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Elkhart utilities assess lead exceedance, ratify emergency sewer repair and adopt sampling policy update
Summary
The Board of Public Works found BD Industries in violation of its industrial wastewater permit for lead, assessed a $500 penalty, ratified emergency sewer repairs at River Bend Drive and approved a written policy clarifying flow-proportional sampling requirements for significant industrial users.
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The Elkhart City Board of Public Works on April 1 assessed a $500 penalty against BD Industries after staff-reported monitoring found a lead exceedance and ratified emergency sewer repairs at the 400 block of River Bend Drive; the board also approved a written update clarifying when flow-proportional sampling and discharge meters are required.
Steve Brown of Public Works and Utilities said pretreatment staff’s January composite sample showed 1.45 milligrams per liter of lead, and a contract lab returned a corroborating result. The board voted to find BD Industries permit No. 88-03 in violation and assign a $500 penalty under the enforcement response plan (recommended split: $250 base plus $250 for exceedance over 20 percent of the limit). Brown reported the facility undertook internal investigations without locating a clear source; follow-up sampling in March showed the facility back in compliance.
City staff also asked the board to ratify emergency work at the 400 block of River Bend Drive after crews uncovered groundwater and a cracked sewer main caused by roots during construction. Selj Construction was brought in because staff and the private contractor lacked the dewatering equipment needed; staff said the repair has been completed and asked the board to ratify the emergency selection.
Separately, staff presented an update to Section 7 of the Guide to Wastewater Utility Policies to establish criteria for when flow-proportional sampling and discharge meters are required for significant industrial users. Brian (staff) and others said the policy clarifies when meters are unnecessary (for very regular discharges) and noted the installation cost is the business’s responsibility. Staff said they have been working with industries for nearly a year and gave a target of June for those required to install devices or to have documented exemptions; the written policy was adopted to ensure consistent treatment.
Ending
The utility will continue monitoring BD Industries, proceed with enforcement documentation, and notify significant industrial users of the Section 7 policy and June compliance timeline. The emergency sewer repair will proceed through normal contract closeout and SRF reporting requirements.

