Board finds Elkhart Environmental Processing in violation of wastewater permit, assesses $5,250 penalty

The Board of Public Works voted May 6 to find Elkhart Environmental Processing (permit number recorded in the meeting as “2000Two‑two”) in violation of its industrial wastewater discharge permit and to assess a $5,250 penalty.

Steve Brown, Public Works and Utilities, told the board that pretreatment staff received calls from the wastewater treatment plant about discolored flows and high solids arriving from industrial discharges. An investigation identified Elkhart Environmental Processing as the source. Brown said multiple permit violations were found during sampling events, and that the enforcement response plan (ERP) recommends a penalty for both the violations and for failure to appropriately notify the utility of a slug discharge.

Brown said staff conducted extensive sampling during the incident and that the samples did not show other pollutants of concern; the utility will bill Elkhart Environmental Processing for additional monitoring and analyses performed during the event. A board member voiced concern that a modest penalty could leave the city exposed if significant contaminants (for example, mercury) had been discharged; Brown said staff had sampled and found no such pollutants, and that the situation had been resolved collaboratively.

The board approved the finding of violation and the $5,250 penalty by voice vote. Brown noted that the plant billed for monitoring and that city staff had met with the company owner the prior Friday and advised him that his presence at the meeting was not necessary.