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Elkhart board issues penalties to three businesses for wastewater pretreatment violations

Board of Public Works, City of Elkhart · July 10, 2026
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Summary

The board found Continental Industries, El Guadalajara and Voyant Beauty in violation of local pretreatment limits and assessed $500 penalties for each (phenol, fats/oils/grease, and mercury exceedances respectively); staff will continue monitoring and work with owners on compliance.

The City of Elkhart’s Board of Public Works on Thursday found three permitted dischargers in violation of local pretreatment limits and assessed penalties consistent with the city’s enforcement response plan.

Continental Industries (permit 2003-01) was found to have a phenol concentration of 4.89 milligrams per liter in its June 2026 self-monitoring report, exceeding the local limit of 4.0 mg/L. Under the enforcement response plan, the city recommended a base penalty of $250 for the exceedance plus an additional $250 because the exceedance exceeded 20 percent of the limit; the board approved a total $500 penalty.

El Guadalajara (301 W. Lusher Ave.), which holds a prior variance from installing an outside interceptor, was presented to the board after pretreatment staff’s April 2026 sample measured FOG at 830 mg/L (local limit 200 mg/L). Staff recapped that the restaurant had committed to daily cleaning and on-site recordkeeping when the variance was granted in November 2025; an on-site representative (with an interpreter) said they clean daily and provided a receipt indicating a June 4 pump-out. Staff said follow-up sampling after that cleaning still showed a later exceedance and that the owners are currently out of the country; the board approved a $500 penalty and staff said they will continue inspections and meet with the owners when they return.

Voyant Beauty (permit 98-01) was found to have a mercury concentration of 0.00032 mg/L in a May 2026 sample, exceeding the city’s very low local limit of 0.00018 mg/L. Staff noted the challenge of the low limit and said the city has been working with EPA to adopt a mercury minimization plan; the board approved a $500 penalty for the exceedance.

Each motion to assess penalties passed by voice vote. Steve Brown, Public Works and Utilities, said staff will continue enforcement visits and work to bring facilities into compliance, and reminded the board that one more significant industrial user is still completing required meter installations under earlier consent orders.

The board’s actions were framed as enforcement under the city’s established response plan; staff emphasized follow-up sampling and bilingual outreach for some operators.