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Board fines JBS Prepared Foods $2,750 for FOG exceedance under consent-decree constraints
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Summary
The Elkhart Board of Public Works found JBS Prepared Foods in violation after a March sample exceeded local FOG limits and assessed a $2,750 penalty consistent with the facility's consent decree and the enforcement response plan.
The Elkhart Board of Public Works voted to assess a $2,750 penalty against JBS Prepared Foods after staff reported a March fats/oils/grease (FOG) sample of 355 milligrams per liter — above the local limit of 200 mg/L.
Steve Brown of Public Works told the board the March sampling marked the company's fourth FOG violation in 12 months and that the enforcement response plan recommends a $2,500 base penalty plus an additional $250 because the exceedance was more than 20%. "This marks the fourth FOG violation within the past 12 months," Brown said. "The enforcement response plan recommends a penalty of $2,500, and since the result is more than 20% of the limit there is an additional $250, making the grand total $2,750."
Board members discussed whether the consent decree governing JBS limited the board's authority to increase penalties. Board attorney Maggie Marnoka confirmed the consent decree specifies the $2,500 base and the $250 surcharge for a >20% exceedance, noting the decree "does state $2,500 with $250 if there's more than a 20% exceedance," and that constraint limits the board's discretion on larger fines.
The chair and other members said they wanted a fuller enforcement history before final action; the board briefly tabled the item to review the consent decree and staff history. After the board reviewed the decree and received staff assurances, it removed the item from the table and voted to impose the $2,750 penalty. The board noted JBS is already operating under a consent decree and is implementing best-management practices and on-site treatment steps to address repeated exceedances.
The board's action was procedural and monetary: it found permit #2002-01 in violation for the March FOG exceedance and assessed the prescribed penalty. No additional escalated penalty was imposed at this meeting. The board asked staff to provide a fuller compliance history and to report back on corrective measures in a future meeting.
