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Board imposes fines on two permittees and approves consent order with bakery over wastewater violations
Summary
The board found Elkhart General Hospital and Antoa Township Sewer District in permit violation and imposed $1,000 penalties on each; it also approved a consent order with Bimbo Bakeries after multiple FOG violations, with company representatives outlining remediation plans.
The Elkhart Board of Public Works voted to find two permittees in violation of their industrial wastewater discharge requirements and approved enforcement measures, including a $1,000 civil penalty for Elkhart General Hospital and a $1,000 penalty for Antoa Township Sewer District. The board also approved a consent order with Bimbo Bakeries (Bimbo/BBU) to address multiple fats, oils and grease (FOG) violations.
Steve Brown of Public Works presented the cases. For Elkhart General Hospital, staff said the hospital failed to self-monitor 10 required parameters during the permit-renewal process. Smith (staff) recommended a $1,000 penalty calculated at $100 per missed parameter under the city’s enforcement response plan. Jeff Herman, director of facilities for Beacon Health/Elkhart General Hospital, acknowledged the lapse, said the hospital has since completed the required testing, attributed the error to recent management changes and an oversight by a third-party vendor, and asked the board to waive the fine. The board voted to impose the $1,000 penalty.
In a separate action, staff said routine February monitoring at Antoa Township showed exceedances for maximum and average parameters. John Bosler, a wastewater board member representing Antoa Township, explained the exceedances resulted from a chemical-feed pump failure for a bioxide (calcium nitrate) product over a weekend; the township said it immediately repaired the pump, restored compliance and will examine vendor-supplied concentrations and calibration schedules to avoid repetition. The board voted to impose a $1,000 penalty under the enforcement plan.
For Bimbo Bakeries, staff documented multiple operational violations for fats, oils and grease. The board approved a consent order developed in coordination with legal counsel. Shelley Tenor, senior manager of corporate environmental sustainability for Bimbo, told the board the company has retained third-party consultants, begun staff training and implemented best-management practices and oversight intended to resolve issues before the consent-order enforcement date in June.
Board members framed the penalties and the consent order as enforcement tools intended to ensure compliance rather than to punish, and they emphasized continued inspections and sampling for facilities that change classification or enter consent agreements.
