Elkhart Board sets deadlines, fines and an enforcement path for industrial discharge metering
June 17, 2025 | Elkhart City, Elkhart County, Indiana
This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »
The Board of Public Works on June 17 extended a compliance deadline for one manufacturer’s wastewater discharge meter, approved a city enforcement resolution for the discharge-meter mandate and set penalties and dates for industrial users that fail to meet the city’s metering requirements.
The Board approved an amendment giving Winona Powder Coating Incorporated until May 1, 2027, to install a required discharge meter, “subject to the conditions outlined, within the memorandum,” and later adopted Resolution 25-R-09 authorizing the compliance director to issue fines and sign consent orders for noncompliance, city staff said.
City public works official Steve Brown said the meter mandate is “a significant change for the whole pretreatment program,” and that the city previously had not enforced the requirement. He told the Board the city had notified its significant industrial users (SIUs) on May 9, 2024, and that the original deadline for compliance was June 30, 2025. Brown reported that “Total number of SIUs currently is 42. 3 of those are in compliance.”
Brown described the enforcement approach the department proposed: a notice of violation and a $250 penalty for missing the June 30 deadline, a required consent order by August 1 (which carries a $2,500 penalty under the city’s enforcement response plan), and a $250-per-day penalty for failure to sign the consent order after August 1. Brown said terms and next steps could be tailored depending on the severity of future violations.
Brian Crest, regulatory compliance, told the Board that companies receiving notices of violation have the same opportunity to seek relief from the Board as with other enforcement actions: “As with any notice of violation, the board, you know, they can come to the board. They can say, hey. You know, we were assessed this notice of violation. We don't think that was appropriate.”
Winona Powder Coating’s representative, Raymond Walker, addressed the Board in support of the extension and the firm’s work: “No, sir. 100% support what Steve is saying. We've been in close contact for many months during this installation, and I feel like everything that they're offering to us and that we've done we've done in good faith.”
Staff said the flow-proportional (flow-based) monitoring called for by EPA guidance is the more accurate compliance method; the discharge meter enables flow-proportional sampling. The city will allow time-based monitoring only where an SIU can document that its time-based sample is representative of flow-proportional sampling.
In adopting Resolution 25-R-09, the Board gave the compliance director delegated authority to carry out the fines and execute consent orders related to the discharge-meter requirement. The Board voted to adopt the resolution by voice vote; the motion carried.
As an example of enforcement work concluding successfully, the Board also voted to close out the JBS Prepared Foods administrative order after the company met the order’s requirements. Steve Brown said the company’s new plant manager “has been a great turnaround and a great benefit for compliance.”
What the Board decided
- Approved Winona Powder Coating’s request to extend its compliance deadline to May 1, 2027, subject to the conditions in the staff memorandum (motion approved by voice vote).
- Adopted Resolution 25-R-09 delegating authority to the compliance director to issue fines and sign consent orders related to discharge metering (motion approved by voice vote).
- Closed out the JBS Prepared Foods administrative order after staff reported JBS had satisfied its requirements (motion approved by voice vote).
Why it matters
City staff said the change aligns the city’s pretreatment program with federal and state expectations and that enforcement is intended to push the remaining SIUs to install required meters and move to flow-proportional sampling. With 42 SIUs on the roster and only three reported fully compliant at the time of the meeting, staff said the approach balances enforcement with limited flexibility for firms that have recently invested in treatment systems.
What’s next
Staff will notify SIUs of the enforcement timetable and pursue consent orders where firms require more time; firms that fail to sign consent orders by Aug. 1 will face daily penalties until they do so. The Board asked staff to report back on compliance progress as enforcement moves forward.
The Board approved an amendment giving Winona Powder Coating Incorporated until May 1, 2027, to install a required discharge meter, “subject to the conditions outlined, within the memorandum,” and later adopted Resolution 25-R-09 authorizing the compliance director to issue fines and sign consent orders for noncompliance, city staff said.
City public works official Steve Brown said the meter mandate is “a significant change for the whole pretreatment program,” and that the city previously had not enforced the requirement. He told the Board the city had notified its significant industrial users (SIUs) on May 9, 2024, and that the original deadline for compliance was June 30, 2025. Brown reported that “Total number of SIUs currently is 42. 3 of those are in compliance.”
Brown described the enforcement approach the department proposed: a notice of violation and a $250 penalty for missing the June 30 deadline, a required consent order by August 1 (which carries a $2,500 penalty under the city’s enforcement response plan), and a $250-per-day penalty for failure to sign the consent order after August 1. Brown said terms and next steps could be tailored depending on the severity of future violations.
Brian Crest, regulatory compliance, told the Board that companies receiving notices of violation have the same opportunity to seek relief from the Board as with other enforcement actions: “As with any notice of violation, the board, you know, they can come to the board. They can say, hey. You know, we were assessed this notice of violation. We don't think that was appropriate.”
Winona Powder Coating’s representative, Raymond Walker, addressed the Board in support of the extension and the firm’s work: “No, sir. 100% support what Steve is saying. We've been in close contact for many months during this installation, and I feel like everything that they're offering to us and that we've done we've done in good faith.”
Staff said the flow-proportional (flow-based) monitoring called for by EPA guidance is the more accurate compliance method; the discharge meter enables flow-proportional sampling. The city will allow time-based monitoring only where an SIU can document that its time-based sample is representative of flow-proportional sampling.
In adopting Resolution 25-R-09, the Board gave the compliance director delegated authority to carry out the fines and execute consent orders related to the discharge-meter requirement. The Board voted to adopt the resolution by voice vote; the motion carried.
As an example of enforcement work concluding successfully, the Board also voted to close out the JBS Prepared Foods administrative order after the company met the order’s requirements. Steve Brown said the company’s new plant manager “has been a great turnaround and a great benefit for compliance.”
What the Board decided
- Approved Winona Powder Coating’s request to extend its compliance deadline to May 1, 2027, subject to the conditions in the staff memorandum (motion approved by voice vote).
- Adopted Resolution 25-R-09 delegating authority to the compliance director to issue fines and sign consent orders related to discharge metering (motion approved by voice vote).
- Closed out the JBS Prepared Foods administrative order after staff reported JBS had satisfied its requirements (motion approved by voice vote).
Why it matters
City staff said the change aligns the city’s pretreatment program with federal and state expectations and that enforcement is intended to push the remaining SIUs to install required meters and move to flow-proportional sampling. With 42 SIUs on the roster and only three reported fully compliant at the time of the meeting, staff said the approach balances enforcement with limited flexibility for firms that have recently invested in treatment systems.
What’s next
Staff will notify SIUs of the enforcement timetable and pursue consent orders where firms require more time; firms that fail to sign consent orders by Aug. 1 will face daily penalties until they do so. The Board asked staff to report back on compliance progress as enforcement moves forward.
View the Full Meeting & All Its Details
This article offers just a summary. Unlock complete video, transcripts, and insights as a Founder Member.
✓
Watch full, unedited meeting videos
✓
Search every word spoken in unlimited transcripts
✓
AI summaries & real-time alerts (all government levels)
✓
Permanent access to expanding government content
30-day money-back guarantee
