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REGULAR MEETING FEBRUARY 10, 1975
<br />REGULAR MEETING - RECONVENED (CONTINUED)
<br />seconded by Councilman Kopczynski. The ordinance passed by a roll call vote of eight ayes
<br />(Councilmen Serge, Szymkowiak, Miller, Taylor, Kopczynski, Nemeth, Newburn and Parent) with
<br />Councilman Horvath absent. Councilman Kopczynski indicated that he would not support the city's
<br />current policy of 500 of new sewer construction until the present system had provisions made for
<br />repair.
<br />RESOLUTIONS
<br />RESOLUTION NO. 472 -75
<br />A RESOLUTION INDICATING INTENT TO JOIN
<br />WITH OTHER GENERAL PURPOSE UNITS OF
<br />LOCAL GOVERNMENT IN THE MICHIANA AREA
<br />TO DEVELOP AND IMPLEMENT A PLAN
<br />RESULTING IN A COORDINATED WASTE
<br />TREATMENT MANAGEMENT SYSTEM FOR THE
<br />MICHIANA AREA.
<br />WHEREAS, Amendments pursuant to Section 208 of the Federal Water Pollution Control
<br />Act of 1972, Public Law 92 -500, hereinafter called the Act, the Administrator of the
<br />United States Environmental Protection Agency (EPA) has promulgated guidelines for
<br />identification of those areas which, as a result of urban industrial concentration or
<br />other factors, have substantial water quality control problems (40 CHR, part 126); and
<br />WHEREAS, the Michiana Area (hereinafter called the Area) satisfies the criteria
<br />contained in the Act and guidelines and designation of the Area pursuant to Section 208
<br />and those guidelines is desirable; and
<br />WHEREAS, Section 126.10 of the guidelines requires, among other things, that- -;the
<br />affected general purpose units of local government in a problem area must show their
<br />intent to formally adopt a resolution to join together in the planning process, to
<br />develop and implement a plan which will result in a coordinated Waste Treatment
<br />Management System for the Area; and
<br />WHEREAS, such a planning process and Waste Treatment Management System are
<br />necessary as a significant measure to control present point and non -point water
<br />pollution and to guide and regulate future development for those in the area which
<br />may affect water quality, in order to prevent, abate and solve existing and potential
<br />substantial water quality control problems.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend:
<br />SECTION I. That the Common Council, recognizing that the Area has substantial
<br />water quality problems, supports the designation of the Area pursuant to Section 208
<br />and the EPA guidelines.
<br />SECTION II. That the Common Council intends to join with other affected general
<br />purpose units of local government within the boundaries of the Area to develop and
<br />implement a plan which will result in a coordinated waste treatment management system
<br />for the Area.
<br />SECTION III. That, inasmuch as the Michiana Area Council of Governments is a
<br />single representative organization with elected officials from local governments and is
<br />capable of developing effective areawide waste treatment management plans for the Area,
<br />the Common Council supports the designation of the Michiana Area Council of Governments
<br />as the planning agency for the Area.
<br />SECTION IV. That all proposals for grants for construction of publicly -owned
<br />treatment works within the boundaries of the designated area will be consistent with
<br />the approved plan and will be made only by the management agency or agencies as
<br />included in the mutually adopted plan.
<br />SECTION V. That this resolution shall be in full force and effect from and after
<br />its adoption by the Common Council and approval by the Mayor.
<br />s/ Roger 0. Parent
<br />Member of the Common Council
<br />A public hearing was held at this time on the resolution. Mr. Thomas Byers, Senior Regional
<br />Planner for the Michiana Area Council of Governments, explained that MACOG was seeking the
<br />Council's support for designation of the Michiana Area, pursuant to Section 208 of the Federal
<br />Water Pollution Control Act of 1972 and the Environmental Protection Agency's guidelines which,
<br />as a result of urban industrial concentration or other factors, has substantial water quality
<br />control problems. He stated that he was also seeking the Council's support of the designation of
<br />MACOG as the planning agency for the area. He stressed that MACOG would not be taking over the
<br />wastewater treatment plant operation of the city., Likewise, the local zoning and land -use powers
<br />would not be turned over to MACOG. Councilman Taylor wondered how the study would benefit South
<br />Bend. Mr. Byers mentioned the non -point uses as water runoff, septic tanks, etc. He indicated
<br />that, in the future, these matters could be a concern to the city. Councilman Taylor talked about
<br />Congress and legislation in the future for annexed areas. He wondered if the study could perhaps
<br />give emphasis to Congress concerning this problem. Mr. Byers indicated that he hoped so; however,
<br />he did not want to anticipate what Congress would do in the future. He indicated that funding of
<br />the program would be 100% by the federal government. Councilman Miller wondered if this related
<br />to the 100 -year flood plain studies. He mentioned the Roseland area. Mr. Rollin Farrand, Directc
<br />of the Department of Public Works, indicated that Roseland was a separate problem and, in the
<br />future, the Area Plan Commission would be consulting with the Council regarding that matter.
<br />Councilman Miller was hopeful that this would make the city eligible for federal funding in the
<br />future. He wondered if this had to be done on a regional basis, and Mr. Byers indicated that the
<br />program was mandatory in the area where substantial water quality problems exist. If this was not
<br />done now and, in the future, the Environmental Protection Agency determined there was a problem,
<br />the state or federal government would have to resolve the problem. Councilman Miller wondered if
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