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Elkhart Board issues fines and follow-up steps after multiple permit violations and delistings
Summary
The board delisted two industrial users, found several others in violation (penalties from $250 to $1,750) and directed coordinated resampling and televising in response to low-level mercury and hydrogen sulfide exceedances.
At its Oct. 1 meeting the Elkhart Board of Public Works handled a string of industrial-permit actions: two delistings, several findings of violation with penalties and follow-up directions for resampling and investigation of low-level mercury and H2S exceedances.
Staff recommended and the board approved delisting Conselmar South (permit 85-08) and Moreide International (permit 2006-01) after both facilities ceased metal-finishing operations and staff verified equipment removal and disposal of chemicals.
The board also found multiple permitted industrial users in violation under the enforcement response plan and assessed penalties: Dimensional Metals (RC Industries) — $1,150 for missing required sampling and reports; Bimbo Bakeries — $650 for missed sampling and process-report submission; JBS Prepared Foods — $250 for a pH violation (reported discharge at 4.94, below the 5.0 minimum); and Simonton Lake Conservancy District — $1,750 for an H2S exceedance where monitoring showed 75 parts per million (limit 50 ppm).
Bruce Carpenter, maintenance manager for RC Industries, apologized to the board: "I can only apologize for our mistake... I failed." The RC representative said personnel changes led to the lapse and pledged corrective action.
Simonton Lake’s representative, Steven Grubb of Midwest Contract Operations, described a high-flow Labor Day event and proposed additional wet-well chemical dosing and other vendor-recommended fixes; he asked for coordinated resampling. "We've been monitoring in your manhole, but then we had some issues with our monitoring equipment... we've just recently gotten those back," Grubb said, and recommended split samples and joint lab comparisons to locate any contamination.
For a mercury exceedance reported from Antwerp Township and at other local industrial sampling points, Antwerp and industry speakers urged the board to coordinate split sampling and upstream investigation rather than immediately escalate penalties. Staff said resampling returned Antwerp to compliance and said the board and staff will coordinate televising and further sampling before taking further enforcement action.
Where enforcement fines were assessed, the board voted to apply the penalties consistent with the enforcement response plan; in at least one case the board tabled further action pending joint resampling and analysis.
