Board authorizes private low-pressure sanitary force main in right of way for Jet Technologies, subject to developer maintenance agreement

The Elkhart Board of Public Works on April 8 authorized installation and maintenance of a private low-pressure sanitary force main in the public right of way to serve buildings owned by Jet Technologies, conditionally on a developer-signed statement approved by city legal that will make the developer responsible for ongoing maintenance and repairs.

Assistant City Engineer Jeff Schafer outlined the situation and the city's preference against private mains in the public right of way: "It's never our preference to run a private force main in the public right of way," he said, but added that alternative routes through park property were not feasible and that the developer had provided sufficient plans and an IDEM permit application. Schafer said the city had the plans and the IDEM application and that staff would work with city legal (Ms. Marnoga) to finalize the required maintenance and release agreement.

Why it matters: the work enables wastewater service to multiple industrial buildings recently annexed into the city, but assigns long-term ownership and maintenance responsibility to the developer rather than to the city. Approval moves the project to the permitting and construction-permit stage.

Details and conditions

- Scope: The force main will serve at least three buildings on North Park Drive associated with the Jet Technologies owner, Todd Sullivan. Schafer noted that some of the nearest existing sewers are a quarter to a half mile away; running a private force main in the right of way was deemed the best available option after other routes proved impractical.

- Permits and agreements: Staff reported they have received sufficient plans and an IDEM permit application signed by the applicant. The board conditioned approval on receipt of a developer-signed statement, approved by city legal, releasing the city from responsibility to maintain or repair the private force main.

- Ownership and future connections: Schafer said Mr. Sullivan owns most buildings along the route and that the developer will be owner/operator of the force main; staff acknowledged the possibility of future connections and said they would evaluate options with the utility if other property owners request hookups.

Next steps: Staff will finalize the maintenance/release agreement with the developer, complete permitting, and proceed to construction upon permit issuance and execution of the agreement.

Ending: The board voted to approve the request by voice vote; conditions require an executed developer agreement and completion of IDEM and city permits.