(A) A charge of $200 per permit shall be assessed for the Department’s issuance thereof for each fuel burning unit, combustion unit, incineration unit, process unit, air pollution control unit, storage tank for petroleum products or volatile products per unit or tank or other such equipment, except as provided below.
(B) (1) However, any industrial furnace or industrial blower that burns hazardous waste as a fuel or is burned for the purpose of destruction shall be required to pay an annual operation permit fee of $44,000, for calendar year 1992, to cover the cost of monitoring (35 hours per week) the operation by an engineer employed by the Hammond Department of Environmental Management.
(2) The operation permit fee shall cover the cost of a full-time degreed engineer (B.S.) along with those fringe benefits to which Civil City of Hammond employees are entitled. Further, the operation permit fee shall also include all other costs associated with the daily monitoring of the industrial furnace or boiler such as, but not limited to mileage, safety equipment, training and the like.
(3) The operation permit fee, in subsequent years, shall be determined by those costs itemized as part of the Hammond Department of Environmental Management Budget, which shall be submitted by the Hammond Department of Environmental Management to the Mayor and approved by the Hammond City Council for each calendar budget period. The subsequent annual operation permit fee shall cover the cost of an engineer’s salary, fringe benefits and other specific costs related to the monitoring of the industrial furnace or boiler that burns hazardous waste as a fuel or is burned for the purpose of destruction.
(C) (1) Any engineer hired pursuant to the provisions of division (B) shall sign the following restrictive covenant agreement for the benefit of both the City Department of Environmental Management and any permit holder so as to protect the confidential information, trade secrets and marketing data of the permit holder: “In consideration of the confidential information and trade secrets and marketing the information and knowledge that I will obtain as an employee of the Hammond Department of Environmental Management regarding the business affairs, trade secrets and marketing activities of any Permit Holder, I do hereby agree to maintain same in strict confidence and I shall not enter into any employment or with any business which is competitive to any Permit Holder to which I am assigned and I will not seek or accept employment with any business, whether a proprietorship, partnership or corporation, operating as an industrial furnace or industrial boiler that burns hazardous waste as a fuel or for purposes of destruction and this Restrictive Covenant shall apply for a period of three (3) years from the date of termination of my employment with the Hammond Department of Environmental Management and shall geographically include any business or employment based or located within a Five Hundred (500) mile radius of the boundary of the City of Hammond, Indiana or any city or county in the United States in which the Permit Holder shall have a plant or business operation involving an industrial furnace or industrial boiler that burns hazardous waste of for purpose of destruction. This Restrictive Covenant is executed as part of my employment agreement with the Hammond Department of Environmental Management and shall be enforceable by the Hammond Department of Environmental Management or any Permit Holder to whom I am assigned and shall remain a condition of my employment and an obligation and covenant not to work for, own or operate a competing business and as heretofore set forth and defined after termination of my employment with the Hammond Department of Environmental Management.”
(D) Any permit holder subject to the provisions of division (B) above shall be furnished with copies of all time records and inspection reports prepared by the monitoring engineer and shall receive in advance any reports submitted to the Indiana Department of Environmental Management - Office of Air Management or any other governmental agency.
(Prior Code, § 90.066) (Ord. 3522, passed 1-23-1967; Am. Ord. 4128, passed 9-8-1975; Am. Ord. 4621, passed 6-23-1980; Am. Ord. 7442, passed 12-9-1991)