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Board reviews wastewater and water operations, approves SIU closeouts and several enforcement actions
Summary
Elkhart staff reported wastewater and water monthly operations, recommended closeout of consent orders for several industrial users that installed required discharge meters, and the board approved a series of enforcement actions and penalties — including fines for Walmart ($100), Welch Packaging ($250), Elkhart Environmental Processing ($500) and an amended penalty for Meinhardt ($125 for FOG).
Public Works and Utilities staff presented monthly operations reports and a set of pretreatment enforcement items that the board approved.
Wastewater operations: Don Neff reported November 2025 wastewater average daily flow near 10,000,000 gallons per day and nine wet‑weather overflows estimated at 1,400,000 gallons; staff also noted an instant report for an approximate 1,800‑gallon overflow at 537 Lexington due to a grease obstruction that has been resolved. The board placed the wastewater monthly report on file.
Water operations: staff reported no issues and an average daily system flow of about 7.5 million gallons; that report was also placed on file.
SIU compliance and consent orders: Steve Brown reported that several significant industrial users (SIUs) have installed city‑approved discharge meters and are now in compliance; staff recommended and the board approved closeout of the consent orders for Dimensional Metals (d/b/a RC Industries), Elkhart General Hospital, Lippert Components (plants cited) and McDowell Enterprises. Brown said four SIUs remain subject to a June 30, 2026 compliance deadline.
Enforcement actions and penalties: staff recommended penalties under the enforcement response plan for several permit exceedances and maintenance failures. The board approved the following (as recorded in the transcript): - Walmart (US‑20): $100 penalty for failing to operate and maintain a grease control device identified during an August inspection. - Welch Packaging (Ink Formulation): $250 penalty after monitoring showed a pH reading above 10 for more than 30 minutes in November; staff noted the discharge returned to compliance later that day and that the company has installed equipment to reduce recurrence. - Elkhart Environmental Processing: a composite sample in October showed a zinc exceedance (contract lab verification 5.24 mg/L vs. local limit 4.2 mg/L); staff recommended a $500 penalty. Owner Tom Portero addressed the board, said his company has had an otherwise strong compliance history, and expressed willingness to work with staff on a consent order to return to full compliance. - Meinhardt: staff reported a silver exceedance and a FOG grab sample reading 201 mg/L (limit 200 mg/L). The enforcement response plan recommended penalties; the board approved the silver penalty recommendation and, after an amendment, reduced the FOG penalty to $125 (half of the recommended amount) and carried the amended motion by voice vote.
Variance: the board also approved a variance allowing Aiella Mexican restaurant at 231 N. Main to maintain an interior grease trap and implement best management practices in lieu of installing an exterior 1,000‑gallon interceptor because of cost and space constraints.
Staff said some compliance items remain open and that additional follow‑up and consent orders will return to the board as needed.
