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REGULAR MEETING <br />RESOLUTION NO. t3iq" <br />FEBRUARY 10, 2014 <br />A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, GRANTING <br />PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE <br />AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH <br />BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF <br />THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br />(EPA) <br />WHEREAS, the South Bend Common Council substantially revised and <br />amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No. <br />10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published <br />in 2007 by the federal Environmental Protection Agency (EPA); and <br />WHEREAS, in accordance with EPA requirements, the City of South Bend has <br />performed an evaluation of its limitations on chemical pollutants to determine if they adequately <br />protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA <br />review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17, <br />Article 2, Division 3 of the South Bend Municipal Code are necessary; and <br />WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of <br />the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in <br />pollution limitations, and certain minor changes; and <br />WHEREAS, the EPA has the power of final review and approval of any local <br />government law or ordinance which incorporates the requirements of the federal Clean Water <br />Act, 33 United States Code Section 1251 of seq., and the Clean Water Act's General <br />Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Pan 403, but the EPA <br />will not give its final approval until such an ordinance is approved by the City's legislative body; <br />and <br />WHEREAS, the Common Council of the City is the legislative body of the City <br />of South Bend and now desires to preliminarily approve the proposed ordinance in order to <br />permit the EPA to proceed with its own approval process including a period of 30 days for public <br />comment, after which the Common Council will formally enact the attached ordinance; <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City <br />of South Bend, Indiana, as follows: <br />1. The proposed ordinance amending Chapter 17, Article 2, Division 3 of the <br />South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily. <br />23 <br />