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Elkhart board approves consent orders and penalties for repeated wastewater violations
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Summary
The Board approved consent orders and monetary penalties for repeated wastewater permit violations: Ottawa Township faces a mercury-focused consent order; JBS Prepared Foods and Lippert Components were found in violation and fined under the city enforcement response plan.
The Elkhart Board of Public Works on Feb. 17 authorized consent orders and monetary penalties for multiple wastewater permit violations after staff presented sampling and enforcement details.
Steve Brown of Public Works summarized the cases. The board authorized a consent order for the Ottawa Township Sewer District (permit 2000-02) addressing repeated mercury exceedances. Brown said the order requires the township to identify mercury sources, increase monitoring (including monthly monitoring and dental facility inspections), submit quarterly progress reports and pay a $2,500 fee; legal reviewed and approved the draft consent order.
The board also found JBS Prepared Foods (permit 2002-01) in violation for exceeding FOG limits. Brown said a December 2025 sample represented the third FOG exceedance in a rolling 12-month period. Under the City of Elkhart enforcement response plan the third violation yields a $2,500 penalty plus an additional $250 for a result more than 20% above the limit, for a total recommended penalty of $2,750. The board imposed the penalty and approved a FOG consent order that requires JBS to identify sources, adopt best management practices, evaluate on-site treatment options and increase monitoring from monthly to biweekly.
Similarly, the board found Lippert Components (plant #83, permit 92-05) in violation for exceeding zinc limits at an end-of-process monitoring location. Staff reported this was Lippert's second monthly-average zinc violation within 12 months; the enforcement response plan prescribes a $1,500 penalty for a second violation plus $250 for the >20% exceedance, for a $1,750 total penalty. The board voted to impose the recommended penalty.
In each case no company representatives addressed the board during the recorded meeting. The board emphasized legal review of consent orders and directed staff to continue monitoring compliance and reporting progress to the board.
Next steps: staff will track required monitoring reports and progress deliverables specified in the consent orders and bring updates to future meetings.
