Elkhart Board fines three industrial users, tables two mercury cases after sampling concerns
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Summary
The board found multiple industrial wastewater permit holders in violation and assessed penalties; two mercury exceedance cases were tabled while staff and utilities coordinate resampling and investigation.
The City of Elkhart Board of Public Works on 2025-10-07 found several industrial wastewater permittees in violation of discharge rules and assessed fines, while tabling two low-concentration mercury exceedance cases pending further sampling and analysis.
Why it matters: Industrial wastewater violations can indicate potential public-health or infrastructure risks, trigger enforcement actions under the city’s enforcement response plan and, in the case of certain pollutants such as hydrogen sulfide (H2S) or mercury, risk accelerated damage to sewer infrastructure or downstream water quality.
The board voted to find Dimensional Metals Products (d/b/a RC Industries) in violation for failing to conduct required self-monitoring and for failing to submit an industrial user process report by the deadline. Steve Brown, public works, said the company missed twice-yearly sampling and July 25 report submission; the enforcement response plan recommended a total penalty of $1,150 ($900 for missing required sampling of nine parameters and $250 for late report). Bruce Carpenter, maintenance manager for RC Industries, told the board: “I can only apologize for our mistake… it is a personnel change. I failed. And, unfortunately, after many, many, many years of compliance and on time, I failed.” The board assessed the $1,150 penalty.
Bimbo Bakeries was also found in violation for failing to conduct monthly self-monitoring for required parameters and for not submitting the semiannual process report; staff recommended a $650 penalty for missing sampling and the report, and the board approved that penalty.
The board found JBS Prepared Foods in violation for a pH discharge below the permitted minimum (reported self-monitoring showed 4.94, below the 5.0 threshold). Under the enforcement response plan the recommended penalty was $250; the board approved the penalty.
Simonton Lake Conservancy District was found in violation for exceeding its H2S limit; staff reported a maximum concentration of 75 parts per million, exceeding the allowable 50 ppm. Steve Brown said the enforcement response plan recommended a $1,750 penalty (this was the facility’s second violation within 12 months). Steven Grubb of Midwest Contract Operations, representing Simonton Lake, described a likely operational cause tied to high flows over a holiday weekend and said the district is consulting vendors on chemical and mechanical remedies to neutralize or remove H2S. The board voted to assess the $1,750 penalty.
Two separate mercury exceedance matters prompted prolonged discussion and were put on hold for further sampling and analysis: - Antua Township Sewer District: Staff reported an ultra-low-level mercury exceedance (sample taken July 9 showed 39% over the newly adopted ultra-low limit). Representatives from the township urged resampling and split-sample testing and asked the board to table enforcement while the utilities coordinate resampling and confirm results. Staff confirmed they had resampled and received results back in compliance; the board voted to table action and directed staff to coordinate paired sampling with Antua and to report back. - Gaminehart (permit 2025-03): A mercury exceedance sample led to an initial motion to assess a $500 penalty. David Pirtle, president and CEO of Gaminehart, said the facility does not process mercury-containing operations now, described ongoing access and line-blockage issues at a nearby manhole and asked for resampling and further investigation before assessing a fine. The board agreed to table this item as staff and the company coordinate additional sampling and line inspections.
Steve Brown told the board many of the low-level mercury exceedances are difficult to trace because the analytical levels are extremely small; he described past incidents where tiny quantities (fractions of a teaspoon) caused exceedances and stressed the need to identify sources before escalating enforcement. Board members asked staff to coordinate split-sample collection (simultaneous samples sent to different labs) and to consider televising lines to check for blockage or cross-connections where appropriate.
Ending: Staff will coordinate follow-up sampling and line inspections, and the board requested updates at a future meeting before further enforcement action on the tabled mercury cases.
