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Council updates local wastewater pollutant limits after state and EPA review; ordinance passes 8–0

5446583 · February 10, 2025
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Summary

The council voted unanimously to amend City ordinance 57‑46 to update local pollutant discharge limits as required by the U.S. EPA and Indiana Department of Environmental Management. City staff said the changes reflect monitoring data, plant upgrades and updated discharge limits and are not expected to impose new costs on industries or taxpayers.

The Elkhart Common Council on March 3 adopted an amendment to the city’s sewer ordinance to update local pollutant limitations as prescribed by the United States Environmental Protection Agency and the Indiana Department of Environmental Management.

Ryan Kress, regulatory compliance manager for Public Works and Utilities, told the council the update is a periodic required step that accounts for three factors: measured pollutant concentrations in the sewer system, the wastewater treatment plant’s removal efficiency (which changed after a recent plant upgrade), and the state/federal limits on treated effluent entering the river. “What we’re looking to do here is, make a required update to the pollutant limitations in our ordinance,” Kress said.

Kress said the recalculation produced slightly lower limits for a small number of pollutants but added the utility does not expect local industries to be unable to comply. He said the city’s pretreatment monitoring and sampling frequency are unchanged and that monitoring costs are borne by wastewater fees. Council members asked whether the revised limits would produce additional taxpayer expense or require industries to invest in new controls; Kress answered that the city does not expect significant additional costs and that pretreatment activities remain funded through existing wastewater fees.

A member of the public asked whether the city proactively notifies new businesses about prohibited pollutants. Kress described the standard onboarding process: service applicants complete a questionnaire that flags potential pretreatment concerns, and pretreatment staff follow up as needed. He also confirmed the city has investigated and pursued enforcement against some industries that exceeded pollutant limits.

Council action Proposed ordinance 24‑O‑04 — an amendment to section 5.5 of ordinance 57‑46 to update local pollutant limitations — passed on third and final reading by roll call, 8–0. The ordinance implements updated local limits that result from state and federal review and the city’s plant upgrade.

Ending Council members said they want to see the monitoring results and enforcement actions over time; city staff said monitoring frequency and the pretreatment program remain in place and are funded from wastewater fees.