Elkhart Board backs repeal and consolidation of wastewater and FOG ordinances to match state law

The Board of Public Works voted Sept. 9 to approve resolution 25‑R‑14 supporting repeal and replacement of Elkhart's wastewater utility use ordinance and the fats, oils and grease (FOG) ordinance, consolidating both into a single ordinance and aligning some definitions with EPA and state law.

Brian Crest, public works and utilities, told the board the draft ordinance removes duplication, folds FOG into the consolidated code and changes the city's definition of a "significant industrial user" to match the EPA standard. "We are hoping to take the existing wastewater utility use ordinance and the FOG ordinance, repeal them both, combine them into 1 ordinance," Crest said. He said the office also plans to accept electronic submissions after the ordinance change.

Crest told the board a change in state law affects maximum civil fines. He summarized the change to the board: state law permits a maximum fine of $2,500 for a first violation and up to $7,500 for subsequent violations (expressed in the ordinance language as maximums per violation per day). Crest emphasized the board would not immediately apply the maximum fine amounts; the city intends to update its enforcement response plan and return to the council with any proposed enforcement changes before seeking higher fines. "The ordinance language change is just going to say that in that enforcement response plan ... we hypothetically can fine up to that amount," Crest said.

Board members asked whether EPA had reviewed the draft. Crest said the U.S. Environmental Protection Agency had given tentative approval, but that EPA's final approval follows formal passage through the city council; second and third readings are expected Oct. 6, per the presentation.

The board approved resolution 25‑R‑14 by voice vote. The action as approved at the Board of Public Works is a policy-level endorsement and will proceed to the city council for ordinance adoption and subsequent EPA submission. The board noted the change is intended primarily to clarify requirements for industrial users and to bring city code into alignment with state law and EPA practice, not to immediately expand prosecutorial use of maximum fines.

What happens next: the consolidated ordinance will go through the council public process (second and third readings were noted for Oct. 6) and the city will revise its enforcement response plan before recommending any new fine levels.

Speakers quoted or referenced in this article are drawn from the meeting transcript: Brian Crest, public works and utilities; Andy Jones, board member; Jeff Schaeffer, city engineer; Maggie Marnoka, public works attorney.