South Bend, Indiana. The Board of Zoning Appeals shall refer all
requests to the Area Plan Commission for study and recommendation.
SECTION VIII. OTHER METHODS.
(a) Refuse may be disposed of by other methods specifically
approved by the Health Officer and Board of Public Works and
Safety.
(b) Where only inert refuse is disposed of by a firm or individual
on his own property, the Health Officer may issue a permit with
approval of the Board of Works and Safety for disposal of same
upon a reasonable, but not necessarily full, compliance with the
operational standards set forth in Section •V provided however,
that such disposal shall be performed in such a manner as not to
create a nuisance or haza4d to the public health.
SECTION IX. PENALTIES.
(a) Any person violating any provisions of this Ordinance shall
upon conviction be deemed guilty of a misdemeanor and punished
by a fine of not more than $100.00 to which may be added imprison-
ment for any determinate period not to exceed 30 days, and each
day after the expiration of the time limit for abating unsanitary
conditions as ordered by the County Board of Health, or by the
duly appointed Health Officer of the county, shall constitute a
distinct and separate offense.
SECTION X. UNCONSTITUTIONALITY CLAUSE.
(a) Should any section, paragraph, sentence, clause or phrase of
this Ordinance be declared unconstitutional, or invalid for any
reason, the remainder of said Ordinance shall not be affected
thereby.
SECTION XI. REPEAL AND DATE OF EFFECT.
All Ordinances and parts of Ordinances in conflict with this
Ordinance are hereby repealed, and this Ordinance shall be in full
force and effect immediately upon its adoption by the Common
Council, signing by the Mayor and legal publication.
� L /'� Y11,12 -
rer of the Common Council.
Is; & 2nd P,EADINs 4 -11 -66
W,','rBTTEE Of THE WWLi 4 -25 -66
PU8! IO HEARING 4 -25 -66
3rd READM 4 -25 -66
NOT WADVED
REFERRED
PASSED 4 -25 -66
April 25, 1966
fdAlttri dur Rt;tl Y1
Xv t#t (famm u (low ad of Ilse (dilg of 0=0 fiend:
Your Committee of the Whole
to whom was referred "AN ORDINANCE REGULATING THE PUBLIC DISPOSAL OF GARBAGE AND
RUBBISH ON ANY LAND WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY
OF SOUTH BEND, INDIANA, REQUIRING PERMITS AND LICENSES AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF"
Respectfully report that they have examined the matter and that in their opinion The Ordinance go to the
Council as favorable. As amended.
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