(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OFF-SITE SOLID WASTE. Any liquid, solid, or sludge, not generated on the grounds of a facility, which is treated and subsequently discharged to a POTW or transported to another facility or to a landfill, including the following:
(a) Greases as defined by 327 I.A.C. § 7.1-2-16;
(b) Used oils;
(c) Industrial wastewaters and sludges;
(d) Non-hazardous industrial and commercial wastes; and
(e) Contaminated soil.
PERSON. An individual, a partnership, a copartnership, a firm, a company, a corporation, an
association, an unincorporated association, a business enterprise, a joint stock company, a limited liability company, a trust, an estate, a contractor, or any other legal entity, or their legal representative, agent, or assigns.
STORAGE. The accumulation of off-site solid waste prior to or after treatment or accumulated for transport off-site.
TREATMENT. Any of the following activities: solidification, filtration, separation, precipitation, pH adjustment, de-watering, thermal treatment, and chemical treatment. TREATMENT shall not include recycling or reclamation of materials from waste products other than the treatment of used oil. TREATMENT shall not include the processing of sewage by a publicly-owned treatment works (POTW).
(B) (1) Any person, excluding municipal corporations, involved in the treatment of off-site solid waste or permitted by the Indiana Department of Environmental Management to store or treat grease, fats, or retained wastes from traps or interceptors under the authority of 327 I.A.C. § 7.1, shall be required to pay an annual environmental monitoring fee of $75,000 for calendar year 2006 for salary and fringe benefits, training (required under Title 29 C.F.R. § 1910.120), safety equipment, medical baseline physical, and mileage for a degreed engineer to monitor the facility, plant or company, for compliance with this code, and perform any other duties under the jurisdiction of the Hammond Department of Environmental Management.
(2) The annual environmental monitoring fee, in subsequent calendar years shall be determined by those personnel and fringe benefit, training, safety equipment, and medical baseline physical 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 City Council for each subsequent calendar budget period. In no case shall any proposed or budgeted salary or fringe benefit increase in any subsequent annual local operation permit fee be greater than the annual percentage increase awarded to other comparable employees in the Hammond Department of Environmental Management.
(3) The activities of the monitoring engineer may be conducted on the premises of the industrial facility, plant or equipment which are subject to this section, but such monitoring shall be:
(a) Performed with or without a representative of the owner or operator of the industrial facility, plant or equipment.
(b) Performed only after the owner or operator has received verification that the monitoring engineer has received the training required under Title 29 C.F.R. § 1910.120, a baseline medical physical, and personal protective equipment necessary to perform his or her duties.
(c) In compliance with all reasonable facility policies and procedures, which do not conflict with governing Indiana law or federal law, relating to site security and safety. The person subject to this section shall not adopt and/or alter its policies and procedures to preclude the inspector from carrying out the intent of this section.
(4) The annual monitoring fee established by this section shall be effective on January 1, 2006 or after its passage and approval by the Council, signing by the President thereof, approval by the Mayor and publication as required by law. If this section becomes effective after January 1, 2006, then the salary and fringe benefit portion of the fee shall be prorated accordingly. The training, safety equipment, medical baseline physical and mileage portion of the fee shall not be prorated.
(Prior Code, § 102.46) (Ord. 8217, passed 11-15-1999; Am. Ord. 8794, passed 10-2-2006) Penalty, see § 102.999